[Senate Report 109-280]
[From the U.S. Government Publishing Office]
Calendar No. 516
109th Congress Report
SENATE
2d Session 109-280
======================================================================
DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2007
_______
July 13, 2006.--Ordered to be printed
_______
Mr. Shelby, from the Committee on Appropriations,
submitted the following
R E P O R T
[To accompany H.R. 5672]
The Committee on Appropriations reports the bill (S. 0000)
making appropriations for the Departments of Commerce, Justice,
and State, the judiciary, and related agencies for the fiscal
year ending September 30, 2006, and for other purposes, reports
favorably thereon and recommends that the bill do pass. deg.
The Committee on Appropriations to which was referred the
bill (H.R. 5672) making appropriations for Science, the
Departments of State, Justice, and Commerce, and related
agencies for the fiscal year ending September 30, 2007, and for
other purposes, reports the same to the Senate with an
amendment, and an amendment to the title, and recommends that
the bill, as amended, do pass. The Committee on Appropriations
has addressed appropriations for the Department of State and
Related Agencies for fiscal year 2007 in a separate bill.
Appropriations for said agencies are not contained in the table
below.
Total obligational authority, fiscal year 2007
Total of bill as reported to the Senate................. $54,670,000,000
Amount of 2006 appropriations........................... 53,480,612,000
Amount of 2007 budget estimate.......................... 52,243,183,000
Amount of House allowance............................... 52,836,912,000
Bill as recommended to Senate compared to--
2006 appropriations................................. +1,189,388,000
2007 budget estimate................................ +2,426,817,000
House allowance..................................... +1,833,088,000
C O N T E N T S
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Page
Background:
Purpose of the Bill.......................................... 3
Summary of the Bill.......................................... 4
Budgetary Impact of the Bill................................. 9
Title I: Department of Justice................................... 10
Title II: Department of Commerce and Related Agencies............ 72
Title III: Science............................................... 115
Title IV:
Related Agencies:
Antitrust Modernization Commission....................... 133
Commission on Civil Rights............................... 133
Equal Employment Opportunity Commission.................. 133
Federal Communications Commission........................ 135
Federal Trade Commission................................. 135
Legal Services Corporation............................... 137
Marine Mammal Commission................................. 137
National Veterans' Business Development Corporation...... 138
Securities and Exchange Commission....................... 138
Small Business Administration............................ 138
State Justice Institute.................................. 144
Title V: General Provisions...................................... 145
Title VI: Rescissions............................................ 148
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 150
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of
the Senate..................................................... 151
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 152
Purpose of the Bill
The bill makes appropriations for the Departments of
Commerce, and Justice, science, and related agencies for fiscal
year 2007.
The Committee notes that the appropriations for the
operations of the Department of State were transferred to the
Subcommittee on State, Foreign Operations, and Related
Agencies.
This legislation is the principal source of resources for
the Departments of Justice, including the Federal Bureau of
Investigation; and Commerce, including the National Oceanic and
Atmospheric Administration [NOAA]; the bill also provides
funding for the National Aeronautics and Space Administration,
the National Science Foundation, and a number of independent
agencies and commissions, including the Securities and Exchange
Commission, the Small Business Administration, the Federal
Trade Commission, the Federal Communications Commission and the
Office of the United States Trade Representative, which is part
of the Executive Office of the President.
The bill remains a critical basis of support for Federal
programs to combat terrorism, including the intelligence,
counterterrorism, and national security programs of the Federal
Bureau of Investigation. The bill supports Federal law
enforcement, and grant assistance to State and local law
enforcement agencies throughout the United States.
This Committee recognizes the importance oceanic and
atmospheric events have in our daily lives. From exploring the
deep ocean to monitoring radiation from the surface of the Sun,
there is no part of our ocean and atmospheric environment that
NOAA is not investigating and forecasting. NOAA accounts for
our safety, whether providing accurate nautical charts to
coastal mariners or generating timely severe weather forecasts
for citizens in America's heartland. NOAA is everywhere.
Grounded in sound science, the agency's aim is to foster a
healthier environment and economy. NOAA services touch at least
$3,000,000,000,000 of America's economy each day; roughly 30
percent of our Nation's gross domestic product. Given the
magnitude of NOAA's influence on our economy and our personal
lives, our Nation requires consistent, uninterrupted and
unbiased research from this diverse agency. Likewise, reliable
science deserves reliable fiscal support. This Committee is
committed to supporting NOAA's work, and the dedicated men and
women who serve within it.
The bill provides valuable research funding for the
National Science Foundation [NSF]. This funding supplies the
crucial starting point for scientific advancement that leads to
the economic competitiveness and productivity of the Nation.
The funding for NSF brings the talents of university
researchers and students to bear on the fundamental research
questions that provide the Nation with a reserve of technical
understanding needed for innovation.
The bill provides the funding for the National Aeronautics
and Space Administration [NASA]. With the funds provided to
NASA, the Nation is able to explore the vast reaches of the
universe and gain a greater understanding of the Earth and our
solar system. NASA keeps our Nation at the cutting edge of
science and technology and ensures a continued presence and
leadership in space.
The Committee is supportive of the American Competitiveness
Initiative [ACI] and feels that the ACI is a reflection of the
long held belief of the Committee in the investment in research
and its role in advancing the technological capabilities of the
Nation. By investing in basic research and science education,
the Nation is able to lead the world in innovation, and will be
able to develop a technically skilled workforce to vie for
leadership in an increasingly competitive world.
Summary of the Bill
The total amount of new budget authority recommended by the
Committee for fiscal year 2007 is $54,670,000,000, including
$229,000,000 in mandatory appropriations. The amount of
discretionary budget authority, as defined by the Budget Act,
is $51,000,000,000.
The total amount of new budget authority represents an
increase of $1,189,388,000 compared with the fiscal year 2006
enacted level and an increase of $2,426,817,000 compared with
the budget request.
The Committee recommended bill is consistent with the
allocation for the Commerce, Justice, Science, and Related
Agencies appropriations bill. The Committee has made difficult
but necessary trade offs to craft a bill that is within these
strict fiscal limitations. Within these limitations, the
Committee has struck the delicate balance of supporting the
competing priorities of law enforcement, science, ocean and
atmospheric research and space exploration.
Despite the largest increase in violent crime in the United
States since 1991, the Committee notes with disappointment the
administration's proposed elimination of most funding for State
and local law enforcement assistance programs.
The Committee continues to be troubled with the
administration's proposed funding level for the Nation's
leading civilian ocean and atmospheric research, science, and
service agency, the National Oceanic and Atmospheric
Administration [NOAA]. The fiscal year 2007 request is
$421,914,000 below the fiscal year 2006 enacted level, which is
inadequate to properly fund the numerous programs supporting
our oceans, marine fisheries, and atmospheric research as well
as, the critical weather service predictions and forecasting we
rely on daily to help save lives and protect property in times
of severe weather. The Committee has tried to address the issue
of NOAA's ever-eroding base by providing additional resources
to counter the recent trend.
All account totals for fiscal year 2006 reflect the enacted
level which includes the adjustments provided for in Public Law
109-108, Making Appropriations for Science, the Departments of
State, Justice, and Commerce, and Related Agencies for the
Fiscal Year Ending September 30, 2006 and Public Law 109-148,
Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006. All account totals for fiscal year 2006
emergency supplemental appropriations reflect the levels
provided in Public Law 109-148, Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 and Public
Law 109-234, Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery,
2006.
REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS
Section 505 contained in the ``General Provisions'' of
title V provides procedures for the reprogramming of funds. To
reprogram is to change the use of funds from the specific
purposes provided for in the act and the accompanying report
or, in the absence of direction from the Committee on
Appropriations, from the specific purposes provided for in the
administration's budget request. Each Title of the bill has
also traditionally included separate provisions that define
permissible transfers of resources between appropriation
accounts. These transfer authority provisions are also pursuant
to section 505, and were initiated in the early 1990's to
provide additional flexibility to the agencies under the
subcommittee's jurisdiction.
The Committee expects each department and agency to closely
follow the reprogramming procedures listed in section 505,
which are similar to provisions that applied in statute during
fiscal year 2006. These procedures apply to funds provided
under this act, or provided under previous appropriations acts
that remain available for obligation or expenditure in fiscal
year 2007, or provided from any accounts in the Treasury
available to the agencies funded by this act. Section 505
requires that the Committee on Appropriations be notified by
letter, at least 15 days prior to: Reprogramming of funds,
whether permanent or temporary, in excess of $750,000 or 10
percent, whichever is less, between programs, projects or
activities. This provision is also applicable in cases where
several activities are involved with each receiving less than
$750,000. In addition, the Committee is to be notified of
reprogramming actions which are less than these amounts if such
actions would have the effect of committing the agency to
significant funding requirements in future years; increasing
funds or personnel by any means for any project or activity for
which funds have been previously denied or restricted by
Congress; creating new programs, offices, agencies or
commissions or substantially augmenting existing programs,
offices, agencies or commissions; relocating offices or
employees; reorganizing offices, programs, or activities.
The Committee also expects that any items that are subject
to interpretation will be reported. The Committee is concerned
that, in some instances, the departments or agencies funded
within this appropriations act are not adhering to the
Committee's reprogramming guidelines that are clearly set forth
in this report and in section 505 of the accompanying bill. The
Committee expects that each department and agency funded in the
bill will follow these notification policies precisely and will
not reallocate resources or reorganize activities prior to
submitting the required notifications to the Committee.
The reprogramming process is based on comity between the
Appropriations Committee and the executive branch. The
Commerce, Justice, Science, and Related Agencies appropriations
bill provides specific program guidance throughout this report
and tables accompanying the bill. The process is intended to
provide flexibility to meet changing circumstances and
emergency requirements of agencies, if there is agreement
between the executive branch and the Congress that such a
change is warranted. Reprogramming procedures provide a means
to agree on adjustments, if necessary, during a fiscal year,
and to ensure that the Committee is kept apprised of instances
where nonappropriated resources are used to meet program
requirements, such as fee collections and unobligated balances
that were not considered in the development of the
appropriations legislation.
In the absence of comity and respect for the prerogatives
of the Appropriations Committees and Congress in general, the
Committee will have no choice but to include specific program
limitations and details legislatively. 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 through the
reprogramming process between programs, projects, and
activities without seeking some form of legislative action.
The Committee expects the executive branch departments to
manage their programs, projects and activities within the
levels appropriated. Reprogramming or transfer requests shall
be submitted only in the case of an unforeseen emergency or
situation that could not have been anticipated when formulating
the budget request for the current fiscal year. Further, the
Committee notes that when a department or agency submits a
reprogramming or transfer request to the Committees on
Appropriations, and does not receive identical responses from
the House and Senate, it is the responsibility of the
department or agency seeking the reprogramming to reconcile the
differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved.
CONGRESSIONAL BUDGET JUSTIFICATIONS
The Committee directs that all departments and agencies
funded within this bill shall submit all of their fiscal year
2008 budget justifications concurrently with the official
submission of the administration's budget to Congress. Further,
all departments and agencies with classified programs are
directed to submit their classified budget justification
documents to the Senate Committee on Appropriations, through,
appropriate means at the same time the unclassified budget
justifications are transmitted.
These justifications shall include a sufficient level of
detailed data, exhibits and explanatory statements to support
the appropriations requests, including tables that outline each
agency programs, projects, and activities for fiscal years 2007
and 2008. The Committee directs the chief financial officer of
each department or agency under the subcommittees jurisdiction
to ensure that adequate justification is given to each
increase, decrease, staffing and function change proposed in
the fiscal year 2008 budget, particularly within the
departmental operations and management accounts.
The Committee is concerned that many of the budget
submissions are inadequate and necessitate multiple requests
for additional information. This process is inefficient and
unnecessarily delays access to information that is fundamental
to the work of the Committee. The Committee expects that the
fiscal year 2008 submission will include sufficient detail to
justify all programs, projects and activities contained in each
department, agency or commission budget request. Budget
justifications are prepared not for the use of the agencies,
but are the primary tool of the Committee to evaluate the
resource requirements and proposals requested by the
administration. The Committee expects all departments and
agencies covered under this act to consult with the Committee
on this issue prior to the submission of the fiscal year 2008
budget request and justification materials.
FEE PROPOSALS
The Committee continues to be concerned with the use of
proposed user fees to fund necessary and essential Government
and law enforcement functions. Such proposals amount to
budgetary ``smoke and mirrors'' and are actually a tax on the
public. Congress has rejected such proposals before, yet the
administration continues to include them in its budget
submissions. The Committee believes that any future user fee
proposals should be accompanied by specific offsets identified
within the relevant agency's budget. Such offsets suggest
fiscal responsibility rather than fiscal imprudence.
ELECTRONIC GOVERNMENT (E-GOV) INITIATIVES
The administration is seeking funds for various E-Gov
initiatives in the fiscal year 2007 budget requests for the
departments, agencies, and commissions receiving appropriations
in this act. In many cases, the development of information
technology [IT] systems for various E-Gov initiatives,
including the so-called ``lines of business'', is not being
funded in the budget of the managing agency of the initiative.
Instead, these cross-agency E-Gov initiatives are being funded
through ``fee-for-service'' assessments to agencies.
An underlying assumption of the cross-agency E-Gov
initiatives is that consolidation of IT systems will yield cost
savings and improve Federal Government performance. Presumed
savings from implementing various E-Gov initiatives are vague,
and the Committee is skeptical of realistic cost savings
without more evidence of financial planning. Furthermore,
consolidation of multiple agencies into a one-system-fits-all
model often leads to development of systems that fail to
adequately address unique and mission-critical aspects of
individual agencies. The Committee is aware that consolidation,
when taken too far as an objective, can become an excuse to
usurp decision-making from agencies, and leave them without the
ability to acquire the critical technology to become more
efficient and effective.
The administration has only conducted a cost-benefit
analysis of the cross-agency E-Gov initiatives on a government-
wide basis. As uncovered in responses to specific inquiries
from the Committee, the administration is unable to quantify
the benefits to a particular agency for participating in a
cross-agency E-Gov program. Therefore, the Committee has no
confidence that the amounts being assessed have any
relationship to the benefits anticipated to be returned.
Finally, the Committee is concerned that funding various E-
Gov initiatives through transfers of funds exceeds authority
provided in the E-Gov Act, Economy Act, and agency revolving
fund statutes. Furthermore, these transactions conceal the
total costs of developing, operating, and maintaining E-Gov IT
systems, as well as, government and contractor performance in
meeting budget, schedule, and program requirements. Considering
the difficulty the Federal Government has in managing large,
complex IT acquisitions, the Committee believes that the E-Gov
initiatives would benefit from greater public accountability,
and should be administered in a manner that does not impede
congressional oversight.
For these reasons, the Committee recommendation provides no
funding for E-Gov activities for fiscal year 2007. If the
departments or agencies determine that funds are necessary for
these efforts, the Committee will consider a reprogramming of
existing resources consistent with sections 505 and 516 of this
act. Future requests for funding for any E-Gov initiative to
the Senate Committee on Appropriations must include a detailed
cost-benefit analysis, along with business metrics that measure
the successful implementation and the savings achieved from
contributions to E-Gov. In addition, the request must identify
any IT system programs or contracts that are being terminated
in order to migrate to an E-Gov initiative. All reprogramming
requests must demonstrate that the benefits from the transfer
for an E-Gov initiative are greater than the original purpose
for which the funds were appropriated. These requirements apply
to future budget submissions and reprogramming requests for the
current and future fiscal years. The Inspector General of the
affected departments or agencies shall (1) audit and review all
E-Gov documentation, including the assumptions contained in the
cost-benefit analysis; and (2) certify that the documentation
validates the outcomes of the E-Gov cost-benefit analysis.
NONCAREER PERSONNEL REDUCTIONS-IN-FORCE
The Committee directs departments or agencies funded in the
accompanying bill that are planning to conduct a reduction-in-
force [RIF] to notify the Committee in writing 30 days in
advance of the date of the proposed personnel action.
APPROPRIATIONS LIAISONS
The Committee prefers to channel the majority of its
inquiries and requests for information and assistance through
the budget offices or comptroller offices of the departments
and agencies which it oversees, but reserves the right to call
upon any individual or organization in any agency under its
jurisdiction.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount of Committee Amount of
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of budget totals for 2007:
Subcommittee on Commerce and Justice, Science, and Related
Agencies:
Mandatory............................................... 229 229 NA \1\ 240
Discretionary........................................... 51,000 51,000 NA \1\ 52,563
Projection of outlays associated with the recommendation:
2007.................................................... ........... ........... ........... \2\ 32,330
2008.................................................... ........... ........... ........... 13,359
2009.................................................... ........... ........... ........... 4,133
2010.................................................... ........... ........... ........... 1,733
2011 and future years................................... ........... ........... ........... 718
Financial assistance to State and local governments for NA 1,166 NA 64
2007.......................................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes outlays from prior-year budget authority.
\2\ Excludes outlays from prior-year budget authority.
NA: Not applicable.
TITLE I
DEPARTMENT OF JUSTICE
The Committee recommends a total of $21,955,264,000 for the
Department of Justice [DOJ]. The recommendation is $241,126,000
above the fiscal year 2006 funding level, excluding emergency
supplemental appropriations and $461,261,000 above the budget
request.
The Committee has made funding for combating and
prosecuting terrorism; enhancing intelligence capabilities;
arresting and prosecuting child predators; and developing
critical information technology and infrastructure investments-
centerpieces of the fiscal year 2007 Department of Justice
appropriations bill.
The Committee remains concerned with the Department's
budgeting for the agencies under its jurisdiction. Not only is
the Department consistently requesting too few resources,
resulting in cuts to critical programs, but it increasingly
relies on false revenues which require substantial changes to
current law in order to fund existing base programs. This
approach unnecessarily compromises the agent workforce and
jeopardizes agency missions.
The Committee is disappointed in the Department's inability
to secure funding for critical mission areas relative to other
Federal agencies. The Committee believes, with regard to
homeland security generally, and terrorism specifically, the
Department carries a significant share of the burden, but does
not receive from the administration resources commensurate with
its mission responsibilities. For example, the administration's
supplemental request of May 19, 2006, for $2,000,000,000 to
secure the Nation's border only provides the Department
$20,000,000, or 1 percent, of the total requested. However, the
Department is responsible for the adjudication, prosecution,
and detention of criminals and detainees that the proposed
1,000 new border agents place in the criminal justice system,
thus significantly increasing the workload of the Department.
The end result is that the Department must further sacrifice
its limited resources to respond to fiscal and manpower
pressures created by other Federal agencies at the expense of
its core mission.
The largest impact, both in terms of resources and
programs, is the proposed elimination of over $1,300,000,000 in
State and local law enforcement funding in fiscal year 2007. As
outlined at the Subcommittee's fiscal year 2007 budget hearing
on April 5, 2006, both the Federal Bureau of Investigations
Director and the Drug Enforcement Administrator testified that
the elimination of critical resources to State and local law
enforcement would negatively impact their ability to fight the
war on terror. This problem is further exacerbated by the
Department's request to rescind an additional $255,000,000 in
funds previously appropriated by the Congress to State and
local law enforcement.
The Committee views the continual proposed elimination of
these critical programs as misguided and irresponsible. State
and local law enforcement must have the resources necessary to
fight crime and assist the Federal Government in the Global War
on Terror. Repeated elimination of these important funds calls
into question the Department's commitment to remain the
Nation's premier law enforcement agency.
Language is not included to rescind balances from the Crime
Victims Fund, as requested by the administration.
The administration has acknowledged the necessity to build
more prisons; however, the request fails to include adequate
resources to do so. For the third consecutive year, the
Department proposed rescinding funds explicitly provided for
the construction of new prisons, contrary to its publicly
stated goal. The fiscal year 2007 proposed rescission of
$142,000,000 is in addition to the proposed rescission of
fiscal year 2006 funds of $314,000,000. Of further concern is
the recent disclosure to the Committee of over $130,000,000 in
cost overruns caused solely by the Department's continual delay
in awarding prison construction contracts. The Committee
reminds the Department that since fiscal year 2004, the
Congress has provided sufficient funding for these critical
construction projects. The cost escalations would not have
occurred if the Department commenced construction as planned,
proposed, and funded, as Congress intended.
Finally, under this title the Department has again proposed
a fee related to the Bureau of Alcohol, Tobacco, Firearms and
Explosives [ATF]. The fee, which is intended to increase the
tax on the explosives industry, has been proposed in previous
years and, again is not likely to be enacted by Congress. The
Committee is very concerned with the Department's intent to
fund existing, on-going salaries and expenses of on-board ATF
agents with a newly proposed fee. This proposal is
irresponsible for it would take 18 to 24 months before any
funds, much less the $120,000,000 needed to pay existing
salaries, would be generated and collected. These fees,
therefore, are not available to support current full-time
staff. The Committee understands that ATF would require an
additional $20,000,000 to hire the necessary revenue agents to
collect the fee; additional funds the Department did not
request. The Committee views the use of creative funding
mechanisms to be disingenuous at best. If the collection of
this tax were applied to the resources for the ``General
Administration'' account, the Committee believes that the
Department's support for this proposal would diminish.
The combined effect of these proposals contained in the
Justice Department's budget request has a budgetary impact on
the Committee in excess of $1,700,000,000. Considering the
Committee's strict budgetary constraints, combined with the
negative impacts of the administration's budget request, the
Committee's options are severely limited. As a result, the
Committee can only focus resources on the most mission-critical
programs and problems and unfortunately must defer new
initiatives and less critical programs to a later date.
Personnel Expenses.--Throughout this title, the Committee
recommends funding for personnel expenses, including the 2.2
percent pay raise proposed for fiscal year 2007, annualization
of the fiscal year 2006 pay raises and increases, and the
annualization of the fiscal year 2005 increases and positions,
unless otherwise provided below.
Proposed Fiscal Year 2006 Adjustments and Reductions.--The
Committee recommends all proposed decreases, base adjustments,
and offsets contained in the budget request, unless otherwise
provided below.
Budget Restructuring Proposals.--The Committee remains
concerned with the Department's repeated proposal to
consolidate existing decision-units. All accounts within the
DOJ, therefore, shall continue to use the fiscal year 2006
decision-units and account structures, unless otherwise
specified in prior years or in the following recommendation.
General Administration
SALARIES AND EXPENSES
Appropriations, 2006.................................... $122,866,000
Budget estimate, 2007................................... 115,505,000
House allowance......................................... 35,400,000
Committee recommendation................................ 41,126,000
The Committee recommendation provides $41,126,000. The
recommendation is $81,740,000 below the fiscal year 2006
enacted level and $74,379,000 below the budget request. Funding
for the Office of Intelligence Policy and Review is transferred
to the new National Security Division.
Given the Committee's extremely tight fiscal constraints,
it has focused its limited resources on only the most critical
of functions. As such, the Committee has denied any increases
in the ``General Administration'' account.
The ``General Administration'' account provides funding for
senior policy officials responsible for Departmental management
and policy development. The specific offices funded by this
account include: the immediate Office of the Attorney General;
the immediate Office of the Deputy Attorney General; the
immediate Office of the Associate Attorney General; Office of
Legal Policy; Office of Public Affairs; Office of Legislative
Affairs; Office of Professional Responsibility; Office of
Intergovernmental and Public Liaison; and the Justice
Management Division.
The following table compares the fiscal year 2006 enacted
level to the fiscal year 2007 budget estimate and the
Committee's recommendation for each office:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2007 budget Committee
2006 enacted estimate recommendation
----------------------------------------------------------------------------------------------------------------
Department Leadership:
Attorney General............................................ 5,023 5,260 5,260
Deputy Attorney General..................................... 4,960 5,194 5,194
Associate Attorney General.................................. 1,687 1,767 1,250
-----------------------------------------------
Subtotal.................................................. 11,670 12,221 11,704
===============================================
Intergovernmental Relations/External Affairs:
Public Affairs.............................................. 2,729 2,858 800
Legislative Affairs......................................... 3,436 3,598 800
Intergovernmental & Public Liasion.......................... 885 927 800
-----------------------------------------------
Subtotal.................................................. 7,050 7,383 2,400
===============================================
Executive Support/Professional Responsibility:
Legal Policy................................................ 5,349 5,601 5,349
Professional Responsibility................................... 5,540 5,801 4,204
-----------------------------------------------
Subtotal.................................................. 10,889 11,402 9,553
===============================================
Intelligence Policy and Review \1\.............................. 30,850 .............. ..............
Justice Management Division..................................... 62,407 68,647 44,996
-----------------------------------------------
Subtotal.................................................. 62,407 68,647 44,996
===============================================
Unspecified Reduction........................................... .............. .............. -31,527
National Drug Intelligence Center Transfer...................... .............. 15,852 ..............
Budget Modeling................................................. .............. .............. 4,000
===============================================
Total..................................................... 122,866 115,505 41,126
----------------------------------------------------------------------------------------------------------------
\1\ Transferred to the National Security Division.
The Committee recommendation withholds $30,000,000 from the
``General Administration'' account until the Attorney General
certifies to the Senate Committee on Appropriations that
appropriations provided for fiscal year 2007 prison
construction have been obligated and all related contracts
awarded as directed by the Committee.
Terrorist Explosives Device Analytical Center [TEDAC].--The
Committee remains concerned that the Department has not
undertaken an active leadership role in mediating disputes
between the Federal Bureau of Investigation and the Bureau of
Alcohol, Tobacco, Firearms and Explosives at the TEDAC. The
TEDAC is responsible for coordinating and managing a unified
national effort to gather and forensically exploit terrorist
improvised explosive devices to protect military men and women
deployed in Iraq and Afghanistan. The work done at the TEDAC is
too important to allow for any stove-piping. Therefore, the
Committee directs the Government Accountability Office [GAO] to
review and evaluate the TEDAC including: (1) the chain-of-
command structure; (2) cooperation between Federal agencies co-
located at the TEDAC; and (3) Department of Justice oversight
and leadership to the TEDAC.
Office of Legislative Affairs.--The Committee recommends
$800,000 for the Office of Legislative Affairs. Given the
extremely tight fiscal constraints, the Committee has reduced
funding for this office and has focused those resources on
supporting agents in the field. Should additional funding be
necessary to support these efforts, the Committee will consider
the use of existing resources consistent with section 505 of
this act.
National Drug Intelligence Center [NDIC].--The Committee
does not agree to provide $16,000,000 to the Department of
Justice for the NDIC; this center is outside of the
Subcommittee's jurisdiction.
Critical Infrastructure.--The Committee recommendation
provides $1,000,000 for the Department of Justice to study and
initiate critical information processing and storage of
information technology requirements. The Committee directs the
Department to evaluate security, collection methodologies,
validation, horizontal-integration, synchronization, and
processing capability. The Committee directs the Department to
ensure potential sites are a reasonable distance from any
existing Department of Justice [DOJ] backup or data storage
facilities to maintain adequate redundancy capability. This
report is due to the Committee no later than February 1, 2007.
Management and Law Enforcement Efficiency.--The Committee
tasks the Department with re-examining the roles of its
operational components to guarantee maximum effectiveness and
efficiency by prohibiting duplication of effort by agencies
under its jurisdiction in combating violent crime, and ensuring
that there is optimal coordination among DOJ components. The
priority for the Department of Justice shall remain the
prevention of terrorism and national security, and the
Committee directs the Department to ensure agencies responsible
for this priority are focused on this mission, and not
distracted by missions better handled by other components. The
Department shall provide a comprehensive report to the
Committee by no later than February 1, 2007, that streamlines
component activities, eliminates duplication of effort by
components, and suspends the squandering of scarce agency
resources.
Budget Models.--The Committee is concerned that the
Department has not adequately provided support for hiring the
necessary resources to meet its primary goal, the prevention of
terrorism. The Committee provides an additional $4,000,000 to
the Department's ``General Administration'' account to create
and maintain a budget model that will facilitate more efficient
resource allocation toward terrorism prevention activities.
Department of Justice Electronic Government [E-Gov] Fiscal
Year 2007 Request.--The Committee recommendation provides no
funding for E-Gov activities for fiscal year 2007. If the
Department determines that funds are necessary for these
efforts, the Committee will consider a reprogramming of
existing resources consistent with sections 505 and 516 of this
act. Future requests for funding for any E-Gov initiative to
the Senate Committee on Appropriations must include a detailed
cost-benefit analysis, along with business metrics that measure
the successful implementation and the savings to the Department
derived from its contribution to E-Gov. In addition, the
request must identify any information technology systems,
programs, or contracts that are being terminated in order to
migrate to an E-Gov initiative. All reprogramming requests must
demonstrate that the benefits from the transfer for an E-Gov
initiative are greater than the original purpose for which the
funds were appropriated. These requirements apply to future
budget submissions and reprogramming requests for the current
and future fiscal years. The Department of Justice Inspector
General shall (1) audit and review all E-Gov documentation,
including the assumptions contained in the cost-benefit
analysis; and (2) certify that the documentation validates the
outcomes of the E-Gov cost-benefit analysis.
Report on Centralized Services and Electronic Government
[E-Gov] Savings.--The Attorney General shall provide a report
to the Senate Committee on Appropriations, no later than 30
days after the date of enactment of this act, and quarterly
thereafter, on all administrative, E-Gov, and centralized
service charges, including Working Capital Fund [WCF] charges,
to all components of DOJ. The report shall include: (1) how
costs are derived; (2) the centralized services or E-Gov
activity paid for; (3) the actual savings realized due to a
centralized service or E-Gov implementation; (4) all data used
to compute the above savings; (5) a cost/benefit analysis of
the components' costs and the actual savings identified in the
Department's budget request; (6) how often the aforementioned
charges are administered; and (7) a breakout of all centralized
services contained in the ``General Administration'' account,
or any other account, as well as in each bureau's budget
request.
Departmental Offices.--The Committee has established
specific limitations for each individual program and policy
within the Departmental Offices. The accompanying bill includes
a provision authorizing a cumulative total of transfers of up
to 5 percent between each activity (Departmental Leadership;
Intergovernmental/External Affairs; Executive Support/
Professional Responsibility; and Justice Management Division)
and after 5 percent, the Department shall seek prior approval
from the House and Senate Committees on Appropriations.
Database Enterprise Rights Management Development
Project.--The Committee is very disappointed by recent breaches
in Federal data security systems that have put at risk personal
information contained on government computers and agency
databases. Lax security of personal information and lack of
appropriate protocols regarding use of agency data has exposed
countless individuals to identify theft and similar abuses of
personal information, undermined confidence in routine
interaction with Federal agencies, and added significant costs
for measures like credit monitoring that must be taken
immediately after the release of private data. Current
information security technology like firewalls offers virtually
no protection against the malicious or inadvertent release of
personal or sensitive information by those with authority to
access and use the data. Therefore, the Committee directs the
Department to develop and utilize an enterprise rights
management [ERM] system to safeguard sensitive documents stored
in or generated by Federal agencies' database systems. The
Committee believes that ERM is a promising new technology for
securing data that enables custodians of the data to assign
utilization rights to data files that automatically allow or
restrict how users can access, download, edit, copy, print, and
forward them. In addition to the advantages of affirmatively
controlling information access and usage, ERM allows systems
administrators to audit user activity. The Committee further
directs the Chief Information Officer of the Department of
Justice to submit a report to the Senate Appropriations
Committee no later than February 1, 2007, that provides in
detail: 1) a plan for secure endpoint integrity, access
management, and data controls; and 2) a schedule for deploying
ERM.
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
Appropriations, 2006....................................................
Budget Estimate, 2007................................... $66,970,000
House allowance......................................... 66,970,000
Committee recommendation................................ 64,866,000
The Committee recommendation provides $64,866,000. The
recommendation is $2,104,000 below the budget request.
The newly created National Security Division [NSD]
coordinates the Department's national security and terrorism
missions through law enforcement investigations and
prosecutions. The creation of the NSD consolidates the Office
of Intelligence Policy and Review [OIPR] and the Criminal
Division's [CRM] Counterterrorism and Counterespionage
sections.
Office of the Assistant Attorney General and Executive
Office.--The Committee recommendation provides $7,846,000 for
the Office of the Assistant Attorney General and Executive
Office. However, the Committee's recommendation does not
provide funding for positions duplicating tasks that should be
performed by existing support personnel within the Department.
National Security Investigations.--The Committee
recommendation provides an increase of $7,428,000 for increased
intelligence workloads and oversight of the intelligence
community. This increase will support the NSD's efforts to keep
pace with Foreign Intelligence Surveillance Act [FISA] workload
requirements.
Proliferation Security Initiative.--The Committee
recommendation provides an increase of $1,052,000 to
investigate, prosecute, and prevent espionage and illegal
procurement of proliferation technologies.
Counterterrorism Investigations Coordination.--The
Committee recommendation provides an increase of $801,000 for
coordination of counterterrorism investigations. Coordination
of these activities by the division ensures the Department of
Justice is monitoring all facets of terrorist organizations
including weapons of mass destruction, terrorist financing, and
international and domestic terror planning.
Office of Intelligence Policy and Review [OIPR].--The
Committee recommendation provides $41,541,000 for OIPR. The
workload of the OIPR has increased significantly since
September 11, 2001, particularly in terms of the number of FISA
applications the office must prepare and process. The FISA is
used by the Government as a tool to obtain intelligence for
fighting terrorism and countering espionage activities directed
against the United States by foreign powers and agents of
foreign powers.
JUSTICE INFORMATION SHARING TECHNOLOGY
Appropriations, 2006.................................... $123,404,000
Budget estimate, 2007................................... 175,007,000
House allowance......................................... 125,000,000
Committee recommendation................................ 100,000,000
The Committee recommendation provides $100,000,000. The
recommendation is $23,404,000 below the fiscal year 2006
enacted level and $75,007,000 below the budget request.
The Justice Information Sharing Technology [JIST] account
provides increased control to the Department Chief Information
Officer [DCIO] to ensure that investments in information
technology [IT] are well planned and aligned with the
Department's overall IT strategy and enterprise architecture.
JIST helps ensure that all DOJ components build systems that
are interoperable with shared components and not stove-piped
systems that become obsolete once operational. The Committee is
supportive of IT enhancements and the creation of systems that
work across agencies and Departments.
Public Law 109-272 directed the Department to create an
Information Technology Governance Board in the hope that senior
leadership would provide much needed oversight to correct past
information technology failures at the Department. The Board
was directed to oversee the early development stages of major
information technology acquisitions and report within 90 days
of enactment to the House and Senate Committees on
Appropriations on a plan to reorganize information technology
acquisitions and establish strict guidelines which would govern
the Department's future information technology investments.
While the Committee continues to support the work of the
DCIO, senior leadership has not provided the support necessary
to develop a comprehensive information technology oversight
plan to sufficiently oversee the hundreds of ongoing
information technology investments at the Department.
The OIG has notified the Committee that the individual
component financial accounting systems lack cost data on IT
investments making it virtually impossible to audit the cost of
the systems being developed or maintained. The Committee is
disappointed in the Department's lack of sufficient financial
controls and oversight in this area. The Committee has
appropriated approximately $4,000,000,000 worth of IT project
costs for the Department of Justice since fiscal year 2005. The
OIG found that of the Department's major IT investments, there
is virtually no independent verification or validation
mechanism or financial accounting at the component or
Department-level. If the Department cannot assess its IT
investments, the Committee questions the ability of the
Department to verify any actual costs for any individual
system. If this trend continues, the Committee will
increasingly direct funding to higher priority missions that
produce measurable results for the dollars spent.
The Committee was hopeful that the Department would use the
creation of the Board as an opportunity to control its future
investments but, to date, that has not occurred. The Department
failed to submit this mandated report. Therefore, the Committee
cannot support IT programs lacking project performance metrics
that measure compliance with each individual program's cost,
scope, schedule and quality. As a result, the Committee has
reduced funding for this account and hopes that the Department
will begin to take responsibility for the investments of IT
dollars under its control.
Information Technology Governance Board.--Given the
Department's recent high profile information technology
failures and the large amount of resources devoted to these
programs, the Committee directs the Department's Investment
Review Board, headed by the Deputy Attorney General, to oversee
the development of all critical IT infrastructure acquisitions
and improvements. The Investment Review Board shall: (1) review
the completeness of the initial business case and cost
justification which defines the success criteria for the
project (success criteria is defined as the scope, cost,
schedule, and quality); (2) ensure the creation of project
performance metrics to measure compliance with the success
criteria at project milestones; (3) oversee and approve the
creation of system architectures; (4) oversee the completeness
of the specifications; (5) ensure the creation of meaningful
operations metrics for performance, security and reliability.
The Department shall, within 90 days of enactment of this
act, submit to the Senate Committee on Appropriations a plan
that includes a listing of IT projects the Board will review in
this fiscal year, all projects reviewed in fiscal year 2006,
the outcome of the 2006 reviews and any corrective actions
taken by the Board.
NARROWBAND COMMUNICATIONS/INTEGRATED WIRELESS NETWORK
Appropriations, 2006.................................... $88,851,000
Budget estimate, 2007................................... 89,217,000
House allowance......................................... 89,000,000
Committee recommendation................................ 75,000,000
The Committee recommendation provides $75,000,000. The
recommendation is $13,851,000 below the fiscal year 2006
enacted level and $14,217,000 below the budget request.
This account centrally funds development, acquisition,
deployment, operation and maintenance of the Justice
Department's narrowband wireless communications network.
However, should additional funding be necessary for this
effort, the Committee will consider a reprogramming of existing
resources, consistent with section 505 of this act.
These funds provide for the conversion to narrowband
communications, including the cost for operation and
maintenance of land mobile radio legacy systems. Federal
Government agencies are required to convert to narrowband
operations which provide a more technologically advanced and
efficient use of radio spectrum. The Committee is concerned
about the lagging progress as well as the recurring costs of
the conversion. The Committee also understands aging
infrastructure has been an impediment in the implementation of
narrowband.
This account also funds the Integrated Wireless Network
[IWN]. The IWN will address communications shortcomings in key
strategic locations, such as along the northern and southern
land borders, and in cities that are potential targets for
terrorism. Resources will support Justice components' existing
land mobile radio systems; support IWN operations and
maintenance requirements; invest in new narrowband
infrastructure and subscriber equipment; promote communications
interoperability by Federal law enforcement and homeland
security personnel; and support management and operating
requirements.
ADMINISTRATIVE REVIEW AND APPEALS
Appropriations, 2006.................................... $212,930,000
Supplemental appropriations, 2006....................... 9,000,000
Budget estimate, 2007................................... 229,212,000
House allowance......................................... 229,152,000
Committee recommendation................................ 229,212,000
The Committee recommendation provides $229,212,000. The
recommendation is $16,282,000 above the fiscal year 2006
enacted level and the same as the budget request.
The Executive Office for Immigration Review includes the
Board of Immigration Appeals, immigration judges, and
administrative law judges who decide through administrative
hearings whether to admit or exclude aliens seeking to enter
the country, and whether to deport or adjust the status of
aliens whose status has been challenged. This account also
funds the Office of the Pardon Attorney which receives,
investigates, and considers petitions for all forms of
executive clemency.
Executive Office of Immigration Review [EOIR].--The
Committee recommendation provides an increase of $8,757,000
over the fiscal year 2006 level for the adjudication of
increased immigration caseload. This enhancement will allow
EOIR to begin to process the additional immigration court
workload presented by the Department of Homeland Security's
immigration enforcement activities.
DETENTION TRUSTEE
Appropriations, 2006.................................... $1,161,967,000
Budget estimate, 2007................................... 1,332,326,000
House allowance......................................... 1,331,026,000
Committee recommendation................................ 1,279,158,000
The Committee recommendation provides $1,279,158,000. The
recommendation is $117,191,000 above the fiscal year 2006
enacted level and $53,168,000 above the budget request.
The Office of the Federal Detention Trustee account
provides oversight of detention management, and improvement and
coordination of detention activities to ensure that Federal
agencies involved in detention provide for the safe, secure,
and humane confinement of persons in the custody of the United
States.
The Committee is concerned about the Department's ability
to anticipate the true funding needs for this account and
directs the Detention Trustee to continue efforts to improve
its current formulas. The Committee will consider the use of
existing resources should additional funding be required,
subject to section 505 of this act.
The Committee directs the Detention Trustee to report to
the Committee on a quarterly basis the number of individuals in
the detention trustee system, the projected number of
individuals, and the annualized costs that are associated with
them.
Efficiency.--The Committee reiterates its position that any
construction, planning, supporting, or contracting of new
detention facilities is not an allowable use of funds provided
under this account and directs the Detention Trustee to
withdraw any solicitations for such activities.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2006.................................... $67,922,000
Budget estimate, 2007................................... 70,558,000
House allowance......................................... 70,558,000
Committee recommendation................................ 70,558,000
The Committee recommendation provides $70,558,000. The
recommendation is $2,636,000 above the fiscal year 2006 enacted
level and the same as the budget request.
This account finances the activities of the Office of
Inspector General [OIG] including audits, inspections,
investigations and other reviews of programs and operations of
the Department of Justice to promote economy, efficiency, and
effectiveness and to prevent and detect fraud, waste, and
abuse, as well as violations of ethical standards arising from
the conduct of Department employees in their numerous and
diverse activities.
United States Parole Commission
salaries and expenses
Appropriations, 2006.................................... $10,859,000
Budget estimate, 2007................................... 11,951,000
House allowance......................................... 11,500,000
Committee recommendation................................ 11,500,000
The Committee recommendation provides $11,500,000. The
recommendation is $641,000 above the fiscal year 2006 enacted
level and $451,000 below the budget request.
The Commission is an independent body within the Department
of Justice which makes decisions regarding requests for parole
and supervision of Federal prisoners.
Legal Activities
GENERAL LEGAL ACTIVITIES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2006.................................... $653,505,000
Supplemental appropriations, 2006....................... 11,000,000
Budget estimate, 2007................................... 684,324,000
House allowance......................................... 668,739,000
Committee recommendation................................ 654,324,000
The Committee recommendation provides $654,324,000. The
recommendation is $819,000 above the fiscal year 2006 enacted
level and $30,000,000 below the budget request.
This appropriation funds the establishment of litigation
policy, conduct of litigation, and various other legal
responsibilities, through the Office of the Solicitor General,
the Tax Division, the Criminal Division, the Civil Division,
the Environmental and Natural Resources Division, the Civil
Rights Division, the Office of Legal Counsel, and Interpol.
Operation Follow-Through.--The Committee recommendation
provides $2,000,000 above the fiscal year 2006 enacted level
for tax law enforcement activities. Operation Follow-Through
expands Department enforcement efforts through a heightened
focus on tax kingpins, scam artists, and unscrupulous
accountants, lawyers and tax preparers who promote or enable
illegal tax avoidance.
Intellectual Property Crime Initiative.--The Committee
recommendation provides $218,000 above the fiscal year 2006
enacted level to combat international and domestic intellectual
property crimes.
Office of Immigration Litigation.--The Committee
recommendation provides an increase of $9,566,000 above the
fiscal year 2006 enacted level for the Department's exponential
growth in alien removal decisions. The Committee notes that the
heightened immigration enforcement activities pursued by the
Department of Homeland Security [DHS] directly impacts the
personnel and resources of the Justice Department. The
Committee remains concerned DOJ is not requesting enough
resources to keep litigation costs on pace with DHS enforcement
activities.
Child Exploitation/Obscenities Program.--The Committee
recommendation provides an increase of $500,000 above the
fiscal year 2006 enacted level for the United States National
Central Bureau to support criminal intelligence and
investigative leads to rescue children from sexual abuse and
prosecute obscenity cases. Funding for this program also
coordinates law enforcement to dismantle international websites
that contain images of child pornography.
Unspecified Reduction.--Given the Department's attempts
during fiscal year 2005 to significantly reduce this component
and the large numbers of vacancies the Committee has proposed a
reduction of $30,435,000 and has reallocated those savings to
agents in the field.
The Committee recommendations, by Division, are displayed
in the following table:
LEGAL DIVISIONS
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Office of the Solicitor General......................... $9,977
Tax Division............................................ 87,691
Criminal Division....................................... 137,061
Civil Division.......................................... 213,286
Environment and Natural Resources Division.............. 95,051
Office of Legal Counsel................................. 6,278
Civil Rights Division................................... 113,583
Interpol USNCB.......................................... 21,247
Office of Dispute Resolution............................ 586
Unspecified Reduction............................... -30,435
---------------
Total............................................. 654,325
------------------------------------------------------------------------
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
Appropriations, 2006.................................... $6,252,000
Budget estimate, 2007................................... 6,333,000
House allowance......................................... 6,292,000
Committee recommendation................................ 6,333,000
The Committee recommendation provides a reimbursement of
$6,333,000 for legal costs. The recommendation is $81,000 above
the fiscal year 2006 enacted level and the same as the budget
request.
This account covers Justice Department expenses associated
with litigating cases under the National Childhood Vaccine
Injury Act of 1986 (Public Law 99-660).
ANTITRUST DIVISION
SALARIES AND EXPENSES
Appropriations, 2006.................................... $144,088,000
Budget estimate, 2007................................... 147,742,000
House allowance......................................... 145,915,000
Committee recommendation................................ 147,742,000
The Committee recommendation provides $147,742,000. The
recommendation is $3,654,000 above the fiscal year 2006 enacted
level and the same as the budget request.
The Antitrust Division investigates potential violations of
Federal antitrust laws, represents the interests of the United
States in cases brought under these laws, acts on antitrust
cases before the Supreme Court, and reviews decisions of
regulatory commissions relating to antitrust law.
UNITED STATES ATTORNEYS
SALARIES AND EXPENSES
Appropriations, 2006.................................... $1,579,565,000
Supplemental appropriations, 2006....................... 20,000,000
Budget estimate, 2007................................... 1,664,400,000
House allowance......................................... 1,664,400,000
Committee recommendation................................ 1,646,195,000
The Committee recommendation provides $1,646,195,000. The
recommendation is $66,630,000 above the fiscal year 2006
enacted level and $18,205,000 below the budget request.
This account supports the Executive Office for U.S.
Attorneys and the 94 U.S. Attorneys headquarters offices
throughout the United States and its territories. The U.S.
Attorneys [USAs] serve as the principal litigators for the U.S.
Government for criminal and civil matters. As in past years,
the Committee directs the U.S. Attorneys to focus their efforts
on those crimes where the unique resources, expertise, or
jurisdiction of the Federal Government can be most effective.
The Committee expects that the resources provided be directed
to the highest priorities of the USAs.
Project SeaHawk.--The Committee commends the United States
Attorney's Office in the District of South Carolina with
respect to its pilot project, Project SeaHawk, which has
demonstrated many valuable lessons the United States Coast
Guard should consider for continuation in the Port of
Charleston and for replication in other ports. Project SeaHawk
was created prior to the standup of the Department of Homeland
Security [DHS]. Since that time DHS, State and local
governments, and the private sector have invested billions to
strengthen port security. The Committee encourages the Coast
Guard to include funding for Project Seahawk within its annual
budget request. The Committee also expects the United States
Attorney to continue in a leadership role in partnership with
the Coast Guard to ensure that all of the relevant law
enforcement agencies continue to work collectively to keep the
Port of Charleston safe.
Cybercrime and Intellectual Property Enforcement.--The
Committee remains concerned that 25 percent of the software
produced in the United States has been copied illegally in
violation of U.S. copyright laws. The estimate of lost revenue
to copyright industries exceeds $30,000,000,000 annually. The
Committee directs the U.S. Attorneys to report to the
Committees on Appropriations by February 1, 2007, on the
number, type, and location of copyright prosecutions undertaken
in the preceding year, including those under Public Law 105-
147.
The Committee recommendation provides $5,000,000 to
prosecute interstate and international child sexual
exploitation cases. These additional resources will allow the
United States Attorneys to prosecute criminals that travel
across interstate lines to engage in sex with children
utilizing the Internet and other electronic means.
UNITED STATES TRUSTEE SYSTEM FUND
Appropriations, 2006.................................... $211,664,000
Budget estimate, 2007................................... 236,116,000
House allowance......................................... 223,447,000
Committee recommendation................................ 234,000,000
The Committee recommendation provides $234,000,000. The
recommendation is $22,336,000 above the fiscal year 2006
enacted level and $2,116,000 below the budget request.
The United States Trustee Program, authorized by 28 U.S.C.
581 et. seq., is the component of the Justice Department with
responsibility for protecting the integrity of the bankruptcy
system by overseeing case administration and litigation to
enforce the bankruptcy laws. In fiscal year 2006, the U.S.
Trustee Program will participate in an estimated 1.5 million
business and consumer bankruptcy case filings. To carry out its
duties in these cases under the Bankruptcy Code (title 11) and
title 28 of the U.S.C., the U.S. Trustee Program is organized
into three levels: the Executive Office for United States
Trustees in Washington, DC; United States Trustees in 21
regions whose geographic jurisdiction is established by
statute; and 95 field offices, which cover 150 court sites and
280 other administrative hearing locations.
The Committee continues to support the use of data-enabled
forms, or ``smart forms'' for filing bankruptcy petitions and
schedules. The data-enabled technology was developed jointly by
the United States Trustee Program and the Administrative Office
of the Courts [AOUSC]. The Committee supports the mandatory use
of smart forms to further improve efficiencies in the
bankruptcy system.
FOREIGN CLAIMS SETTLEMENT COMMISSION
SALARIES AND EXPENSES
Appropriations, 2006.................................... $1,303,000
Budget estimate, 2007................................... 1,559,000
House allowance......................................... 1,431,000
Committee recommendation................................ 1,431,000
The Committee recommendation provides $1,431,000. The
recommendation is $128,000 above the fiscal year 2006 enacted
level and $128,000 below the budget request. The recommendation
fully provides for the adjudication of claims against: Germany
relating to World War II; Cuba relating to the Castro regime;
and Iraq relating to the U.S.S. Stark incident and Desert
Shield/Storm.
The Foreign Claims Settlement Commission settles claims of
American citizens arising from nationalization, expropriation,
or other takings of their properties and interests by foreign
governments.
United States Marshals Service
salaries and expenses
Appropriations, 2006.................................... $782,903,000
Supplemental appropriations, 2006....................... 10,000,000
Budget estimate, 2007................................... 824,642,000
House allowance......................................... 825,924,000
Committee recommendation................................ 844,761,000
The Committee recommendation provides $844,761,000. The
recommendation is $61,858,000 above the fiscal year 2006
enacted level, and $20,119,000 above the fiscal year 2007
budget request. The recommendation includes an increase of
$20,970,000 as an adjustment to the base funding level to
support the United States Marshals Service's [USMS] current
operating budget.
The core missions of the USMS include the apprehension of
fugitives, protection of the Federal judiciary, protection of
witnesses, execution of warrants and court orders, and the
custody and transportation of accused and unsentenced
prisoners.
Protection of the Judicial Process.--The Committee
recommends an appropriation of $470,643,000 for the protection
of the judicial process. The recommendation is $41,099,000
above the fiscal year 2006 funding level and identical to the
budget request. This funding level includes a program increase
of $4,612,000 to provide additional deputy marshals for
judicial security. Within the amount recommended are the
requested adjustments to base programs for the Office of
Protective Intelligence to perform timely judicial threat
analysis, as well as funds for home intrusion detection systems
for round-the-clock protection of Federal judges.
Information Technology.--The Committee's recommendation
provides $7,173,000 to strengthen information technology
infrastructure including ($3,900,000) to develop the Justice
Detainee Information System, improve and maintain the Warrant
Information Network and Prisoner Tracking System, and share
information between USMS offices and other law enforcement
agencies.
Information Technology Expansion.--The Committee supports
collaborative efforts between public and private entities to
enhance fugitive investigations, apprehensions, judicial threat
awareness and preparedness. These collaborative efforts should
focus on the collection and analysis of photographic databases
including oral and written threats against judicial officials.
Audited Financial Statements.--The Committee recommendation
provides $1,834,000 to improve financial oversight. This
enhancement will assist with delivery of accurate and reliable
financial statements.
Regional Fugitive Task Forces.--The Committee
recommendation provides $29,406,000 for Regional Fugitive Task
Forces to include $13,159,000 for payroll expenses, $11,247,000
for the day-to-day operating expenses for the five regional
task forces and $5,000,000 for the Gulf Coast Regional Fugitive
Task.
Technical Operations Group.--The Committee recommendation
provides $19,211,000 for the Technical Operations Group to
include $9,211,000 for payroll expenses and $10,000,000 for the
day-to-day operating expenses.
Personnel Designations.--The USMS is directed to submit a
report to the Committee no later than February 1, 2007, that
assesses the training, personnel classifications, and career
paths of its operational employees.
Sexual Offender Apprehension.--The Committee recommendation
provides $6,000,000 for the USMS to place additional personnel
in States with the highest levels of unregistered sex
offenders, and fugitives wanted for other violent offenses. The
Committee directs the USMS to work closely with the National
Center for Missing and Exploited Children [NCMEC] and State and
local agencies to focus on the ``worst of the worst'' sex
offenders especially those involved with crimes against
children. The Committee applauds the USMS for its leadership
during Operation FALCON II, which led to the arrest of over
9,000 violent fugitives, 1,102 of which were violent sexual
offenders.
Sexual Offender Tracking.--The Committee recommendation
provides $500,000 to establish a reimbursable agreement with
the NCMEC to hire and co-locate a core group of personnel to
assist with identification and data analysis to investigate,
identify, and locate noncompliant sexual offenders. The
Committee notes that sexual predators are actively crossing
interstate lines pursuing children for sexual exploitation.
Today, there are more than 563,000 registered sex offenders on
State registries. However, at least 100,000 of those sexual
offenders are non-compliant, many literally missing.
Sexual Offender Investigation Technology.--The Committee
recommendation provides $10,000,000 for acquisition and
implementation of advanced sexual offender search technology
throughout the USMS. The advanced sexual offender search
technology shall be managed by the USMS and made available to
State and local law enforcement agencies designated by the
Department in consultation with the NCMEC.
Fugitive Safe Surrender.--The Committee recommendation
provides $1,405,000 to expand the Fugitive Safe Surrender
program to additional cities. This program encourages
individuals wanted for felony crimes to voluntarily surrender
in faith-based settings. In fiscal year 2006, this program
netted 850 fugitives, including 350 fugitive felons.
Courthouse Security Equipment.--This subaccount funds
security equipment, telephone systems, and cabling. The
Committee recommendation provides $12,079,000 for courthouse
security equipment. Each year hereafter, not less than this
level of funding shall recur for courthouse security equipment
and Central Courthouse Management Group positions. The
Committee continues bill language requiring out-year budget
estimates for courthouse security equipment be submitted by the
Attorney General for each year hereafter as part of the annual
budget submission process for all courthouse security equipment
needs.
The recommendation will outfit courthouses in the following
locations:
USMS COURTHOUSE SECURITY EQUIPMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Detainee Facilities:
Birmingham, Alabama................................. 655
San Jose, California................................ 65
Atlanta, Georgia.................................... 344
Baltimore, Maryland................................. 372
Natchez, Mississippi................................ 75
Jackson, Mississippi................................ 875
Great Falls, Montana................................ 150
Midland, Texas...................................... 100
---------------
Subtotal, Detainee Facilities..................... 2,636
---------------
Nationwide Security Maintenance......................... 4,800
Nationwide Security Repair.............................. 800
Nationwide Security Engineering Services................ 700
Occupational Health and Safety.......................... 1,337
Information Classified Security Program................. 806
Detention Locks and Hardware Maintenance................ 1,000
---------------
TOTAL, USMS Security Equipment.................... 12,079
------------------------------------------------------------------------
The Committee expects to be consulted prior to any
deviation from the above table.
CONSTRUCTION
Appropriations, 2006.................................... $8,769,000
Budget estimate, 2007................................... 1,282,000
House allowance.........................................................
Committee recommendation................................ 11,282,000
The Committee recommendation provides $11,282,000. The
recommendation is $2,513,000 above the fiscal year 2006 enacted
level and $10,000,000 above the budget request.
The recommendation provides funding for construction in
space controlled, occupied, or utilized by the USMS in United
States courthouses and Federal buildings, including but not
limited to the creation, renovation, and expansion of prisoner
movement areas, elevators, sallyports, staff offices, and other
law enforcement and court security support space. As in prior
years, the Committee's intent is to provide for all
construction activity to support the mission of the USMS in
protection of the Federal judiciary and other law enforcement
activities. The Committee understands that, due to the inherent
nature of construction, delays may occur in the construction
schedule. As in the past, funds may be directed to other
locations as needed. The USMS is directed to notify the
Committee of such delays and of any plans to redirect such
funds prior to the expenditure of those funds in accordance
with section 505 of this act.
The Committee has included bill language requiring that
out-year budget estimates for construction projects be
submitted by the Attorney General for each year hereafter as
part of the annual budget justification materials for each
courthouse construction, relocation, and furniture needs.
The Committee is intent on remedying courthouse
deficiencies overlooked for years before a tragedy occurs. The
Committee recommendations, by project, are displayed in the
following table:
USMS CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Construction:
Birmingham, Alabama................................. 500
San Jose, California................................ 493
Atlanta, Georgia.................................... 300
Baton Rouge, Louisiana.............................. 475
Baltimore, Maryland................................. 1,500
Great Falls, Montana................................ 2,200
Philadelphia, Pennsylvania.......................... 1,175
Sioux Falls, South Dakota........................... 575
Midland, Texas...................................... 1,500
---------------
Subtotal, Construction............................ 8,718
---------------
Architectural and Engineering Services.................. 965
Minor repair construction............................... 317
Request level........................................... 1,282
---------------
Total, USMS Construction.......................... 11,282
------------------------------------------------------------------------
The Committee considers this recommendation an important
step in reducing the backlog of critical security-related
projects. As with courthouse security equipment, the Committee
expects to be consulted prior to any deviation from the above
table in accordance with section 505.
FEES AND EXPENSES OF WITNESSES
Appropriations, 2006.................................... $168,000,000
Budget estimate, 2007................................... 171,000,000
House allowance......................................... 171,000,000
Committee recommendation................................ 171,000,000
The Committee recommendation provides $171,000,000. The
recommendation is $3,000,000 above the fiscal year 2006 enacted
level and the same as the budget request.
This account provides for fees and expenses of witnesses
who appear on behalf of the Government in cases in which the
United States is a party, including fact and expert witnesses.
These funds are also used for mental competency examinations as
well as witness and informant protection.
COMMUNITY RELATIONS SERVICE
SALARIES AND EXPENSES
Appropriations, 2006.................................... $9,536,000
Budget estimate, 2007................................... 10,229,000
House allowance......................................... 9,882,000
Committee recommendation................................ 9,536,000
The Committee recommendation provides $9,536,000. The
recommendation is the same as the fiscal year 2006 enacted
level and $693,000 below the budget request.
The Community Relations Service provides assistance to
communities and persons in the prevention and resolution of
disagreements relating to perceived discriminatory practices.
The Attorney General may submit a reprogramming to the
Committee for additional funding for conflict resolution and
violence prevention activities of the Community Relations
Service in accordance with reprogramming guidelines contained
within this act.
ASSETS FORFEITURE FUND
Appropriations, 2006.................................... $21,194,000
Budget estimate, 2007................................... 21,211,000
House allowance......................................... 21,202,000
Committee recommendation................................ 21,202,000
The Committee recommendation provides $21,202,000. The
recommendation is $8,000 above the fiscal year 2006 enacted
level and $9,000 below the budget request.
This account provides funds to supplement existing
resources to cover additional investigative expenses of the
Federal Bureau of Investigation, Drug Enforcement
Administration, and U.S. Marshals Service, such as awards for
information, purchase of evidence, equipping of conveyances,
and investigative expenses leading to seizure. Funds for these
activities are provided from receipts deposited in the Assets
Forfeiture Fund resulting from the seizure and liquidation of
assets. Expenses related to the management and disposal of
assets are also provided from the Assets Forfeiture Fund by a
permanent indefinite appropriation.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
Appropriations, 2006.................................... $483,189,000
Budget estimate, 2007................................... 706,051,000
House allowance......................................... 498,457,000
Committee recommendation................................ 388,000,000
The Committee recommendation provides $388,000,000. The
recommendation is $95,189,000 below the fiscal year 2006
enacted level and $318,051,000 below the budget request.
The Committee recommendation places the entire OCDETF
program, including the Drug Fusion Center, within DEA. Placing
the OCDETF program within DEA will ensure greater coordination,
reduce the unnecessary bureaucracy, and streamline management
of drug enforcement investigations. Further, the Committee
directs the personnel of the Executive Office for OCDETF to
report to the Administrator of the DEA, or their designee.
The Committee believes that given the Department's lack of
success in securing funding for its most critical programs, it
can ill afford to continue to fund two agencies with similar
missions. If OCDETF is a success for the contributing agencies,
the agencies can direct funding to that mission, but if
terrorism is the primary responsibility then agencies should
have the financial flexibility to address those priorities.
Given the global war on terrorism agencies should not need
incentives to work together. The Drug Enforcement
Administration is the premier drug agency in the world and the
Committee is at a loss why there is a need to support two
bureaucracies. The Committee can no longer afford this
duplication of effort.
The Committee expects that the efficiencies created by
merging these two organizations should easily generate the
savings necessary to cover any shortfall. The recommendation
does not provide funding for the Department of Homeland
Security or the Department of The Treasury to participate in
the OCDETF program, as those resources ($100,223,000) were
provided directly to those agencies in their budget requests.
While the Committee supports the High Intensity Drug
Trafficking Areas [HIDTA] program, the recommendation does not
transfer the HIDTA program to the OCDETF account as proposed in
the budget request. Further, absent a change in the
authorization of the HIDTA program the Committee will continue
to deny such significant shifts between programs.
The Committee denies all programmatic increases and denies
all requests to transfer funds from other law enforcement
operations. The reality of scarce resources requires the
Committee to allocate those resources to the highest priority
threats. The leaders of the OCDETF partner agencies should have
the flexibility to determine how to meet their critical mission
requirements. Should partner agencies determine that their
OCDETF related activities are a high enough priority, the
Committee encourages those agencies to reallocate resources
accordingly.
Federal Bureau of Investigation
SALARIES AND EXPENSES
Appropriations, 2006 \1\................................ $5,655,569,000
Supplemental appropriations, 2006....................... 130,700,000
Budget estimate, 2007................................... 5,988,658,000
House allowance......................................... 5,962,928,000
Committee recommendation................................ 5,854,219,000
\1\ Excludes $25,000,000 rescission pursuant to Public Law 109-108.
The Committee recommendation provides $5,854,219,000. The
recommendation is $198,650,000 above the fiscal year 2006
enacted level and $134,439,000 below the fiscal year 2007
budget request.
The recommendation includes an increase of $55,954,000 for
adjustments to base to support the FBI's current operating
level as well as the proposed cost-savings initiatives and
offsets.
FBI Investigative Realignment of Field Agents.--The number
of field agents used to address terror threats to the United
States has consistently exceeded funded levels--even after
allowing for the FBI's previous redirection of criminal
investigative agents and the hiring of new counterterrorism
agents authorized by Congress. The Committee believes FBI
management should now take the next step of aligning its
``budget'' workforce with its actual workforce use. The
Committee has repeatedly encouraged the FBI to permanently
realign its agent workforce to more accurately reflect current
usage among investigative programs; instead, the FBI has
elected to submit a series of annual after the fact
``technical'' reprogramming notifications. The administration
appears to be showing signs of impatience with the FBI for
failing to further align its workforce and proposes to shift
300 field criminal agents to counterterrorism for fiscal year
2007. Even if this action were adopted, it would fail to align
the FBI's budget with current use by the field. Accordingly,
the Committee mark reflects the reallocation of an additional
100 field agents, plus associated support personnel, from
criminal investigative programs to counterterrorism. The
Committee emphasizes that this action would not cause the
actual reassignment of any criminal agents from their current
cases; rather, this action makes permanent a shift in FBI agent
use that has continued since 2001 and which has been the
subject of annual reprogramming notifications. The Committee
does not understand the reluctance of FBI management to
initiate this realignment, nor does it understand how the FBI
can effectively allocate its field agent resources given this
imbalance. Further, the failure of the FBI to properly align
its workforce makes it difficult for the Committee to assess
whether there is a need for any further increases in any other
field investigative programs.
Intelligence Requirements.--The FBI's role in the
Intelligence Community is directly impacted by the priorities
and guidance established by the Director of National
Intelligence [DNI] and the National Intelligence Programs. To
support the FBI's intelligence requirements, the Committee
recommendation provides $15,078,000 in non-personnel funding to
upgrade the FBI's intelligence infrastructure and other
information technology systems. The recommendation also
provides $16,009,000 for intelligence operations and production
that will support the implementation of the human source
validation process to ensure and maintain contact with the
other elements of the intelligence community. The Committee
recommendation also includes $7,000,000 to expand the
capabilities of the Integrated Data Warehouse system to assist
intelligence analysts in bridging stovepiped databases within
the FBI.
Counterterrorism Response Capabilities.--The Committee
remains concerned terrorists continue efforts to obtain,
develop, and use chemical, biological, radiological, or nuclear
payloads against the United States. The Committee
recommendation provides $24,000,000 to improve the FBI's rapid
response to a confirmed or suspected Weapon of Mass
Destruction.
Counterintelligence Computer Enhancement.--Within available
funds, the Committee has provided $1,000,000 for the
development of a dual processor handheld computer system for
data mission.
Maritime Security and Preparedness.--Since September 11,
2001, the United States Coast Guard [USCG] has been given an
increased role in maritime terrorism prevention and response,
which has resulted in shared responsibilities between the USCG
and the FBI. A 1979 memorandum of understanding [MOU] between
the FBI and Coast Guard acknowledges the overlapping
jurisdiction between the two agencies in the maritime domain.
Based upon recent findings by the DOJ Inspector General (Audit
Report 06-26-06), it appears the 1979 memorandum may not
clearly delineate responsibilities between the FBI and USCG for
maritime terrorism-related issues. In addition, an interim
Maritime Operational Threat Response [MOTR] plan issued in
October 2005 failed to clarify the situation. The Committee
understands that a final version of the MOTR is under review by
the administration and is scheduled to be issued by the fall.
Based on the language of the final MOTR, the FBI shall report
to the Committee whether it intends to propose and enter into
an updated MOU with the USCG to better clarify the roles of the
FBI and the USCG in maritime security activities. The Committee
further directs the FBI to resolve potential role and incident
command conflicts in the event of a maritime terrorist incident
by running joint exercises with the USCG in high-risk seaports.
In addition, the FBI shall work with the USCG to initiate a
study to assess its database capability to incorporate USCG
reports on suspicious incidents in its databases and assess the
practicality of information sharing of maritime threats with
the USCG. The Committee directs that this report shall be
delivered to the Senate Committee on Appropriations no later
than February 1, 2007.
Multiyear Budgeting.--The Committee directs the FBI to
adopt in fiscal year 2008, for all of its programs, a multiyear
budget development and presentation approach consistent with
the process used by the DNI for developing the National
Intelligence Program. The DNI employs a multiyear budget
development approach that parallels the Department of Defense
Planning, Programming, Budgeting, and Execution [PPBE] process.
That approach instills a long-range outlook and discipline that
is lacking in the current 1-year budget approach used by the
FBI and Department of Justice. As the FBI is proposing more and
more major investment projects that have multiyear development
and delivery implications, it is important that the Committee
have a clear understanding of the out-year implications of
those proposals. Adoption of a multiyear budget development and
presentation approach will help the FBI synchronize its budget
and acquisition process with the DNI's budget development
process. While the Committee believes that this revised budget
model would greatly benefit the FBI, the Committee appreciates
the FBI's need to balance its intelligence mission without
jeopardizing its unique law enforcement characteristics that
make the agency a valuable member of the law enforcement
community.
FBI Financial and Staffing Plans.--The FBI has experienced
rapid growth in funding and staffing, as well as numerous
changes in organization and management structures. The influx
of this growth and change has greatly challenged and stressed
the hiring, staffing, training, planning, and fiscal management
capacities of the FBI. The Committee understands that
management decisions related to funding basic operations and
maintenance, technology, field operations, and personnel
compensation requirements have, in large part, prevented the
FBI from achieving agency workforce targets depicted in the
President's budget. The Committee believes it is necessary to
recast end-strength targets based on these decisions. The FBI
is directed to submit, no later than February 1, 2007, a fiscal
year 2007 financial operating plan that identifies, at a
minimum, funding and funded positions and full-time equivalent
positions [FTE] by major program, project, and activity for
each organizational element comprising each decision unit.
These funding and personnel levels shall be consistent with the
fiscal year 2007 enacted appropriation. The financial operating
plan shall include a hiring plan that will enable the FBI to
achieve the end-state position and FTE level adopted. The
funding levels and funded position and work year levels
established by this plan will establish base levels and serve
as the basis for reporting operating year adjustments,
reallocations, and reprogrammings, as required by section 505.
On a quarterly basis, the FBI is directed to brief the
Committee on the status of the operating plan and any planned
changes during the upcoming quarter needed to meet emerging
operational requirements.
Criminal Justice Information Services Division.--The
Committee recommendation provides $449,542,000 including fee
collections, for the Criminal Justice Information Services
Division [CJIS]. As in previous years, under no circumstances
is the FBI to divert funding collected through the CJIS user
fee for any purpose other than CJIS, its refreshment plan, or a
subsequent modernization plan for the current facility. The FBI
is directed to use $50,000,000 in excess CJIS user fee
collections to fully fund the Next Generation IAFIS project and
partially fund the Automated Biometric Identification System/
Integrated Automated Fingerprint Identification System [IDENT/
IAFIS] Interoperability project in fiscal year 2007, which will
improve the speed and accuracy of IDENT/IAFIS, expand the data
available in the system, and improve its latent print
capabilities.
Organized Retail Theft.--The Committee recommendation
provides not less than $4,100,000 for the FBI's Organized
Retail Theft initiatives. The Committee is concerned proceeds
from these illicit activities are being channeled to countries
and entities that support terrorism.
Intellectual Property Crime Enforcement.--The Committee
recommendation provides $6,000,000 for detection,
investigation, and prosecution of domestic and international
intellectual property crimes against the United States;
including the creation of an operational unit at FBI
headquarters of no less than 5 full-time, permanent agents,
dedicated solely to working with the Department of Justice's
Computer Crime and Intellectual Property Section on complex,
multi-district and international criminal intellectual property
cases. This increases by two, the number of agents assigned to
each of the Department of Justice's 18 Computer Hacking and
Intellectual Property [``CHIP''] Units, each of whom, shall be
dedicated solely to criminal intellectual property cases. The
agents appropriated for this section shall investigate and
support the criminal prosecution of the Federal intellectual
property laws, including title 17 United States Code, sections
506, and 1204; Title 18 United States Code, section 1831, 1832,
2318, 2319, 2319A, 2319B, and 2320. The FBI shall make similar
agent increases as additional CHIP Units are created.
Contingency Information Processing.--The Committee's
recommendation provides $1,000,000 for the FBI to study
critical information processing and storage of information
technology requirements. The Committee is aware of insufficient
critical backup capacity within the FBI. The Committee directs
the FBI to evaluate security, collection methodologies,
validation, horizontal-integration, synchronization, and
processing capability. The Committee directs the FBI to ensure
that potential sites are a reasonable distance away from any
existing Department of Justice data centers to maintain
adequate redundancy capabilities. The FBI is directed to
prioritize its review of systems by focusing first on those
critical programs that support National Intelligence
activities. The FBI is directed to provide a report on critical
infrastructure to the Committee by February 1, 2007.
Innocent Images National Initiative [IINI].--The Committee
recommendation provides $7,000,000 for the IINI. This amount
will substantially expand the number of agents investigating
Internet-related crimes against children by 31 agents and 21
support positions.
Child Exploitation and Missing Children Investigations.--
The Committee recommendation provides $7,000,000 to enhance the
capabilities of the Innocence Lost initiative through the
hiring of 31 agents and 21 support personnel to target
offenders who use and transport children for prostitution and
other crimes.
Forensic Scientists.--The Committee recommendation provides
$4,000,000 to hire additional forensic scientists and support
personnel at the new Regional Computer Forensic Laboratory to
improve the FBI's investigative staffing requirements for
crimes involving cyber crime, child exploitation, and terrorism
related cases.
Office of Inspector General Audit [OIG].--In fiscal year
2006, the Committee directed the OIG to audit Department and
bureau IT systems to: (1) identify research, plans, studies,
and evaluations the Department has produced concerning
information technology [IT] systems; and (2) analyze the depth
and scope of problems the Department has experienced in
formulating IT plans. The Committee is disappointed that this
audit is hampered because the FBI, which manages 15 of the
major systems, has only provided initial documentation for 3 of
the systems they manage. This lack of cooperation hinders the
Committee's ability to allocate scarce taxpayer dollars. To
remedy this situation, the Committee has included statutory
language that withholds obligation of $10,000,000 from the FBI
``Salaries and expenses'' account until the Attorney General
certifies to the Senate Committee on Appropriations that all
materials related to this audit have been provided to the OIG.
Special Technologies and Application Section [STAS].--This
Committee recognizes the unique technical capability the STAS
brings to the United States Intelligence Community [IC].
Without the groundbreaking advances the STAS has made,
significant intelligence advances and other IC elements
directly supporting the War on Terror would not have taken
place. As such, this Committee appropriates $8,000,000 to
enhance the contract engineering technical capabilities of the
STAS. The FBI is directed to report to this Committee by
February 1, 2007, on all reductions to STAS's base and
enhancement funding for the period fiscal year 2004-2006. The
report shall include a detailed accounting of any reductions
and an explanation of the redirection of these transferred
funds. All nonrecurrals, reprogrammings, transfer, or other
reduction in STAS funding shall comply with section 505 of this
act.
Trilogy, Virtual Case File [VCF] and Past Mistakes.--The
Committee remains concerned about the FBI's ability to
successfully implement an improved information technology
infrastructure given the recent failures of Trilogy and more
specifically Virtual Case File [VCF], which ultimately cost the
taxpayer $537,000,000. Despite this, the Committee remains
committed to providing the FBI with the tools necessary to
carry out its mission of fighting terrorism and believes a
critical component to success is the ability to electronically
share and analyze FBI case information.
Government Accountability Office [GAO] Report 06-306.--The
Committee is aware of the recent 2006 GAO report on Trilogy
which questions the FBI's ability to build any IT system, much
less one more complex than VCF. The report includes a small
cursory audit of the invoices related to VCF acquisition and
found $10,000,000 in questionable costs paid to the contractor.
Further, the report highlights that the FBI failed to verify
that goods and services paid for were actually delivered. The
questionable costs include: first class air travel by
contractors, incorrect billing for overtime, over-charging of
labor rates, charges for training never provided, and in some
cases payment of insufficient or nonexistent invoices. Of most
concern to the Committee is GAO's underlying conclusion: the
FBI did not fundamentally understand the design requirements
necessary for the successful development and deployment of VCF.
Audit Report.--The Committee understands that the FBI
shares much of the burden for past IT failures. In an effort to
rectify this situation, the Committee directs the FBI to audit
all transactions and acquisitions related to Trilogy and
provide the Committee a detailed report, within 180 days of
enactment of this act, which identifies all invoices, their
status, and whether or not they were wrongfully paid. The
report shall include an itemized listing of all costs and the
Bureau's plan to recoup all erroneous charges or over-billing
from the contractor where appropriate.
SENTINEL.--The FBI's new technology initiative, SENTINEL,
like Trilogy, promises to bring the FBI into the 21st century
but the Justice Department Office of Inspector General [OIG]
has identified several continuing concerns about the FBI's
ability to manage this project. The major deficiencies
identified by the OIG are: (1) SENTINEL's inability to share
information with DOJ components; (2) FBI's failure to provide a
common framework for other agencies' case management systems to
communicate and share information with SENTINEL; (3) SENTINEL's
lack of an Earned Value Management process; (4) the FBI's
inability to track and control SENTINEL's costs and (5) the
lack of complete documentation required by the FBI's own
Information Technology Investment Management processes.
Overdue Trilogy and SENTINEL Responses.--On March 24, 2006,
the Senate Committee on Appropriations provided the FBI with a
letter and a detailed list of questions relating to Trilogy,
SENTINEL, and lessons learned from the FBI's past IT efforts.
On April 26, 2006, the FBI Director testified that he would
provide a prompt reply to this request. During the hearing the
chairman directed all agencies to have all responses
transmitted to the Committee within 3 weeks. Though the FBI has
provided some information, 3 months late, the most crucial
questions remain unanswered. The Committee is surprised by the
FBI's lack of responsiveness, particularly given its own
admission about the project's critical nature. The Committee is
disappointed that the FBI has been indolent in its actions. The
responses were to be the foundation of the Committee's fiscal
year 2007 funding recommendation. The Committee has therefore
been left with no choice but to provide less than the amount
requested. Unfortunately, given the austere budget climate, the
Committee does not possess the luxury of funding items which
lack sufficient supporting detail and therefore can only
provide funding for project areas which are thoroughly
justified. If, however, the FBI can provide responses to the
Committee's outstanding questions, the Committee will take them
under consideration at the first opportunity available.
Fiscal Year 2007 Funding and Statutory Guidelines Related
to SENTINEL.--Due to the critical nature of SENTINEL, the
Committee approved $100,000,000 in fiscal year 2006 through a
reprogramming and for fiscal year 2007 the Committee
recommendation provides an appropriation of $40,000,000. In
addition, the Committee expects the FBI to use all means
necessary, including legal action, to recover all erroneous
charges from the VCF contractor and, once recovered, will allow
the FBI to apply the recovered resources toward the SENTINEL
project, provided the guidelines below are met. In an effort to
improve the FBI's chances for success regarding SENTINEL, the
Committee has included statutory restrictions to govern the
project's development and deployment.
The Committee has also included bill language which
prohibits the obligation of any funds for any work, development
or procurement for phases II, III, or IV until the GAO has
certified that a performance measurement baseline is
established and is being followed. In addition, the FBI cannot
obligate funding for the next phase until reaching 70 percent
completion of the planned work for the current phase under
construction and the estimated cost to complete the current
phase does not exceed 35 percent of the budgeted cost for such
phase. Therefore, the FBI cannot obligate funds for a
subsequent phase if the active phase is less than 70 percent
complete and more than 5 percent over budget.
For each project phase, the FBI shall define the
capabilities delivered within each phase. For each capability,
the FBI shall define the discreet work packages necessary to
deliver each capability. Work packages shall be finite elements
facilitating the measurement and management of the scope of
work performed; the start date; completion date; and the cost
of the work package. Further, the period of the performance of
work packages shall be restricted to periods of no longer than
4 months. The FBI shall use a performance-based management
system that complies with the American National Standard
Institute/Electronics Industries Alliance Standard 748-A, as
required by OMB Circular A-11, part 7 to measure achievement of
the cost, schedule and performance goals.
With a properly designed performance based system, the
Department of Justice's Investment Review Board can easily
oversee the project's progress and success.
Cyber Crime Task Force.--The Committee directs the FBI to
continue funding for the Cyber Crime Task Force in Birmingham,
Alabama, from within funds provided.
Mortgage Fraud.--The Committee is concerned about
increasing mortgage fraud and urges the FBI to combat this
threat by increasing resources dedicated to this crime and by
supporting the operations of Interagency Task Forces in the
cities with the highest concentrations of mortgage fraud.
CONSTRUCTION
Appropriations, 2006.................................... $37,128,000
Budget estimate, 2007................................... 51,392,000
House allowance......................................... 80,422,000
Committee recommendation................................ 120,696,000
The Committee recommendation provides $120,696,000 for the
Federal Bureau of Investigation [FBI] construction. The
recommendation is $83,568,000 above the fiscal year 2006
funding level and $69,304,000 above the budget request. Of this
amount, $62,221,000 shall be for sensitive compartmental
information facilities [SCIFs]; $28,000,000 shall be for a
Regional Computer Forensics Laboratory; and $30,475,000 shall
be for a Forensic Science Training Academy to be located at
Redstone Arsenal.
Center for Intelligence Training.--The Committee's
recommendation does not provide $6,311,000 to plan and design a
Center for Intelligence Training. The Committee is concerned
that the FBI's role within the intelligence community is
evolving and its training requirements have not been adequately
assessed alongside other intelligence agencies and their
programs. The Committee directs the Director of the FBI to
coordinate with the Director of National Intelligence to
provide a report to the Senate Committee on Appropriations no
later than February 1, 2007, that provides a comprehensive
analysts training strategy that outlines: (1) curriculum
integration and development; (2) training and infrastructure
costs; (3) and cross-training between agents and analysts.
Regional Computer Forensic Laboratory.--The Committee
recommendation provides $28,000,000 for a Regional Computer
Forensic Laboratory [RCFL] to enhance and expand FBI
investigative forensic processing capacity of digital evidence.
Forensic Science Training Academy.--The Committee
recommendation provides $30,475,000 for a Forensic Science
Training Academy to expand FBI forensic training capacity for
its Federal, State, and local law enforcement partners.
SCIFs.--The Committee's recommendation provides $62,221,000
to construct additional SCIF capacity to enhance the FBI
intelligence collection and analytical exploitation
capabilities. This amount includes a transfer of $29,030,000 in
base funding from the ``Salaries and Expenses'' account for
SCIF construction.
Interim Hostage Rescue Team Space.--The Committee's
recommendation does not provide $11,890,000 to demolish the
main HRT building and replace it with a multi-level parking
garage and other facilities.
Drug Enforcement Administration
SALARIES AND EXPENSES
Appropriations, 2006.................................... $1,664,918,000
Supplemental appropriations, 2006....................... 24,200,000
Budget estimate, 2007................................... 1,736,491,000
House allowance......................................... 1,751,491,000
Committee recommendation................................ 1,723,674,000
The Committee recommendation provides $1,723,674,000. The
recommendation is $58,756,000 above the fiscal year 2006
enacted level and $12,817,000 below the fiscal year 2007 budget
request. The recommendation provides $212,078,000 for Drug
Enforcement Administration's [DEA] Drug Diversion Control Fee
Account.
The recommendation provides an increase of $85,256,000 for
adjustments to base to support the DEA's current operating
level, as well as, the proposed cost-savings initiatives and
offsets. The Committee has included the reductions proposed by
DEA in the following areas: elimination of the demand reduction
program ($9,297,000); elimination of regional enforcement teams
($9,015,000); and the reduction of the mobile enforcement team
program ($30,169,000).
Human Intelligence.--The Committee recommendation provides
$11,981,000 to strengthen the DEA's ability to target and focus
its human intelligence resources on national security issues,
and to reestablish the DEA within the intelligence community.
Field Intelligence Analysts.--The Committee recommendation
provides $3,363,000 from the Diversion Control Fee Account to
expand intelligence analysts to support diversion
investigations.
Methamphetamine.--The recommendation provides, under the
Office of Justice Programs, $20,000,000 for the DEA to assist
State and local law enforcement with removal and disposal of
hazardous materials at clandestine methamphetamine labs and to
support a container program that includes training, technical
assistance, and the purchase of equipment to assist in the
removal and storage of hazardous materials.
Communications Intercepts.--The Committee is concerned
advanced communications interception equipment and methods are
not being employed along the Southwest border to locate illegal
drug shipments. The Committee directs the DEA to report no
later than February 1, 2007, on the feasibility of improving
communications surveillance capabilities for detecting illegal
drug importation into the United States at border crossing
locations.
Foreign Methamphetamine Production.--Methamphetamine is a
growing concern in many communities across the country.
Although law enforcement has successfully reduced the number of
small labs operating domestically, the drug is now largely
manufactured abroad and smuggled into the United States. The
Committee urges the DEA to engage these international
trafficking organizations domestically and abroad to stop the
drug before it enters the United States.
Bureau of Alcohol, Tobacco, Firearms, and Explosives
SALARIES AND EXPENSES
Appropriations, 2006.................................... $911,817,000
Supplemental appropriations, 2006....................... 24,000,000
Budget estimate, 2007................................... 860,128,000
House allowance......................................... 950,128,000
Committee recommendation................................ 985,000,000
The Committee recommendation provides $985,000,000. The
recommendation is $73,183,000 above the fiscal year 2006
enacted level and $124,872,000 above the fiscal year 2007
budget request. The recommendation provides an increase of
$52,311,000 as an adjustment to the base funding level to
support the ATF's current operating budget. The recommendation
does not include the explosives fee assumed in the budget
request.
The mission of the Bureau of Alcohol, Tobacco, Firearms,
and Explosives [ATF] is to reduce violent crime, prevent
terrorism, and protect the public. ATF reduces the criminal use
of firearms and illegal firearms trafficking, and assists other
Federal, State, and local law enforcement agencies in reducing
crime and violence. ATF investigates bombing and arson
incidents and provides for public safety by reducing the
criminal misuse of explosives, trafficking in explosives,
combating acts of arson and arson-for-profit schemes, and
removing safety hazards caused by improper and unsafe storage
of explosive materials. ATF enforces the Contraband Cigarette
Trafficking Act which addresses the diversion of cigarette
taxes often involving multi-million dollar trafficking plots,
some of which have been traced to international terrorists.
Proposed Fees to Fund Existing Law Enforcement
Operations.--The Committee is disappointed by the Department's
proposal of a $120,000,000 fee on the explosives industry and a
permit fee on users to fund existing base operations and
programs of the ATF. The Committee understands that if this fee
were enacted today, it would take 2 years to put the regulatory
structure in place before any funds could be collected. The
Committee notes it is irresponsible to budget for ongoing
fiscal year 2007 law enforcement operations with funds that do
not exist. These types of financing schemes create significant
problems for the Committee and could ultimately lead to a
disruption to the Department's law enforcement programs.
Violent Crime Impact Teams.--The Committee recommendation
provides an additional $8,000,000 to expand law enforcement
VCITs to cities with the highest levels of violent firearms
related crime. These resources will assist ATF, along with
Federal, State, and local law enforcement agencies and
prosecutors to identify the most violent criminals such as
violent gang members, armed career criminals, armed drug
traffickers and illegal firearms traffickers, and removing them
from our Nation's streets.
ATF Headquarters Space.--The Committee recommendation
provides $3,000,000 for the ATF headquarters for
telecommunications and other equipment. The Committee remains
concerned with reports of lavish spending on the new ATF
headquarters. The Committee is aware of the ongoing Office of
Inspector General investigation into this matter and will await
their findings before taking further action.
Commercial Display Fireworks.--The Committee is concerned
ATF no longer provides for a fireworks liaison to handle
explosives regulations for the commercial display fireworks
industry. The Committee directs ATF to reestablish and fund
from existing resources a fireworks industry liaison to serve
as a single point of contact to the commercial display
fireworks industry. The liaison shall work to increase training
and coordination among ATF's field inspectors to ensure
regulations are enforced uniformly.
National Center for Explosives Training and Research.--The
Committee recommendation provides an additional $30,000,000 for
the completion of a permanent site for the National Center for
Explosives Training and Research.
National Integrated Ballistic Information Network
[NIBIN].--The Committee encourages ATF to continue to assess
the utility of new ballistic imaging products to ensure NIBIN
continues to meet the technological and programmatic needs of
its State and local law enforcement partners.
Conversion of Records.--The Committee recognizes the need
for ATF to complete the conversion of tens of thousands of
existing Federal firearms dealer out-of-business records from
film to digital images at the ATF National Tracing Center
[NTC]. Once the out-of-business records are fully converted,
search time for these records will be reduced significantly.
The Committee recommendation includes $4,200,000 for the ATF to
hire additional contract personnel to continue the conversion
and integration of records.
Federal Prison System
The Committee recommendation provides a total of
$5,303,639,000 for the Federal Prison System, or Bureau of
Prisons [BOP]. The recommendation is $381,195,000 above the
fiscal year 2006 enacted level, excluding emergency
supplemental appropriations, and $197,001,000 above the budget
request.
SALARIES AND EXPENSES
Appropriations, 2006.................................... $4,830,161,000
Supplemental appropriations, 2006....................... 11,000,000
Budget estimate, 2007................................... 4,987,059,000
House allowance......................................... 4,987,059,000
Committee recommendation................................ 4,986,147,000
The Committee recommendation provides $4,986,147,000. The
recommendation is $155,986,000 above the fiscal year 2006
enacted level and is $912,000 below the budget request. The
recommendation includes the proposed and continued cost-savings
initiatives.
The Committee commends the BOP on its work to address and
prevent sexual misconduct. With funds provided in earlier
appropriations acts, the National Institute of Corrections has
made useful progress in providing training and technical
support to correctional systems throughout the country to
eliminate staff sexual misconduct with inmates, training in
investigating cases, and training the ``trainers'' in order
that employees at every level will be more aware of, and better
prepared to deal with, these cases. The Committee directs the
BOP to continue these efforts and to report to the Committee by
March 31, 2007, on progress made in this area.
The recommendation shall be expended in the following
manner:
SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Inmate Care and Programs............................... 1,761,813
Institution Security and Administration................ 2,266,219
Contract Confinement................................... 779,264
Management and Administration.......................... 178,851
----------------
Total............................................ 4,986,147
------------------------------------------------------------------------
Fiscal Year 2008 Budget Justification.--The Committee is
disappointed in the information presented in the BOP's budget
justification materials. The Committee notes the lack of
clarity and transparency provided in how budget decisions are
justified. The Committee directs the Chief Financial Officer
[CFO] of the BOP to work with the CFO of the Department of
Justice to improve the quality of the information provided to
the Committee. The Committee directs that the fiscal year 2008
budget request shall be a zero-based budget, the BOP shall
identify and justify each and every program, project and
activity to be funded.
Inmate Care and Programs.--The Committee recommendation
provides an additional $37,194,000 to cover the costs of the
increasing prison population. BOP projects that a total of
7,500 inmates will be absorbed in the BOP's existing facilities
this fiscal year. The Committee recommendation provides
$779,264,000 for the contractual costs associated with housing
inmates. This amount includes the requested increase of
$39,084,000 to meet low security bed space demands through the
use of private sector contract confinement. BOP is directed to
meet bedspace needs using the most efficient mix of State,
local and existing or new private prison capacity that meet
BOP's standards. This activity covers the costs of all food,
medical supplies, clothing, welfare services, release clothing,
transportation, gratuities, staff salaries (including salaries
of Health Resources and Services Administration commissioned
officers), and operational costs of functions directly related
to providing inmate care. This decision unit also finances the
costs of education and vocational training, drug treatment,
religious programs, psychological services, and other inmate
programs such as Life Connections. This activity also covers
costs associated with regional and central office executive
direction and management support functions related to providing
inmate care such as medical and drug treatment program.
Institution Security and Administration.--This activity
covers costs associated with the maintenance of facilities and
institution security. This activity finances institution
maintenance, motor pool operations, powerhouse operations,
institution security and other administrative functions.
Finally, this activity covers costs associated with regional
and central office executive direction and management support
functions such as research and evaluation, systems support,
financial management, budget functions, safety, and legal
counsel.
Contract Confinement.--This activity provides for the
confinement of sentenced Federal offenders in Government-owned,
contractor-operated facilities and contract, State and local
facilities, and for the care of Federal prisoners in contract
community residential centers and assistance by the National
Institute of Corrections to State and local corrections. This
activity also covers costs associated with management and
oversight of contract confinement functions.
ACTIVATION OF NEW PRISON FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Expansions recommendation
------------------------------------------------------------------------
FCI Otisville, New York, 75 beds....................... 1,267
----------------
Total............................................ 1,267
------------------------------------------------------------------------
Activations and Expansions.--The Committee recommendation
provides funding for the activation of an expanded facility,
which will increase BOP's capacity by 75 beds. The Committee
defines ``activation'' as open and receiving prisoners.
The Committee expects BOP to adhere to the activation
schedule included in BOP's budget submission. BOP shall notify
the Senate Committee on Appropriations of any deviations to
this schedule.
National Center for Missing and Exploited Children
Coordination.--The Committee directs BOP to examine the public
information that it maintains regarding inmates that currently
reside within the Federal correctional system and make it
available, when appropriate, to the National Center for Missing
and Exploited Children [NCMEC]. The Committee directs BOP, with
the National Institute of Corrections, to educate State prison
institutions of its efforts to assist NCMEC through its
membership in the Association of State Correctional
Administrators and provide an opportunity for NCMEC to meet
with the association for potential outreach to the State
prisons for inmate sharing purposes.
BUILDINGS AND FACILITIES
Appropriations, 2006.................................... $88,961,000
Supplemental appropriations, 2006....................... 11,000,000
Budget estimate, 2007................................... 117,102,000
House allowance......................................... 88,961,000
Committee recommendation................................ 315,092,000
The Committee recommendation provides $315,092,000 for the
construction, modernization, maintenance, and repair of prison
and detention facilities housing Federal prisoners. The
recommendation is $226,131,000 above the fiscal year 2006
enacted level, excluding emergency supplemental appropriations,
and $197,990,000 above the budget request.
The Committee recommendation provides for $91,092,000 for
modernization and repairs.
The Committee has serious concerns that while the prison
population continues to dramatically increase, the Department
of Justice continues to submit budget requests with proposed
rescissions of prison construction funds causing significant
contracting disruption, delays, and avoidable cost increases.
The Committee recommendation does not include the proposed
rescission of $142,000,000 for funding already appropriated for
prison facilities.
One notable example of the impact of BOP's failure to
adequately budget is the Federal Correctional Institution [FCI]
at Mendota, California. That facility, when constructed, will
provide an additional 1,152 medium security beds helping to
relieve current overcrowding in medium security facilities. In
fiscal years 2006 and 2007 BOP requested no funding for FCI
Mendota, despite having designed the facility and awarded a
construction contract in fiscal year 2004. BOP now indicates
that it must exercise a contract option by October 2006 in
order to avoid a cost escalation of up to 10 percent. In light
of this situation, the Attorney General is directed to provide
a report to the Committee on Appropriations, within 15 days of
enactment of this act on the Department's plan to complete FCI
Mendota, including proposed funding sources, estimated
completion date, cost escalations related to delays in
completion, and the impacts of these delays on BOP medium
security prisoner overcrowding.
To continue construction begun last year, the Committee
recommendation also provides $25,000,000 for site planning and
further development of a medium or high security facility or
facilities in Aliceville, Alabama; $15,000,000 for site
planning and further development of a medium or high security
facility or facilities in Yazoo City, Mississippi; $15,000,000
for a medium or high security facility in Letcher County,
Kentucky; $10,000,000 for a medium security facility in
Mendota, California; and $129,000,000 for the completion of
facilities in Berlin, New Hampshire, and McDowell, West
Virginia.
The Committee reiterates the direction in the conference
reports accompanying the fiscal years 2004 and 2005
appropriations acts to discontinue the practice of submitting
budget requests with proposed rescissions of prison
construction funds. BOP shall move forward with all current
projects as planned and shall comply with this direction in all
future budget submissions.
Bill language is included clarifying that BOP may not
transfer ``Building and Facilities'' appropriations to cover
``Salaries and Expenses'' costs.
FEDERAL PRISON INDUSTRIES, INCORPORATED
(LIMITATION ON ADMINISTRATIVE EXPENSES)
Appropriations, 2006.................................... $3,322,000
Budget estimate, 2007................................... 2,477,000
House allowance......................................... 2,477,000
Committee recommendation................................ 2,400,000
The Committee recommendation provides a limitation on the
administrative expenses of $2,400,000 for the Federal Prison
Industries, Inc. The recommendation is $922,000 below the 2006
fiscal year funding level and $77,000 below the budget request.
Within 90 days of enactment, the Committee directs the
Inspector General to conduct a complete and thorough financial
audit of all accounts under this heading.
Office on Violence Against Women
Appropriations, 2006.................................... $381,566,000
Budget estimate, 2007................................... 347,013,000
House allowance......................................... 418,296,000
Committee recommendation................................ 390,000,000
The Committee recommendation provides $390,000,000. The
recommendation is $8,434,000 above the fiscal year 2006 enacted
level and $42,987,000 above the budget request.
The Committee has not transferred programs in this account
that are administered by the Office of Justice Programs [OJP]
to the OJP account. The Committee directs that OJP coordinate
with the Director of the Office on Violence Against Women in
the administration of programs administrated by OJP but funded
under this heading.
The Office on Violence Against Women [OVW] is a component
of the U.S. Department of Justice. Created in 1995, OVW
implements the Violence Against Women Act [VAWA] and subsequent
legislation, and provides national leadership against domestic
violence, sexual assault, and stalking. Since its inception,
the office has launched a multifaceted approach to responding
to these crimes. By forging State, local, and tribal
partnerships among police, prosecutors, the judiciary, victim
advocates, health care providers, faith leaders, and others.
OVW grants help provide victims with the protection and
services they need to pursue safe and healthy lives and enable
communities to hold offenders accountable. In 2005, OVW was
established as an administrative office separate from the
Office of Justice Programs.
The table below displays the Committee recommendations for
the programs under this office.
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
STOP Grants (Grants to Combat Violence Against Women).. 181,608
(National Institute of Justice--R&D)............... [2,477]
(Transitional Housing Assistance).................. [17,000]
Grants to Encourage Arrest Policies.................... 55,147
Rural Domestic Violence Assistance Grants.............. 38,799
Violence on College Campuses........................... 9,969
Civil Legal Assistance Program......................... 45,774
Elder Abuse Grant Program.............................. 4,459
Safe Haven Project..................................... 14,766
Education and Training for Disabled Female Victims..... 7,109
Court-Appointed Special Advocate [CASA]................ 12,750
Child Abuse Training for Judicial Personnel............ 3,263
Closed Circuit Television Grants....................... 1,500
Training Programs to Assist Probation and Parole 5,918
Officers..............................................
Stalker Databases...................................... 3,938
Sexual Assault Services................................ 5,000
----------------
Total.............................................. 390,000
------------------------------------------------------------------------
Native American/Native Alaskan Liaison Office.--The
Committee understands that Native American and Native Alaskan
women experience a higher rate of violence compared to any
other group in the United States. Alaska's forcible rape rate
is 2.5 times larger than the national average. Alaska holds the
highest rate in the United States of men murdering women. In
fiscal year 2005, over 6,000 incidents of domestic violence
were recorded. In fiscal year 2005, a liaison office was
created to address abuse and violence towards women in Alaska.
The Committee includes $5,000,000 for the Native American/
Native Alaskan Liaison Office for their work in Alaska. The
Committee has provided $5,000,000 to the State of Alaska for
the purposes of combating sexual assault and domestic violence.
These funds may also be distributed to non-profit entities that
provide services such as: a crisis hotline, services to victims
of sexual assault or domestic violence in rural areas, and
medical assistance to victims.
Within the funds appropriated, $181,608,000 is for general
formula grants to the States. The fiscal year 2007
recommendation will allow jurisdictions to implement mandatory
pro-arrest and prosecution policies to prevent, identify, and
respond to violent crimes against women, support coordination
of State victim services, assist Native victims in Indian
country, and provide secure settings and specialized procedures
for visitation and exchange of children in families
experiencing domestic violence. The recommendation supports
increasing access to comprehensive legal services for victims,
providing short term housing assistance and support services
for domestic violence victims and education and training to end
violence against and abuse of women with disabilities.
STOP Grants (Grants to Combat Violence Against Women).--The
Committee recommendation provides $181,608,000 in STOP formula
grants.
National Institute of Justice [R&D].--Of the funds
provided, $2,477,000 to the National Institute of Justice for
research and evaluation of violence against women to promote
the safety of women and family members.
Transitional Housing Assistance.--Of the funds provided,
$17,000,000 to Transitional Housing Assistance to provide
short-term housing assistance and support services for domestic
violence victims.
Grants to Encourage Arrest Policies.--The Committee
recommendation provides $55,147,000 for grants to encourage
jurisdictions to implement mandatory and pro-arrest policies as
an effective domestic violence intervention.
Rural Domestic Violence Assistance Grants.--The Committee
recommendation provides $38,799,000 for Rural Domestic Violence
and Child Victimization Enforcement Grants to enhance the
safety of victims of domestic violence, dating violence, and
child abuse by supporting projects uniquely designed to address
and prevent these crimes in rural America.
Violence on College Campuses.--The Committee recommendation
provides $9,969,000 to encourage institutions of higher
education to adopt comprehensive, coordinated responses to
violent crimes against women on campuses.
Civil Legal Assistance.--The Committee recommendation
provides $45,774,000 to increase the availability of legal
assistance necessary to provide effective aid to victims of
domestic violence, stalking, sexual assault, or dating violence
who are seeking relief in legal matters arising as a
consequence of that abuse or violence.
Elder Abuse Grant Program.--The Committee recommendation
provides $4,459,000 to support community-based projects
designed to improve the justice system's response to elder
abuse and violence.
Safe Haven Project.--The Committee recommendation provides
$14,766,000 to prevent and reduce the impact of children's
exposure to family and community violence.
Education and Training for Disabled Female Victims.--The
Committee recommendation provides $7,109,000 to provide
education, consultation and information to service providers to
address obstacles encountered by women with disabilities who
are victims of domestic violence, sexual assault and stalking.
Court Appointed Special Advocate [CASA].--The Committee
recommendation provides $12,750,000 to provide subgrants to
local communities to increase the number of volunteer advocates
to serve child abuse and neglect victims.
Child Abuse Training for Judicial Personnel.--The Committee
recommendation provides $3,263,000 to disseminate information,
offer court improvement training programs, provide technical
assistance on dependency court practices for the purpose of
improving courts' handling of child abuse and neglect cases
nationwide.
Closed Circuit Television Grants.--The Committee
recommendation provides $1,500,000 for closed circuit
television grants for televised testimony.
Training Programs to Assist Probation and Parole
Officers.--The Committee recommendation provides $5,918,000 to
assist probation and parole officers in closely monitoring
offenders and strictly enforce the terms and conditions of
probation or parole.
Stalker Databases.--The Committee recommendation provides
$3,938,000 for the National Stalker and Domestic Violence
Reduction Program (Stalker Database). This program provides
assistance to State and units of local government to improve
processes for entering data regarding stalking and domestic
violence.
Sexual Assault Services Act [SASA].--The Committee
recommendation provides $5,000,000 to begin a Federal program
that directly funds the needs of sexual assault victims. These
funds are aimed at preventing rape and providing services to
victims of rape and sexual assault. The Sexual Assault Services
Act will provide funds to States to fund sexual assault
services programs. The formula grant funds will assist States
and tribes in their efforts to provide services to adult,
youth, and child sexual assault victims and their family and
household members.
The Committee encourages the Department to work with
established home visitation programs, such as Parents as
Teachers, serving families with young children in developing
and executing home visitation programs to reduce family
violence. The incidence of child abuse and maltreatment is
significantly reduced when families receive critical parent
education, family support and intervention services through
proven home visitation programs such as Parents as Teachers.
Furthermore, the Committee encourages the Department of Justice
to fund programs providing research-based, high-quality
services to families, regardless of the age of the parent, the
number of children in the family being served or the mother's
number of pregnancies.
Office of Justice Programs
Appropriations, 2006.................................... $2,246,686,000
Supplemental appropriations, 2006....................... 125,000,000
Budget estimate, 2007................................... 1,201,048,000
House allowance......................................... 2,230,039,000
Committee recommendation................................ 1,933,810,000
The Committee recommendation provides $1,933,810,000 for
the Office of Justice Programs [OJP]. The recommendation is
$312,876,000 below the fiscal year 2006 enacted level,
excluding emergency supplemental appropriations, and
$732,762,000 above the budget request. As in fiscal year 2006,
the Office on Violence Against Women is funded under a separate
heading under this title.
The Committee continues to be concerned with the proposed
merger of the Byrne Grant program and Local Law Enforcement
Block Grant program resulting in a significantly reduced
funding level. The budget request again proposes the merger of
all programs administered by OJP under the Justice Assistance
Grants heading. The Committee recommendation does not adopt
this consolidation and retains the account structure used in
previous fiscal years.
JUSTICE ASSISTANCE
Appropriations, 2006.................................... $230,254,000
Budget estimate, 2007................................... 1,098,952,000
House allowance......................................... 223,575,000
Committee recommendation................................ 172,033,000
The Committee recommendation provides $172,033,000. The
recommendation is $58,221,000 below the fiscal year 2006
enacted level and $926,919,000 below the budget request.
The Justice Assistance program provides support to State
and local law enforcement. Funding in this account provides for
assistance in the form of research, evaluation, statistics,
regional information sharing, programs to assist the National
Center for Missing and Exploited Children, and victim
notification assistance. In addition, funding is included for
the management and administration of all grants provided
through OJP. The Committee again rejects the Department's
proposed merger of all OJP programs under this heading and
instead has maintained the account structure contained in last
year's enacted legislation.
The Committee recommendations are displayed in the
following table:
JUSTICE ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
National Institute of Justice........................ 43,000
National Law Enforcement and Corrections Tech [21,000]
Centers [LETC's]................................
Social Science Research & Evaluation............. [3,000]
Office of Science and Technology [OST]........... [15,000]
Counterterrorism Research and Development........ [4,000]
Bureau of Justice Statistics......................... 20,000
State Automated Victim Notification System........... 12,000
Support Services for Victims......................... 1,500
Regional Information Sharing System [RISS]........... 45,000
Pegasus Nationwide............................... [5,000]
Missing and Exploited Children....................... 50,533
------------------
Total.......................................... 172,033
------------------------------------------------------------------------
National Institute of Justice [NIJ].--The Committee
recommendation provides $43,000,000 for the NIJ. NIJ's mission
is to advance scientific research, development, and evaluation
to advance the administration of justice and public safety. The
Committee directs that prior to the obligation of any funds,
NIJ submit a spend plan on how resources will be allocated.
National Law Enforcement and Corrections Technology
Centers.--The National Law Enforcement and Corrections
Technology Centers [NLECTC] have served a vital role for State
and local law enforcement and corrections communities by
responding to the needs of the justice community through
transferring, introducing, and implementing technologies;
assisting in the development and dissemination of guidelines
and technological standards; and providing technology
assistance, information, and support for law enforcement,
corrections, and criminal justice purposes. The Committee
continues to strongly support the NLECTC system run by the NIJ
and therefore recommends $21,000,000 to continue its efforts.
Of the amount provided, the Committee directs that funds be
distributed equally to the centers.
Office of Science and Technology [OS&T].--The Committee
continues to support the efforts of the leadership of the NIJ's
OS&T and the continuing partnership that OS&T has developed
with the National Institute of Standards and Technology [NIST].
To implement the mission of OS&T, the Committee recommends
$15,000,000 for OS&T.
Counterterrorism Research and Development.--The Committee
recommendation provides $4,000,000 for Counterterrorism
Research and Development. These funds will assess criminal
enterprises to determine whether they are linked to terrorist
organizations, evaluate technology and tools that will assist
State and local law enforcement.
Bureau of Justice Statistics.--The Committee recommendation
provides $20,000,000 to the Bureau of Justice Statistics for
the collection and analysis of statistical information
concerning crime, victims, offenders, criminal justice
processes, and civil disputes in support of public and private
policy decisionmaking.
Victim Notification.--The Committee recommendation provides
$12,000,000 for the Bureau of Justice Assistance [BJA] to
continue the State Automated Victim Notification grant program
to allow States to join the National Victim Notification
Network. No funding may be utilized from within the Victims
Assistance Program for this initiative and funds provided under
this heading shall require a 50 percent match from State,
local, and private sources.
Victims of Crime Management and Administration.--The
Committee recommendation provides $1,500,000 for support costs
for Office of Victims of Crime management and administration
expenses.
Regional Information Sharing System.--The Committee
recommendation provides $45,000,000 for the Regional
Information Sharing System [RISS]. The Committee supports RISS
and its role in implementing the National Criminal Intelligence
Sharing Plan. The RISS program maintains six regionally based
information networks that provide for the automated exchange of
crime and terrorism information between Federal, State, and
local agencies. Of the funds provided, $5,000,000 is to support
Pegasus with first emphasis on rural and non-urban law
enforcement to enhance information technology capacity of
critical hometown support and security forces.
Missing Children Program.--The issue of child abduction and
exploitation today, is part of the national conscience due to
the numerous child pornography and missing children cases. OJP
works with law enforcement agencies to target, dismantle, and
prosecute predatory child molesters and those who traffic in
child pornography. The Committee continues to strongly support
the Missing and Exploited Children Program run by the BJA. The
Committee recommends $50,533,000 to continue to expand efforts
to protect the Nation's children, focusing on the areas of
locating missing children, and addressing the growing wave of
child sexual exploitation facilitated by the internet.
The funding recommendations for the Missing and Exploited
Children Program are displayed in the following table:
NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
National Center for Missing and Exploited Children...... 23,806
Jimmy Ryce Law Enforcement Trng Center.................. 2,976
Internet Crimes Against Children Task Force............. 15,375
Missing and Exploited Children Office................... 1,488
AMBER Alert............................................. 4,960
Management and Administration........................... 1,928
---------------
Totals.................................................. 50,533
------------------------------------------------------------------------
Management and Administration.--The Committee
recommendation provides that up to $35,000,000 of balances made
available as a result of prior year de-obligations may be
obligated for program management and administration, any
balances made available as a result of prior year de-
obligations in excess of $35,000,000 shall only be obligated in
accordance with section 505 of this act. In addition,
consistent with prior practice, reimbursable funding for
management and administration costs will be made available from
programs administered by OJP from the ``Community Oriented
Policing Services'' account. Remaining management and
administration funding will be made available from the
``Juvenile Justice Programs'' and the ``State and Local Law
Enforcement Assistance'' accounts, and that these funds will be
transferred to and merged with the ``Justice Assistance''
account. The Committee directs that any action taken by OJP
relating to Circular A-76 shall be subject to the requirements
of section 505 of this act.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
Appropriations, 2006.................................... $1,098,494,000
Supplemental appropriations, 2006....................... 125,000,000
Budget estimate, 2007...................................................
House allowance......................................... 1,201,992,000
Committee recommendation................................ 810,110,000
The Committee recommendation provides $810,110,000. The
recommendation is $288,384,000 below the fiscal year 2006
enacted level, excluding supplemental appropriations, and
$810,110,000 above the budget request.
The Committee recommendations are displayed in the
following table:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants [JAG]....... 555,126
Boys and Girls Club of America................... [85,000]
State and Local Anti-Terrorism Training.......... [5,000]
SCAAP................................................ 100,000
Southwest Border Prosecutor Initiative........... [29,000]
Byrne Discretionary Grants........................... 120,000
Victims of Trafficking............................... 4,000
State Prison Drug Treatment.......................... 2,000
Drug Courts.......................................... 15,000
Capital Litigation................................... 7,000
Mentally-Ill Offender Act Programs................... 5,000
National Sex Offender Registry....................... 1,984
------------------
Total.......................................... 810,110
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant [JAG].--The
Committee recommendation provides for $555,126,000 for the
Edward Byrne Memorial Justice Assistance Grant program.
Boys and Girls Clubs.--The Committee recommendation
provides $85,000,000 for the Boys and Girls Clubs of America in
public housing facilities and other areas in cooperation with
State and local law enforcement.
State and Local Anti-Terrorism Training [SLATT].--The
Committee recommendation provides $5,000,000 to continue the
State and Local Anti-Terrorism Training Program. These funds
are expected to be used to provide pre-incident interdiction,
prevention, investigation, and prosecution training,
information, and technical assistance to State and local law
enforcement in the area of anti-terrorism and extremist
criminal activity.
State Criminal Alien Assistance Programs [SCAAP].--The
Committee recommendation provides $100,000,000 for the State
Criminal Alien Assistance Programs for reimbursement to States
for the costs of incarceration of criminal aliens, which was
again proposed for elimination in the budget request. These
funds may only be used for correctional purposes.
Southwest Border Prosecutions.--The Committee
recommendation provides $29,000,000 to provide assistance to
State and local law enforcement agencies (including
prosecutors, probation officers, courts, and detention
facilities) along the southwest border with the handling and
processing of drug and alien cases referred from Federal
arrests.
Edward Byrne Discretionary Grants.--The Committee
recommendation provides $120,000,000 for discretionary grants
to help to improve the functioning of the criminal justice
system with an emphasis on drugs, violent crime, and serious
offenders. Within the amounts appropriated for discretionary
grants OJP shall give priority consideration to the following
proposals:
Training of Village Public Safety Officers in Alaska;
Luna County Sheriff's Department, New Mexico, for the
Southwest New Mexico Border Law Enforcement Alliance;
NJIT Child Safe Personalized Handgun (Smart Gun);
Las Vegas Metropolitan Police Department, Nevada, for the
mobile command center;
Rural Executive Management Institute [REMI] at the Criminal
Justice Institute in Little Rock, Arkansas;
Atlantic City, New Jersey, for law enforcement technology
upgrades;
Illinois Meth Project at the University of Illinois;
LISC Community Safety Initiative, Mississippi;
San Bernardino Gang Free Schools program, California;
Vermont Department of Safety for the Vermont Drug Task
Force;
Delaware Office of Highway Safety Checkpoint Strikeforce;
South Florida Anti-Gang Task Force, Broward County,
Florida;
Rosebud Sioux Tribe, South Dakota, for law enforcement,
court, and detention equipment and operations;
A Child Is Missing, Georgia;
National Training and Technical Assistance Center on
Methamphetamine, Washington;
Monterey County, California, for the Street Violence and
Anti-Gang Project;
Minnesota Teen Challenge and their drug recovery program;
A Child Is Missing--Tennessee;
New Jersey Latino Peace Officers Association for the Latino
Gang Prevention/Intervention Program;
Washington Association of Sheriffs and Police Chiefs for a
DNA stranger rape pilot program;
Safe & Sound Community Partners Program, Wisconsin;
Cheyenne River Sioux Tribe, South Dakota, for law
enforcement, court, and detention equipment and operations;
Guardian Angel Community Services Illinois, for the
Transitional Housing for Women and Children Suffering Domestic
Violence;
Alabama District Attorney's Association Domestic Abuse
Prevention Program;
University of Delaware's Center for Drug and Alcohol
Studies;
City of Meriden, Connecticut, for the Community Policing
Program;
Prevention of Black on Black Crime Initiative at the Center
for Healing Hearts and Spirits in Little Rock, Arkansas;
Washoe County, Nevada, for the Mentally Ill Offender
Program;
University of North Alabama youth violence/gang
intervention curriculum;
Jacksonville State University Forensic Video Analysis,
Alabama;
The University of Toledo, Ohio--Collaborative Response to
Sexual Trafficking in Children;
Marshall County, Mississippi, Sheriff's Department;
Bulletproof vest and protective equipment initiative,
Kansas;
Ceasefire at the University of Illinois for community-based
gun violence prevention and intervention;
Milwaukee, Wisconsin, District Attorney's Office for the
Judicial Oversight Demonstration Initiative;
Standing Rock Sioux Tribe, South Dakota, for law
enforcement, court, and detention equipment and operations;
City of Las Vegas, Nevada, for the EVOLVE program;
Third Judicial District Attorney's Office, Dona Ana County,
New Mexico, for the Rural Domestic Violence Initiative;
Oglala Sioux Tribe, South Dakota, for law enforcement,
court, and detention equipment and operations;
Widener University School of Law, Delaware;
National Center for Community Renewal, Louisiana;
Turtle Mountain Community College, North Dakota, for
Project Peacemaker;
Delaware County Police New York, for law enforcement
communications equipment upgrades;
Milwaukee, Wisconsin, Summer Stars;
Southeast Louisiana Criminal Justice Recovery Initiative;
Native Americans into Law Program, University of North
Dakota;
The Women's Treatment Center, Chicago, Illinois, for
incarcerated mothers and their children;
California Department of Justice for a Digital Forensic
Evidence Recovery program;
University of Nevada, Las Vegas, for the Identity Theft and
Financial Fraud Research and Operations Center;
Beauregard Parish Sheriff Department Sex Abuse
Investigation Equipment & Technology, Louisiana;
Volunteers of America, Delaware River Valley, New Jersey,
for the Ready4Work Reentry Initiative;
Courage To Speak Foundation, Connecticut, for the Expansion
Initiative;
City of Detroit, Michigan, for the Bridge to Success
Project;
Vermont Law School for the Legal Clinic Services Expansion;
Regenhard Center for Emergency Response Studies at John Jay
College, New York;
Hampden County, Massachusetts, Sheriff's Office Prisoner
Re-entry Program;
A Child Is Missing Program, Illinois;
Citizens for a Safe Yakima Valley Program, Yakima,
Washington;
Waukesha County Technical College, Wisconsin, for the Law
Enforcement Training Program;
McLean County Drug Court, Illinois;
Macon County Justice Council, Illinois, for gun violence
prevention;
Living Classrooms (Casey Foundation), Maryland, for
prisoner re-entry projects;
Johns Hopkins University for the Ex-Offender Hospital
consortium program;
Patterson Park Community Development Corporation for the
Rejecting Violence, Building Resilience, Baltimore, Maryland;
Goodwill, Maryland for the Drug Enhancement Program;
KidsPeace in Maryland;
A Child Is Missing, Montana;
New Song Urban Ministries, Maryland, for the Youth and Ex-
Offender Programs;
Wyoming Children's Identification and Location Database
[CHILD] Project;
A Child Is Missing, Alabama;
Chippewa Creek Law Enforcement, Montana;
Anticorruption Initiative in Southeast Louisiana;
Mississippi State University Regional Cyber Crime Center;
University of Alabama School of Law, Family Law Clinic
Proposal;
Alcorn State University Judicial Threat Analysis Center and
Prisoner Photographic Database;
North Mississippi Rural Legal Services;
Alabama Administrative Office of Courts Records Management
System;
National Child Center for Prosecution of Child Abuse,
Minnesota;
Enhanced Spanish Communication Training for Emergency
Responders;
Institute for Police Research;
Shoshone-Bannock Tribal Justice Center;
CHOICES for Victims of Domestic Violence;
Alabama Department of Corrections Electronic Training and
Security tools;
Geauga County Prosecutor's Office--U.S. Marshals Northern
Ohio Violent Fugitive Task Force [NOVFTF];
Mahoning County, Ohio--Drug Court Expansion;
Ohio Task Force Commander's Association [OTFCA];
Alabama Criminal Justice Information Center Enterprise Law
Enforcement and Knowledge Management Integration Project;
Fort Peck Tribe Law Enforcement, Montana;
Center for Hazards Research and Education, Tennessee;
Pennsylvania District Attorneys Institute;
Luzerne County, Pennsylvania, Community College Public
Safety Training Institute;
UWA Drug Identification Research to Support Law
Enforcement, Alabama;
City of Jackson, Tennessee, Drug Treatment Court;
Davidson County Mental Health Court Transitional Treatment
Housing Initiative, Tennessee;
Operation Streetsweeper, New Hampshire;
Safe Schools Healthy Students Program--Heartland Family
Service, Nebraska;
Sam Houston State University Criminal Justice Center,
Texas;
Westmoreland County, Pennsylvania, Community College Public
Safety Training Center;
Alaska Native Justice Center;
Harrison County, Mississippi, Sheriff's Department;
University of Mississippi Tech Law Training Program;
J-ONE, New Hampshire;
National Motor Vehicle Title Inormation System [NMVTIS];
Girls, Inc.;
Child Protection Training, New Hampshire;
University of Mississippi National Center for Justice and
Rule of Law;
Western Forensic Law Enforcement Training Center at
Colorado State University at Pueblo;
Madison, Alabama, Domestic Violence Program;
Mississippi Department of Public Safety Certified
Investigator Program;
Etowah County Alabama, Visual Intelligence tool;
Alaska Rural Prosecution Unit;
Alaska Rural Alcohol Interdiction Initiative;
Missouri Department of Public Safety;
University of Tennessee Law Enforcement Innovation Center;
Crimes vs. Children Research Center, New Hampshire;
Southeast Missouri State University regional crime
laboratory;
Alabama Administrative Office of Courts Records
integration;
CATLab at UNH;
Jefferson County, Alabama, Sheriff's Office records
management;
UAB Forensics Sciences Institute;
Sam Houston State University Regional Crime Lab, Texas;
Sexual Predator Tracking and Response Project, Houston,
Texas;
The Child Project Lauderdale County Sheriff's Office, [AL];
Eastern Kentucky University Investigative Response to
Terrorist Incidents Project;
United States Marshals Service Fugitive Task Force for the
Western District of Kentucky;
City of Pittsburgh Mobile Data Interface Unit,
Pennsylvania;
Mississippi Center for Legal Services;
The CHILD Project, Kansas;
Victim/Witness Services of South Philadelphia, Inc.,
Pennsylvania;
University of Mississippi Accounting Fraud and Ethical
Studies Center;
City of Reading, Pennsylvania;
Montgomery County District Attorney's Office, Pennsylvania;
University of Kentucky Legal Education Access Program;
City of Springfield, Missouri, law enforcement forensics
initiative;
Yellowstone County Sheriff's Office, interoperability and
technology upgrades, Montana;
Lambda Rail, Mississippi;
State of Missouri, for a statewide municipal crime data
integration project;
College for Prisoners Program, Kansas;
Victims Services Project, Kansas;
Cyber Crime Initiative, New Hampshire;
City of Montgomery, Alabama, Security Systems for
Courthouses and Corrections;
Computer Forensics Lab, Troy University, Alabama;
Gulfport-Biloxi International Airport Security Initiatives;
University of Louisville Center for Child Abuse Assessment
and Prevention;
University of Louisville Institute for Preparedness and
Security;
Prevention and Response to Terrorist Threats in Rural
Areas, Kansas;
National Judicial College in Reno, Nevada;
RAIIN--National Sexual Assault Telephone Hotline;
First Tee ``Life Skills'' program;
Victims of Crime--INFOLINK;
National Citizens' Crime Prevention Campaign;
Teens, Crime, and the Community initiative;
National Council of Juvenile and Family Court Judges
[NCJFCJ];
National Night Out;
Girls and Boys Town USA National Projects;
Cal Ripken, Sr. Foundation;
Milton Eisenhower Foundation;
Simon Wiesenthal Center for the Tools for Tolerance
Program;
Girl Scouts for America for Project Anti-Violence
Education;
Girl Scouts of America's Beyond Bars Project;
SEARCH National Technical Assistance and Training Program;
National Fatherhood Initiative;
I-SAFE; and
National Hispanic Juvenile Delinquency Program;
Victims of Trafficking.--The Committee recommendation
provides $4,000,000 for grants for State and local law
enforcement to improve programs to investigate and prosecute
acts of severe forms of trafficking in persons and sex
trafficking, and for other purposes authorized under section
204 of the Trafficking Victims Protection Reauthorization Act
of 2005.
State Prison Drug Treatment.--The Committee recommendation
provides $1,000,000 for grants for residential substance abuse
treatment for State prisoners.
Drug Courts.--The Committee recommendation provides
$15,000,000 to assist States, local units of government, and to
other public or private entities to develop and implement
programs for non-violent offenders with substance abuse
problems.
Capital Litigation.--The Committee recommendation provides
$7,000,000 for Capital Litigation Improvement Grants, as
authorized in the Justice For All Act. The Committee directs
that any grants provided for the Capital Litigation
Improvements, shall be provided pursuant to section 426 of the
Justice For All Act, Public Law 108-405.
Mentally Ill Offender Act.--The Committee recommendation
provides $5,000,000 for continuing judicial supervision--
including periodic review over preliminarily qualified
offenders with mental illness, mental retardation, or co-
occurring mental illness and substance abuse disorders who are
charged with misdemeanors and/or nonviolent offenses.
Sexual Offender Registry.--The Committee recommendation
provides $1,984,000 for the training and technical activities
of the Comprehensive Sex Offender Management initiative as well
as the implementation and maintenance of a national citizen
access portal for public State sex offender registries.
WEED AND SEED PROGRAM
Appropriations, 2006.................................... $49,361,000
Budget estimate, 2007................................... 49,348,000
House allowance......................................... 49,348,000
Committee recommendation................................ 40,000,000
The Committee recommendation provides $40,000,000, the
House provided funding in a different account. The
recommendation is $9,361,000 below the fiscal year 2006 enacted
level and $9,348,000 below the budget request.
COMMUNITY ORIENTED POLICING SERVICES
Appropriations, 2006.................................... $457,382,000
Budget estimate, 2007................................... 102,096,000
House allowance......................................... 541,697,000
Committee recommendation................................ 537,633,000
The Committee recommendation provides $537,633,000. The
recommendation is $80,251,000 above the fiscal year 2006
enacted level and $435,537,000 above the budget request.
Local law enforcement is not only essential to ensure the
safety of the public, but also plays a critical role in
preventing and responding to terrorist threats. Since its
creation, the Community Oriented Policing Services [COPS]
office has assisted State and local law enforcement agencies by
providing grants, training, and technical assistance that not
only ensure public safety from traditional crime, but also
better enables law enforcement officers to address the growing
threat from terrorist organizations.
The Committee recommendations are displayed in the
following table:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
Training and Technical Assistance...................... 3,000
BulletProof Vests...................................... 20,000
Tribal Law Enforcement................................. 31,065
Meth Hot Spots......................................... 85,000
DEA/State and Local Meth Removal and Disposal...... [20,000]
Pregnant and Parenting Women Methamphetamine [4,000]
Offenders.........................................
Law Enforcement Technology............................. 110,000
Criminal Records Upgrades.............................. 5,000
DNA Backlog/Crime Lab Improvement...................... 175,568
Paul Coverdell Forensic Science........................ 18,000
Project Safe Neighborhoods [PSN]....................... 30,000
National Prosecutors............................... [4,500]
Gang Violence Program.............................. [15,000]
Project ChildSafe.................................. [992]
Victim's Assistance................................ [4,000]
Offender Re-entry...................................... 5,000
Child Sexual Predator Elimination...................... 55,000
----------------
Total............................................ 537,633
------------------------------------------------------------------------
Any deviations from the above plan are subject to the
reprogramming requirements of section 505.
PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS
Training and Technical Assistance.--The Committee
recommendation provides for $3,000,000 for COPS to provide
Training and Technical Assistance to assist agencies with
developing innovative community policing strategies through
applied research and evaluation initiatives.
Bullet-Proof Vests.--The Committee recommendation provides
$20,000,000 for COPS testing of bullet-proof vests. Of the
amount provided $5,000,000 is for the National Institute of
Standards and Technology's [NIST] Office of Law Enforcement
Standards [OLES] to continue supporting the ballistic and stab-
resistant material compliance testing programs, as well as for
other technical support related to public safety weapons and
protective systems.
Tribal Law Enforcement.--The Committee recommendation
provides $31,065,000 for tribal law enforcement efforts, which
is the same as the budget request. The recommendation combines
funds in this heading with funds previously appropriated under
State and Local Law Assistance. These funds may be used for
training, hiring equipment, court improvement projects, and
alcohol and substance abuse reduction programs.
The Committee notes the condition of certain Navajo Nation
detention facilities and urges the Department of Justice to
take action to address Navajo Nation detention facilities in
need of repair. The Navajo Nation, with a population of
300,000, is the largest American Indian tribe, and with a
reservation larger than 25,000 square miles, Navajo Nation
public services are struggling to contain crime, which has
risen to levels many times higher than national averages.
Adequate detention facilities are needed to address these
levels. The Department of Justice shall review the state of
existing detention facilities and the need for new detention
facilities on Navajo Nation land and not later than 5 months
after the date of the enactment of this act shall provide a
report to the Committees on Appropriations on its findings
regarding Navajo Nation detention facilities and a description
of actions that have been or will be taken by the Department
relating to such facilities.
Methamphetamine Hot Spots.--The Committee recommendation
provides $85,000,000 to State and local law enforcement
programs to combat methamphetamine production and distribution,
to target drug ``hot spots,'' and to remove and dispose of
hazardous materials at clandestine methamphetamine labs. The
Committee recommendation includes $20,000,000 to reimburse the
Drug Enforcement Administration for assistance to State and
local law enforcement for proper removal and disposal of
hazardous materials at clandestine methamphetamine labs and to
initiate container programs.
Pregnant and Parenting Women Who Are Methamphetamine
Offenders.--The Committee is concerned about the use of
methamphetamine among pregnant and parenting women and
recommends $4,000,000 for competitive grants to be awarded by
the Attorney General to address the use of methamphetamine
among pregnant and parenting women offenders. Grants awarded
under this section shall be used to facilitate or enhance
collaboration between the criminal justice, child welfare, and
State substance abuse systems. The Attorney General shall make
these grants available to States, territories, and Indian
tribes.
Within the amounts provided for methamphetamine hot spots,
the COPS program office shall give priority consideration to
the following proposals:
Methamphetamine Enforcement, Treatment and Prevention--
Nebraska State Patrol;
City of Tucson, Arizona;
Methamphetamine Law Enforcement, Education, and Treatment,
Alaska;
Lincoln County Methamphetamine Initiative; Lincoln County
Oregon;
Methamphetamine Initiative: Juvenile Outreach and Community
Prosecution; Clackamas County, Oregon;
University of Missouri Methamphetamine Family Intervention;
Chemical Sensor Array for Methamphetamine Lab and Illicit
Drug Detection (Alabama);
Drug Task Force, New Hampshire;
Adolescent Methamphetamine Treatment Program--Boys and
Girls Home of Nebraska;
Meth Clean Up and Enforcement--City of Andalusia, Alabama;
Alabama District Attorneys Association Methamphetamine
enforcement;
Integrating Systems against Methamphetamine Abuse--
University of Nebraska Medical Center;
Alabama Police Chief's Association Methamphetamine
enforcement;
Mississippi Department of Public Safety Statewide
Methamphetamine Policing Initiative;
Delta/Montrose, Colorado, Drug Task Force;
Northern Kentucky Drug Strike Task Force;
Uintah Basin Methamphetamine Project, Utah;
MoSmart Methamphetamine Initiative, Missouri;
Missouri River Drug Task Force, Montana;
South Dakota Sheriffs Meth Hot Spot & Drug Interdiction
Project;
Greenville, Mississippi, Methamphetamine;
Alabama Sheriff's Association Methamphetamine enforcement;
Henderson, Nevada/DNA Technology;
Tennessee Statewide Methamphetamine Task Force;
City of Sioux City, Iowa;
New Mexico Department of Public Safety Methamphetamine
Enforcement Initiative;
Carson City, Nevada, Anti-Meth Project;
Jefferson County, Colorado, Sheriff's Department West Metro
Drug Task Force;
Methamphetamine Detection UAV, Alabama;
Boys and Girls Home of Nebraska Adolescent Methamphetamine
Treatment Program;
State of Iowa Office of Drug Control Policy for Regional
Meth Enforcement Teams;
City of Craig, Colorado, Police Department for the Greater
Routt and Moffat Narcotics Enforcement Team;
Montana Department of Justice Meth Catcher;
Nebraska State Patrol Methamphetamine Initiative;
Minot State University, Minot, North Dakota, for the Rural
Methamphetamine Demonstration Project;
State of Iowa Department of Public Health for Jail
Treatment Pilot Project in Polk, Scott Story and Woodbury
Counties;
District Attorney's Office 16th Judicial District,
Colorado, for the Drug Task Force;
Clackamas County, Oregon, for the Methamphetamine
Initiative;
Illinois Sheriffs Association for law enforcement and
clean-up of meth production and abuse;
Louisiana Methamphetamine Task Force;
Vigo County, Indiana, Methamphetamine Task Force Project;
University of Nebraska Medical Center Integrating Systems
Against Methamphetamine project;
City of Thornton, Colorado, Police Department for the North
Metro Drug Task Force;
Arkansas Sheriff's Association for the Methamphetamine
Reporting program;
Marion County, Oregon, for the ``Kids First'' Initiative;
Hawaii Comprehensive Methamphetamine Response;
Wisconsin Methamphetamine Law Enforcement Initiative;
City of Canon City, Colorado, Police Department for the
Canon City-Fremont County Combined Drug Task Force;
Arkansas Meth Hot Spots Initiative;
City of Alamosa, Colorado, Police Department for the San
Luis Valley Drug Task Force;
Methamphetamine Educational Training Project at the
Criminal Justice Institute in Little Rock, Arkansas;
City of Greeley, Colorado, Police Department for the Weld
County Drug Task Force;
Kids Hope United, Illinois, for family preservation
services for meth-affected families;
GMH Crisis Combating Methamphetamine Project, New York;
Eagle County, Colorado, Sheriff's Office for the Drug Task
Force;
Montezuma County, Colorado, Sheriff's Office for the 22nd
Judicial District Drug Task Force;
State of Iowa Office of Drug Control Policy for Anti-Meth
Anhydrous Ammonia Tank Lock Program;
Rural Methamphetamine Enforcement and Treatment, North
Dakota; and
Washington State Methamphetamine Initiative.
Law Enforcement Technology Program.--The Committee
recommendation provides $110,000,000 for the COPS Law
Enforcement Technology Program. Within the funds provided,
$5,000,000 shall be transferred to NIST to continue the efforts
of the OLES toward developing a comprehensive suite of minimum
standards for law enforcement communications. The Committee
understands the critical need for minimum standards for law
enforcement communications equipment and strongly supports the
standards being designed and implemented by the COPS office, in
consultation with the National Institute of Justice's Office of
Science and Technology [OS&T], as well as the Bureau of Justice
Assistance. Coordination of Federal efforts is critical.
Therefore, OS&T should continue to assist COPS in incorporating
existing minimum standards into the formulation of this grant
program.
The Committee commends the Institute for Telecommunication
Sciences [ITS] in Boulder, Colorado, for their efforts and
contributions to the public safety communications statement of
requirements. Their contributions have been critical in
addressing issues plaguing public safety organizations for
decades.
Interoperable Standards.--The Committee is pleased that
significant progress has been made in the issuance of standards
to specify the required functionality for the Project 25 Inter-
RF-Subsystem Interface [ISSI], Console Interface, and Fixed
Station Interface for land mobile radio systems. The Committee
directs that funds provided to OLES for standards development
under this section should be used to complete the remaining
aspects of these interfaces, including conformance and
interoperability test standards for each of the interfaces. The
Committee directs that within 90 days of the enactment of this
act, OLES shall submit a report to the Committee detailing the
process to ensure that equipment procured using Federal grant
dollars complies with the requirements of the available
standard(s).
Within the amounts provided, the COPS program office shall
give priority consideration to the following proposals:
Tohono O'odham Nation-Arizona;
Torrance County, New Mexico, Sheriff's Department Tech
Upgrades;
Tucson Police Department--Criminal Alien Fingerprint
Identification System, Arizona;
Hoosier Safe-T Net Digital Radio System, Indiana;
Dickinson County, Iowa;
The CHILD Project, New Hampshire;
Orem City Broadband Interoperable Network, Utah;
Austin Police Department Technology, Texas;
Montgomery Alabama, Police Department Automated Fingerprint
Identification System;
Colorado ID Theft Prevention;
University of Southern Mississippi Rural Law Enforcement
Training;
State of Alabama Forensic Science Laboratory Sciences;
City of St. Joseph Law Enforcement Communications System,
Missouri;
Wyoming's Statewide Public Safety Interoperable Radio
Communications Project [WyoLink];
Statewide COPS Technology initiative, Louisiana;
Cincinnati Police Department: Risk Management/Digital
Mobile Audio/Video Recording;
National Center for Missing and Exploited Children--
National Disaster Displaced Persons Center, Virginia;
Rogersville, Alabama, COPS Law Enforcement Technology;
University of Central Florida--Florida Data Sharing
Consortium (State University System of Florida);
Benton Police Department, Kentucky;
Autaugaville, Alabama, Police Technology Upgrading;
City of Murray Police Department, Kentucky;
City of Erie Police Department Technology and Equipment,
Pennsylvania;
Cumberland County Public Safety Answering Point,
Pennsylvania;
City of Talladega, PD tech upgrades;
Wise County Children's Identification and Location Database
[CHILD] Project, Virginia;
University of Southern Mississippi--Automated Systems
Project;
Northwest Alabama In-Car Video Enforcement Initiative;
City of Henderson, Kentucky, Mobile Data Terminals;
County-wide Trunk Communication System Project, Tuscaloosa,
Alabama;
Troy, Alabama, Mobile Data Terminals/Troy PD Equipment
Upgrades;
Emergency Operations Center, City of Jackson, Tennessee;
St. Clair County, Alabama, Law Enforcement Interoperable
Security Network Upgrade;
Gadsden, Alabama, Law Enforcement Technology Upgrades;
City of Owensboro, Kentucky, Crime Enforcement Technology;
City of East Point, Georgia, Law Enforcement Technology
Upgrades;
Criminal Information Sharing Alliance Network/Idaho State
Police, Idaho;
Public Safety Communications Project for the City of Rock
Hill, South Carolina;
City of Albuquerque, New Mexico, Public Safety
Comprehensive Information System;
Henderson, Nevada/DNA Technology;
City of Kingsport, Tennessee, Community Safety Equipment;
Center for Higher Learning Indoor Marijuana Detection
Technology Program;
Bessesmer, Alabama, CAD Solution;
Calera, Alabama, Law Enforcement Technology Improvements;
York County, Pennsylvania, Department of Emergency Services
interoperable communications upgrade;
Alaska Public Safety Information Network Project;
Denver Regional Council of Governments--Pictometry
Technology, Colorado;
Public Safety Radio System, Memphis, Tennessee;
City of Bettendorf, Iowa;
Victim/Witness Services of South Philadelphia, Inc.,
Pennsylvania;
Allentown, Pennsylvania, Police Department interoperable
communications upgrade;
City of Philadelphia, Police Department Interoperability;
Beaver County, Pennsylvania, Emergency Services Center;
Cameron County, Pennsylvania, Office of Emergency Services;
Derry Township, Pennsylvania, justice assistance equipment
and technology upgrades;
Indianapolis, Indiana, Law enforcement technology;
Greenville, Alabama, Mobile Data Terminals & Equipment
Upgrades;
Dauphin County Emergency Management System Improvement,
Pennsylvania;
City of Auburn, Alabama, Police Technology Improvements;
Jasper, Alabama, Police Department Improvements;
Luverne, Alabama, Police Department Improvements;
City of Athens, Alabama, Law Enforcement Technology
Upgrade;
Headland, Alabama, Police Communications/Equipment
Upgrades;
Beaumont Public Safety Communications Upgrades, Texas;
Northeast Alabama Regional Mobile Data System;
Atmore, Alabama, Police Department Technology Improvements;
Dallas Police Department Technology, Texas;
Laredo Police Interoperability Upgrades, Texas;
Midwest City Radio Communication System Upgrade, Oklahoma;
University of Central Oklahoma/State of Oklahoma Forensic
Laboratory Program, Oklahoma;
Arizona Department of Public Safety;
Louisville Regional Computer Forensics Lab, Kentucky;
SE Kansas In-Car Video Technology;
Alabama District Attorneys Computer Forensics Laboratory;
Southeast Alabama Public Safety Communications Network;
Bethlehem-Allentown Regional Video Enforcement Initiative,
Pennsylvania;
City of Jackson, Mississippi, Law Enforcement Technology;
Jackson State University National Center for Biodefense
Communication;
Phenix City, Alabama, to Communications System Upgrade;
Red Bay, Alabama, COPS Technology Grant;
City of Yuma, Arizona;
Phoenix Police Department--Interoperability, Arizona;
Demopolis, Alabama, Interoperability Communications;
City of Montgomery, Alabama, Security Systems for
Courthouses and Corrections;
Huntsville, Alabama, Police Department in Car Video System;
Orange Beach, Alabama, Law Enforcement Upgrades;
City of Tempe--Interoperability, Arizona;
City of Tucson, Arizona;
Johnson County Sheriff Department, Indiana;
Alabama Department of Public Safety Law Enforcement
Integrity Program;
ADPS Digital In-Car Video System;
City of Mesa, Arizona;
City of Tempe--Criminal Alien Fingerprint Identification
System, Arizona;
Mississippi Department of Public Safety Statewide Law
Enforcement Technology Programs;
Hart County 9-1-1 Dispatch Center Improvement Project,
Kentucky;
Flathead, Montana, 9-1-1 Citizen and Responder Safety;
Central Piedmont Community College High, North Carolina--
tech crime scene investigation training;
City of Raleigh, North Carolina, Police Equipment for
Continuity of Operations;
Town of East Greenwich, Rhode Island, communications
systems upgrade;
Town of Foster, Rhode Island, wireless mobile data
communications;
Slocumb, Alabama, Police Department Technology Upgrades;
Mississippi University for Women Security Initiatives;
Uniontown, Alabama, Public Safety Technology Improvements;
Madison County, Alabama, P25 Interoperable Communications
System;
Mobile County, Alabama, Full Frequency Spectrum
Interoperability Public Safety Radio System;
Terre Haute Emergency Communications Equipment, Indiana;
Gulf Coast Communications 800 MHz Public Safety Network,
Florida;
Land Mobile Radio migration for multi-agency communications
network, Alaska;
City of Springfield, Missouri, Automated Field Reporting
System;
Mercer County, Pennsylvania, Department of Public Safety
emergency communications upgrade;
Macomb County, Michigan, for the Interoperability Project;
Windham, Connecticut, for law enforcement communications
equipment upgrades;
Northern Onondaga County, New York, for law enforcement
communications equipment upgrades;
City of Hartford, Connecticut, for the Public Safety
Complex;
City of Bellevue, Washington, for law enforcement
communications upgrades;
Delaware State Police Automated Fingerprint Identification
Center;
Louisiana State Police for Communications Technology
Upgrades;
City of Reno, Nevada, for the Mills B. Lane Justice Complex
for courthouse security;
State of Michigan International Border Interoperability
Communications;
City of Reno, Nevada, for the Truckee Meadows
Interoperability Project;
St. Clair County, Michigan, for the 800 MHz Infrastructure
Project;
Salve Regina University, Delaware, for the Digital Asset
Management System;
Passaic County, New Jersey, for the Management and
Information Sharing System;
Rockland County, New York, for the Public Safety
Interoperable Communications Network;
ROC-net in Rock Island, Illinois, for law enforcement
communications upgrades;
Milwaukee Police Department for law enforcement
technologies upgrades;
Honolulu Police Department Crime Lab Improvements, Hawaii;
Las Vegas Metropolitan Police Department, Nevada, for law
enforcement technology upgrades;
Vermont Forensic Laboratory;
Monroe County, Michigan, for the Interoperable Equipment
Project;
Marion County Sheriff's Office, Florida, for communications
equipment upgrades;
Nye County, Nevada, Sheriff's Office for law enforcement
equipment upgrades;
Westerly, Rhode Island, Police Department for technology
upgrades;
Juvenile Justice Information System [JJIS], Hawaii;
Billings, Montana, Police Department for the Patrol Vehicle
Project;
Hudson County and North Hudson, New Jersey, for Radio
Infrastructure Replacement;
Upper Peninsula, Michigan, for the Interoperable
Communications Consortium;
Kent County, Delaware, for law enforcement technology
upgrades;
Flagler County, Florida, for law enforcement equipment
upgrades;
Iowa Department of Public Safety for the Cold Case Squad
and DNA Backlog;
City of Modesto/Stanislaus County, California, for law
enforcement technology upgrades;
Brockton, Massachusetts, Police Information Technology
Improvement Initiative;
Vermont Department of Public Safety to advance the Vermont
Mobile Data and Imaging Project;
City of Melbourne, Florida, for law enforcement
communications equipment upgrades;
Will County, Illinois, for law enforcement technology
upgrades;
Downriver Mutual Aid, Michigan, for system preparedness;
Monroe County, New York, for the Regional Crime Laboratory;
City of Fresno, California, Police Department for law
enforcement technologies;
New Bedford, Massachusetts, Police Equipment and Technology
Upgrades;
North Dakota State University for their Forensic DNA
Analysis Lab;
City of Temple Terrace, Florida, for law enforcement
communications equipment upgrades;
Northern Nevada Area Communications Consortium for the
Public Safety Communications Interoperability project;
Arkansas State Police for the Automated Fingerprint
Identification System;
FoxComm Interoperable Communications Plan, Wisconsin;
Fond du Lac, Wisconsin, County Sheriff's Office for Digital
Car Cameras;
Carson City, Nevada, for the Western Nevada Regional
Communications System;
California Forensic Science Institute;
North Las Vegas, Nevada, Police Department for law
enforcement technology upgrades;
Kenosha County, Wisconsin, Sheriff's Department for
Communication Project Upgrades;
City of Elizabeth Police Department, New Jersey, for law
enforcement communications upgrades;
State of Michigan Criminal Justice Information Network for
the Next Generation LEIN program;
Marshall University, West Virginia, for the Forensic
Science Program;
West Virginia Division of Motor Vehicles Governor's Highway
Safety Program--integrated Automated License Plate Recognition
technology;
Marshall University, West Virginia, for the Computer
Forensics Initiative;
West Virginia University Forensic Science Initiative;
Baltimore County Police Department, Maryland, for forensic
crime lab improvements;
Prince George's County, Maryland, for their Interoperable
Radio System;
Broome County, New York, for the Computer Analysis and
Technical Services Unit Expansion; and
CapWIN Communications Network.
Criminal Records Upgrades.--The Committee recommendation
provides $5,000,000 to the National Criminal History
Improvement Program [NCHIP] for criminal history record
improvement to assist law enforcement entities in meeting
evolving Federal and State requirements concerning criminal
history and related records.
DNA Backlog/Crime Log Improvement.--The Committee
recommends $175,568,000 to strengthen and improve the current
Federal and State DNA collection and analysis systems that can
be used to accelerate the prosecution of the guilty while
simultaneously protecting the innocent from wrongful
prosecution. The Committee directs the Office of the Inspector
General to conduct an audit of all DNA funding decisions to
ensure the funds are distributed in a competitive peer review
grant administration process. The OIG shall also examine why
significant unobligated balances exist simultaneously with
significant DNA backlogs. The Committee directs that the audit
shall evaluate the composition of the awarding entities and
ensure that these monies are being distributed in a manner
where all applicants are equally evaluated.
Paul Coverdell Forensic Science.--The Committee
recommendation provides $18,000,000 for the Paul Coverdell
Forensic Sciences Improvement Grants. Coverdell grants are
intended to improve the quality and timeliness of forensic
science and medical examiner services, including services
provided by laboratories operated by states and those operated
by units of local government. Coverdell grants provide
flexibility to State and local crime labs by allowing them to
obtain funds to address their most critical needs.
Project Safe Neighborhoods [PSN].--The Committee
recommendation provides $30,000,000 for PSN which will
centralize the coordination of DOJ efforts to assist
communities and private citizens in protecting neighborhoods
against the threats of violent crime and gang-related violence.
This initiative will provide assistance and programs in a
focused effort to address crime and violence in adversely-
impacted neighborhoods. Within the amounts provided: $4,500,000
is for State and local prosecutor training; $15,000,000 is for
the Gang Technical Assistance Program; $992,000 for Project
ChildSafe; and $4,000,000 for the activities authorized for the
support of the National Crime Victim Law Institute and its
clinic organizations that provide legal counsel and support
services for victims in criminal cases for the enforcement of
crime victims' rights. The Committee denies the Department's
request to further consolidate funding for other programs under
a single heading and has chosen to continue to fund those
programs as separate line items to ensure proper oversight of
the funds within these accounts.
Offender Re-entry.--The Committee recommendation provides
$5,000,000 for prisoner re-entry which is designed to reduce
recidivism and the societal costs of crime by helping released
offenders find stable employment and housing when they return
to their communities.
Child Sexual Predator Elimination.--The Committee
recommendation provides $55,000,000 for a new national
initiative to provide grants to State and local governments to
locate, arrest and prosecute sexual predators. The Committee
recommends the appointment of an Assistant U.S. Attorney in
each judicial district as a coordinator to prepare a
comprehensive, district-wide strategy in consultation with
social services providers and partners from Federal, State and
local law enforcement agencies. The Committee directs the COPS
office to coordinate with the National Center for Missing and
Exploited Children in developing a program that includes
detection, apprehension, and prosecution of sex offenders who
victimize children. The Committee believes it is essential to
build specialized units in law enforcement agencies across the
country to attack this problem in a concerted, coordinated
manner. The grants should assist State and local law
enforcement entities to specifically focus on sexual predators
who fail to register, child sexual exploitation and sex
offenders who prey upon children. These predator units should
be created in a manner that is geographically balanced and
levels itself to testing the model in various settings; major
urban police departments, State law enforcement agencies,
smaller jurisdictions, and regional groupings of agencies. The
Prosecutorial Remedies and Other Tools to End the Exploitation
of Children Today Act of 2003, Public Law 108-21 authorized
grants for Sex Offender Apprehension Programs.
Management and Administration.--The Committee
recommendation provides that up to $26,950,000 of balances made
available as a result of prior year de-obligations may be
obligated for program management and administration, any
balances made available as a result of prior year de-
obligations in excess of $26,950,000 shall be only obligated in
accordance with section 505 of this act. In addition,
consistent with prior practice, reimbursable funding for
management and administration costs will be made available from
programs administered by OJP from the ``Community Oriented
Policing Services'' account.
JUVENILE JUSTICE PROGRAMS
Appropriations, 2006.................................... $338,361,000
Budget estimate, 2007...................................................
House allowance......................................... 285,739,000
Committee recommendation................................ 300,200,000
The Committee recommendation provides $300,200,000. The
recommendation is $38,161,000 below the fiscal year 2006
enacted level and $300,200,000 above the budget request.
The Committee recommendations are displayed in the
following table:
JUVENILE JUSTICE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Part A: Coordination of Federal Effort................. 700
Part B: State Formula Grants........................... 73,000
Small Non-Profit T/TA.............................. [9,000]
Part E: Demonstration Programs (2002 Reauth)........... 76,500
Part G: Juvenile Mentoring............................. 5,000
Title V: Incentive Grants.............................. 65,000
Big Brothers & Big Sisters......................... [5,000]
Incentive Grants................................... [5,000]
Tribal Youth Program............................... [10,000]
Gang Prevention.................................... [20,000]
Enforcing Underage Drinking Laws................... [25,000]
Secure Our Schools Act................................. 10,000
VOCA--Improving Investigation and Prosecution of Child 20,000
Abuse Program.........................................
Juvenile Accountability Block Grant [JABG]............. 50,000
----------------
Total............................................ 300,200
------------------------------------------------------------------------
The Committee expects to be consulted prior to any
deviation from the above plan.
Accountability Based Sanctions for Juveniles.--The purpose
of the accountability based sanctions is to ensure that
juvenile offenders face uniform and consistent consequences and
punishment that correspond to the seriousness of each
offender's current offense, history, and special treatment or
training needs. The Committee recommends $73,000,000 to be
available for expenses authorized by part B of title II of the
act, including training and technical assistance to help small,
non-profit organizations with the Federal grants process.
Within this amount, $26,000,000 is for the purpose of providing
additional formula grants under part B to States that provide
assurances to the Administrator that the State has policies and
programs that ensure that juveniles are subject to
accountability-based sanctions for every act for which they are
adjudicated delinquent.
Discretionary Grants.--The Committee recommendation
provides $76,500,000 for part E programs. Within the amounts
provided, OJP shall give priority consideration to the
following proposals:
Statewide DARE coordinator, Alaska;
Team Focus Mentoring and Education Program, Alabama;
Youth Violence Reduction Grant Program, Pennsylvania;
LOU Angel Ranch, Mississippi;
Alaska Community in Schools Mentoring program;
Boulder Options, Minnesota;
Community Prevention Intervention for Youth--Council on
Substance Abuse--NCADD, Montgomery, Alabama;
Granite School District, Project START (Students Taking
Action and Responsibility Together), Utah;
Preparing court-involved Youth for Jobs in High Growth/High
Demand Industries, Ohio;
An Achievable Dream;
Alabama School of Fine Arts Community Outreach Program;
Child Protection Program/Nez Perce Tribe, Lapwai, Idaho;
Bethesda Home for Boys, Savannah, Georgia;
Charlotte Gang of One Pilot Program, North Carolina;
VIVA Hispanic Adult Leadership Outreach Program, New Mexico
and Florida;
Crimes vs. Children Research Ctr, New Hampshire;
Youth Safe Havens, New Hampshire, 4-H Youth & Families with
Promise;
BYU--Public Schools Partnership, Prevention Plus, Utah;
Alaska Safe Schools Initiative Prevention Program;
City of Gulf Shores, Alabama, Youth Outreach and Drug
Prevention Program;
Alaska Mentoring Demonstration Project;
Lehigh County, Pennsylvania, Juvenile Probation Department
at-risk youth program;
Friends of the Alaska Children's Trust-child abuse
prevention program;
Alaska Youth Courts;
Phoenix House--Increasing Access to Substance Abuse
Treatment Services for Texas Youth;
Texas Team Focus Youth Mentoring Program;
Alaska Child Advocacy Center;
Alabama Institute for the Deaf and Blind At-Risk Youth and
Families Program;
Miami-Dade State Attorney's Office Multi-Agency Gang Task
Force, Florida;
UAB--CAST--Communities and Schools Together;
Jefferson County, Alabama, Youth Academy Program;
Zero to Three for Forest County, Mississippi Youth Grant;
Central Utah Center for Children and Women in Crisis;
Ogden City School District, The Curriculum Enhancement
Project for At-Risk Students, Utah;
Family Support Services for at-risk youth, South Dakota;
Shining Star Leadership Program, Alabama;
Center for Law and Civic Education, Alabama;
City of Jackson, Mississippi, juvenile justice and
delinquency prevention programs;
Oquirrh Recreation and Parks District, Juvenile Outreach
Program, Utah;
Mentoring Children of Kansas Prisoners;
Butte-Silver Bow Youth Project, Montana;
The Marcus Institute--Atlanta, Georgia;
University of South Alabama Youth Violence Prevention
Research;
Sandy City Police Department Children At-Risk Intervention
(C.A.R.I.) Program;
Orlando Regional Healthcare--Healing Tree Program;
City of Philadelphia, Pennsylvania, Youth Violence
Reduction Partnership;
Lee County, Mississippi, Sheriff Department for statewide
DARE programs;
Jefferson County, Alabama, Mentoring and Education Program;
RamKids Project, Alabama;
Yellowstone Living Independent and Fostering Empowerment
Partnership, Montana;
National Child Protection Center at Winona State
University, Minnesota;
Vermont Children and Families Council for Prevention
Programs [CFCPP];
Go Girl Go, Chicago Initiative, Illinois;
Public Allies to expand youth development services in
Bridgeport, Hartford, and New Haven, Connecticut;
Shedd Aquarium, Illinois, for the At-Risk Youth Monitoring
Initiative;
Children's Advocacy Centers of Louisiana;
American Ballet Theatre for the Make a Ballet program for
at-risk youth, New York, New York;
Bridgeport Lighthouse, Connecticut, for After-school
Programs;
City of Hartford, Connecticut, Youth Services Division for
an Anti-Youth Violence Initiative;
Zero to Three for Court Teams for Maltreated Infants and
Toddlers in Des Moines, Iowa;
Union City, New Jersey, for the Collaborative Anti-Gang and
Youth Violence;
Boston, Massachusetts, Youth and Gang Strategic Crime
Initiative;
Hawaii Rural Youth Outreach Programs conducted by the YMCA
and the Boys and Girls Club of Hawaii;
Los Angeles, California, Community Law Enforcement and
Recovery [LA CLEAR] and Gang Reduction Programs;
Terrebonne Parish Early Intervention Program, Louisiana;
Ruth Ellis Center, Michigan, for the Street Outreach
Program;
Project Get REAL in Nassau County, New York;
Children's Outing Association Youth & Family Centers
Citywide Milwaukee Teen Center, Wisconsin;
The Providence After School Alliance for the AfterZone
Youth Anti Crime Strategy, Rhode Island;
State of Iowa Criminal and Juvenile Justice Planning Office
for Community Based Juvenile Intervention;
Children & Families First to establish truancy prevention
programs in Kent and Sussex Counties, Delaware;
Essex County, Massachusetts, Heroin and Oxycontin Outreach
and Education Program;
Town of Brookhaven, New York, for the Brookhaven
Constituent Response System;
Klingberg Family Centers, Connecticut, for the Delinquency
Prevention Initiative;
Hagedorn-Hempstead Initiative, New York;
McKinley County, New Mexico, for Juvenile Detention Center
Programs;
Vermont Treatment Court Enhancement Project;
Red River Children's Advocacy Center, North Dakota;
State of Iowa Office of Drug Control Policy for Drug
Endangered Children;
Wayne County, Michigan, for the Truancy Reduction
Initiative;
La Plazita Institute, New Mexico, for the Center on Latino
Youth Development;
Say Yes to Education, New York, New York;
Big Brothers Big Sisters of Sangamon County, Illinois;
Pace Center for Girls JAIS System, Jacksonville, Florida;
Ohel Children's Home and Family Service, New Jersey, for
At-Risk Youth and Child Abuse Prevention;
Coalition of State Police Athletic Leagues, New Mexico, for
a Gang-Prevention-Intervention Program;
Spectrum Youth and Family Services, Vermont, for the
Spectrum One Stop;
NPowerNY Technology Service Corps, New York, New York;
Fargo Indian Center, Fargo, North Dakota;
Chicago Scores, Illinois, for after school workshops for
at-risk youth;
Asian American LEAD, Maryland, for the leadership and
resiliency program;
Baltimore School for the Arts, Maryland, for the To Work In
Gaining Skills [TWIGS] program;
Latin American Youth Center, Maryland for juvenile
delinquency prevention programs;
Safe and Sound, Maryland for juvenile delinquency
prevention programs;
Montgomery County, Maryland, for gang reduction efforts;
A statewide anti-gang initiative in Maryland; and
LA's BEST, Los Angeles, California.
Gang Prevention.--The Committee recommendation provides
$20,000,000 for this anti-gang education initiative.
Enforcing the Underage Drinking Laws Program.--Within the
funds provided in the At-Risk Children Program (title V), the
Committee provides $25,000,000 for grants to assist States in
enforcing underage drinking laws.
Secure Our Schools Act.--The Committee recommendation
provides $10,000,000 for expenses authorized by the Secure Our
Schools Act that support efforts to ensure school safety and
crime deterrence, coordinated with State and local law
enforcement agencies.
Victims of Child Abuse Act.--The Committee recommendation
provides $20,000,000 for the various programs authorized under
the Victims of Child Abuse Act [VOCA] (Public Law 101-647).
Within the funds provided, $4,000,000 shall be for Regional
Child Advocacy Centers Programs. The Regional Children's
Advocacy Centers [RCACs] were established through the Victims
of Child Abuse Act to provide information, consultation,
training, and technical assistance to communities, and to help
establish child-focused programs that facilitate and support
coordination among agencies responding to child abuse. The
RCACs and the National Children's Alliance [NCA] have
identified several joint initiatives which include: developing
centers in under-served areas; support and development of
Tribal CACs; constituent involvement; marketing; and public
awareness. In working on these initiatives, the RCACs have
created programs such as the National Training Academy, which
trains professionals and multi-disciplinary teams investigating
child abuse, and the telemedicine pilot project, which assists
remote areas in investigating child abuse.
Juvenile Accountability Block Grant Program.--The Committee
recommendation provides $50,000,000 to support States in
developing programs that promote greater accountability among
offenders in the juvenile justice system.
PUBLIC SAFETY OFFICERS BENEFITS
Appropriations, 2006.................................... $72,834,000
Budget estimate, 2007...................................................
House allowance......................................... 73,828,000
Committee recommendation................................ 73,834,000
The Committee recommendation provides $73,834,000. The
recommendation is $1,000,000 above the fiscal year 2006 enacted
level and $73,834,000 above the budget request. The budget
request proposed to consolidate this account within a different
account in Justice Assistance.
The recommendation provides $65,000,000 for all mandatory
funding for death benefits under the Public Safety Officers
Benefits Program. This program provides a lump-sum death
benefit payment to eligible survivors of Federal, State, and
local public safety officers whose death was the direct and
proximate result of a traumatic injury sustained in the line of
duty. In addition, $4,827,000 is provided to pay for disability
benefits to public safety officers who are permanently disabled
in the line of duty. Further, $4,007,000 is available for the
program which provides payments for education purposes to the
dependents of Federal, State, and local public safety officers
who are killed or permanently disabled in the line of duty.
General Provisions--Department of Justice
The Committee recommends the following general provisions:
Section 101 makes up to $30,000 of the funds appropriated
to the Department of Justice available for reception and
representation expenses.
Section 102 prohibits the use of funds in this title to pay
for an abortion except where the life of the mother would be in
danger.
Section 103 prohibits the use of funds in this title to
require a person to perform or facilitate an abortion.
Section 104 requires female prisoners to be escorted when
off prison grounds.
Section 105 allows the Department of Justice, subject to
the Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation. The
provision also prohibits transfers of funds from the Bureau of
Prisons Buildings and Facilities account unless the President
certifies that such a transfer is necessary to the national
security interests of the United States and also subjects any
such transfers to section 505 of this act.
Section 106 makes permanent a personnel management
demonstration project.
Section 107 provides authority for the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to use confiscated funds
during undercover operations.
Section 108 limits the placement of maximum or high
security prisoners to appropriately secure facilities.
Section 109 restricts Federal prisoner access to certain
amenities.
Section 110 provides for a report from the investment
review board.
Section 111 requires the Department of Justice to budget
for security details within the General Administration account
and places the United States Marshals in charge of security
details for all Department of Justice leadership officials.
Section 112 requires the availability of appropriations for
obligation beyond the current fiscal year to comply with
reprogramming procedures.
Section 113 requires the Government Accountability Office
to certify the FBI is using a performance management baseline
that complies with OMB standards.
Section 114 requires the Government Accountability Office
to certify that the FBI has met certain standards to control
costs related to computer acquisitions.
Section 115 requires the Bureau of Prisons to execute their
financial plan as reflected in this report.
Section 116 requires additional position on the Justice
Commission to review Federal, State, local, and tribal
jurisdiction over civil and criminal matters in Alaska.
TITLE II
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
The Committee recommends a total of $7,129,745,000 for the
Office of the United States Trade Representative, the
International Trade Commission, and the Department of Commerce
[DOC]. The recommendation is $575,273,000 above the fiscal year
2006 enacted level, excluding supplemental appropriations, and
$821,226,000 above the budget request.
The Committee recognizes that the Department has highly
diverse and specialized offices, research laboratories, and
applied technology programs, all staffed by extremely dedicated
people. Some of the Nation's top business analysts, technical
engineers and environmental researchers are employed by the
Department.
The Nation relies on DOC to maintain America's
competitiveness within today's foreign markets, and to promote
and expand our international trade agreements. Programs within
the Department continue to protect our businesses' intellectual
property and maintain a high level of technical standards. The
National Institute of Standards and Technology, in particular,
has consistently demonstrated over time the value of advancing
technical innovation while enhancing our economic security.
The National Oceanic and Atmospheric Administration [NOAA]
comprises about two-thirds of DOC's budget. It is the steward
of many of our marine resources, forecaster of our weather, and
surveyor of our coasts, among other responsibilities. Given
that the Pew Ocean Commission and the U.S. Commission on Ocean
Policy continue to criticize all levels of government for its
lack of international leadership regarding ocean issues, the
Committee remains concerned about the health of our ocean
community and future of marine research. The Committee's budget
recommendation of $4,431,323,000 supports many of the Joint
Ocean Commission's suggestions on improving our Nation's ocean
community; $753,188,000 above the Department's budgetary
request.
For an agency that constantly serves so many Americans, the
Committee cannot comprehend the Department of Commerce's
failure to champion NOAA's abilities. The Committee reaffirms
its belief that NOAA would serve our country better if allowed
to stand alone as an independent agency and out of the
Department of Commerce's shadow of business and trade. The
Committee notes with disappointment that departmental
regulations and added layers of bureaucracy dilute the agency's
budget and stymie its research initiatives, while offering
little protection from political influences.
Personnel Expenses.--Throughout this title, the Committee
recommends funding for personnel expenses, including the 2.2
percent pay raise proposed for fiscal year 2007, annualization
of the fiscal year 2006 pay raises and increases, and the
annualization of the fiscal year 2005 increase and positions,
unless otherwise provided below.
Proposed Fiscal Year 2006 Adjustments and Reductions.--The
Committee recommends all proposed decreases, base adjustments,
and offsets contained in the budget request, unless otherwise
provided below.
Department of Commerce Fiscal Year 2008 Budget
Submission.--Given the lack of clarity and transparency
provided in how budget decisions are justified, the Committee
directs that the fiscal year 2008 budget request for DOC shall
be a zero-based budget, where DOC shall identify and justify
every program, project and activity to be funded.
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
Appropriations, 2006.................................... $44,207,000
Budget estimate, 2007................................... 42,197,000
House allowance......................................... 46,207,000
Committee recommendation................................ 42,197,000
The Committee recommendation provides $42,197,000 for the
Office of the United States Trade Representative [USTR]. The
recommendation is $2,010,000 below the fiscal year 2006 enacted
level and the same as the budget request.
The USTR is responsible for developing and leading
international negotiations for the United States on policies
regarding international trade, direct investment, and
commodities. Its areas of responsibility include all matters
relating to the World Trade Organization, including
implementation of the Uruguay Round of multilateral trade
agreements; trade, commodity, and direct investment matters
dealt with by certain international institutions; industrial,
agricultural and services trade policy; and trade-related
protection of intellectual property and the environment.
The foreign policy agenda of the United States is
increasingly influenced by economic trade issues. This is due
largely to the growth of the global market economy and the
pursuit of open markets and free trade. Regardless of the
cause, trade negotiations and market access for American goods
and services now represent an integral component of United
States' relations with other countries. The Office of the USTR
has become, and will remain for the foreseeable future, an
integral component and essential interagency coordinator in the
development of trade policy and American diplomacy abroad. The
Committee recommendation acknowledges this important role.
World Trade Organization.--The Committee is aware of the
World Trade Organization [WTO] Appellate Body's January 16,
2003, ruling regarding the Continued Dumping and Subsidy Offset
Act (Public Law 106-387). The Committee directs USTR, in
consultation with the Department of Commerce, to continue to
negotiate within the WTO to seek express recognition of the
existing right of WTO Members to distribute monies collected
from antidumping and countervailing duties. The agency shall
consult with and provide regular reports to the Senate
Committee on Appropriations on this matter every 60 days.
Today's business models are complex, varied and global with
the United States [U.S.] increasingly relying on electronic
commerce to compete in the global market place. The Committee
directs the USTR to ensure that any negotiation or discussion
on electronic commerce in the WTO ensures that no digital
product or sector is excluded. The U.S. copyright industries
contribute up to 6 percent to the U.S. gross domestic product.
The Committee expects the USTR to utilize all phases of the WTO
accession process to achieve progress on the protection and
enforcement of U.S. intellectual property rights. This includes
the bilateral phase of negotiations where the USTR has the most
leverage to advance U.S. economic objectives with regard to
physical and digital piracy.
In addition, the Committee directs that negotiations be
conducted within the WTO consistent with the negotiating
objectives contained in the Trade Act of 2002, Public Law 107-
210, to maintain strong U.S. trade remedies laws, prevent
overreaching by WTO Panels and the WTO Appellate Body, and
prevent the creation of obligations never negotiated or agreed
to by the United States.
International Trade Commission
SALARIES AND EXPENSES
Appropriations, 2006.................................... $61,950,000
Budget estimate, 2007................................... 64,200,000
House allowance......................................... 62,575,000
Committee recommendation................................ 64,200,000
The Committee recommendation provides $64,200,000. The
recommendation is $2,250,000 above the fiscal year 2006 enacted
level and the same as the budget request.
The ITC is an independent, quasi-judicial agency
responsible for conducting trade-related investigations,
providing Congress and the President with independent technical
advice relating to United States international trade policy.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
Appropriations, 2006.................................... $393,830,000
Budget estimate, 2007................................... 408,782,000
House allowance......................................... 416,782,000
Committee recommendation................................ 413,782,000
The Committee recommendation provides $413,782,000. The
recommendation is $19,952,000 above the fiscal year 2006
enacted level and $5,000,000 above the budget request.
The Committee recommendations, by function, are displayed
in the following table:
INTERNATIONAL TRADE ADMINISTRATION FUNDING
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Manufacturing and Services............................. 47,328
Market Access and Compliance........................... 39,306
Import Administration.................................. 59,367
Trade Promotion and U.S. and Foreign Commercial Service 242,291
Executive Direction and Administration................. 25,490
Offsetting Fee Collections............................. (8,000)
----------------
Total............................................ 413,782
------------------------------------------------------------------------
Manufacturing and Services.--The Committee recommends an
appropriation of $47,328,000 for Trade Development. The
Committee directs the Department of Commerce to submit
quarterly reports to the Senate Committee on Appropriations on
actual savings resulting from streamlining and consolidation
efforts.
Market Access and Compliance.--The Committee recommends an
appropriation of $39,306,000 for Market Access and Compliance.
Import Administration.--The Committee recommends an
appropriation of $59,367,000. The recommendation includes
$2,000,000 for the Import Administration to continue to place
and maintain overseas enforcement officers, and to monitor
compliance with the World Trade Organization and other
international commitments on antidumping and subsidies.
Trade Promotion and United States and Foreign Commercial
Service [USFCS].--The Committee recommends an appropriation of
$242,291,000.
The Committee is aware of the Business Information Service
of the Newly Independent States [BISNIS] program's success in
producing a high level of export and investment results. The
BISNIS program is authorized and encouraged to develop
alternative sources of funding to leverage existing resources.
Funding for this program should be offset via fees, charges,
collections, recoveries and carryover as appropriate and as
consistent with the resources of U.S. small and medium-sized
businesses, acknowledging the difficulty involved in doing
business in Eurasian markets.
Appalachian-Turkish Trade Project.--The Committee
recognizes the importance of trade and investment opportunities
to the Appalachian Region, and it is encouraged by the findings
in reports that Appalachian firms could find significant trade
and investment opportunities, particularly in the energy,
hardwood, high technology, and transportation sectors, in the
Republic of Turkey and the surrounding region. In this regard,
the Committee supports the Appalachian-Turkish Trade Project
[ATTP], a project to promote opportunities to expand trade,
encourage business interests, stimulate foreign studies, and
build a lasting and mutually meaningful relationship between
Appalachian States and the Republic of Turkey, as well as
neighboring regions, such as in Greece. The Committee commends
the ARC for its leadership role in helping to implement the
mission of the ATTP. The Committee expects the ARC to continue
to be a prominent ATTP sponsor.
The Committee is aware that ITA reduced fees for export
promotion services and trade missions for 2005 hurricane-
affected companies. In light of the ongoing need to encourage
exporting and assist local businesses with their economic
recovery efforts, the Committee encourages ITA to find ways to
extend these fee reductions through fiscal year 2007 for
companies impacted by hurricanes in the gulf region.
Within the funding provided for ITA, $13,000,000 shall be
for the National Textile Center, and $3,000,000 shall be for
Auburn University for advanced research and development of
novel polymetrics.
Offsetting Fee Collections.--The Committee recommendation
does not include the proposed increase of $5,000,000 for
offsetting fee collections. The Committee is concerned that
small businesses can be adversely affected by the offsetting
fees that have been collected in the past and encourages ITA to
find ways that ensure all sizes of business can take advantage
of the services provided by ITA.
Executive Direction and Administration.--The Committee
recommends an appropriation of $25,490,000.
Any changes to the funding levels provided for in this bill
and report, including carryover balances, are subject to the
standard reprogramming procedures set forth in section 505 of
this act.
U.S. Export Assistance Center Staff.--In light of the
ongoing need to assist small- and medium-sized exporters, the
Committee directs ITA to assign one additional full-time
International Trade Specialist to assist small- and medium-
sized companies to Louisiana and one to Mississippi.
World Trade Organization.--The Committee is aware of the
World Trade Organization [WTO] Appellate Body's January 16,
2003, ruling regarding the Continued Dumping and Subsidy Offset
Act. The Committee directs the Department of Commerce, in
consultation with the Office of the U.S. Trade Representative,
to continue to negotiate within the WTO to seek express
recognition of the existing right of WTO Members to distribute
monies collected from antidumping and countervailing duties.
The agency shall consult with and provide regular reports,
every 60 days, to the Senate Committee on Appropriations.
In addition, the Committee directs that negotiations be
conducted within the WTO consistent with the negotiating
objectives contained in the Trade Act of 2002, Public Law 107-
210, to maintain strong U.S. trade remedies laws, prevent
overreaching by WTO Panels and the WTO Appellate Body, and
prevent the creation of obligations never negotiated or agreed
to by the United States.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
Appropriations, 2006.................................... $75,030,000
Budget estimate, 2007................................... 78,582,000
House allowance......................................... 76,806,000
Committee recommendation................................ 78,582,000
The Committee recommendation provides $78,582,000. The
recommendation is $3,552,000 above the fiscal year 2006 enacted
level and the same as the budget request.
The Bureau of Industry and Security [BIS] is the principal
agency involved in the development, implementation, and
enforcement of export controls for dual-use technologies. The
Export Enforcement Division detects, prevents, investigates,
and assists in the sanctioning of illegal dual-use exports.
Within the amount provided under this heading, $38,869,000
is for export administration, $33,224,000 is for export
enforcement, and $6,489,000 is for management and policy
coordination. These funds are provided to ensure BIS has the
necessary resources to reduce security threats, ensure
America's technological preeminence, and improve the recruiting
and retention of qualified personnel.
Economic Development Administration
Appropriations, 2006.................................... $280,432,000
Budget estimate, 2007................................... 327,167,000
House allowance......................................... 260,441,000
Committee recommendation................................ 280,441,000
The Committee recommendation provides $280,441,000. The
recommendation is $9,000 above the fiscal year 2006 enacted
level and $46,726,000 below the budget request.
The Economic Development Administration [EDA] provides
grants to local governments and nonprofit agencies for public
works, planning, and other projects designed to facilitate
economic development. Funding amounts for the two
appropriations accounts under this heading are displayed below.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
Appropriations, 2006.................................... $250,741,000
Budget estimate, 2007................................... 297,467,000
House allowance......................................... 230,741,000
Committee recommendation................................ 250,741,000
The Committee recommendation provides $250,741,000. The
recommendation is the same as the fiscal year 2006 enacted
level and $46,726,000 below the budget request. The Committee
expects EDA to use all available carryover and prior year
recoveries to the maximum extent possible.
The purpose of Economic Development Assistance Programs
[EDAP] is to stimulate employment and increase incomes in areas
that are characterized by underutilized resources which, if put
to productive use, can contribute to greater national
productivity and balanced national economic growth. The
structural economic problems of various geographic areas,
though having distinct characteristics, are interrelated. Thus,
an effective Federal economic development program must
transcend the conventional conceptions of urban and rural
development by addressing all geographic areas within a
framework of national priorities and resources.
Criteria for area eligibility under EDAP includes such
general indicators of distress as substantial and persistent
unemployment levels, low incomes, substantial out-migration due
to lack of job opportunities and slow job growth. A number of
additional, more specialized criteria may also qualify an area
for assistance. Eligibility for assistance may also be based on
a determination by the Secretary that a special need for
adjustment assistance exists. This need can result from sudden
and severe economic dislocation, such as base closures or
natural disasters, or from a long-term loss of economic
activity. EDAP provides public works and development facilities
projects to leverage investments that will create new,
permanent jobs in distressed areas. Grants are also awarded to
projects for economic development planning purposes, technical
assistance and economic adjustment to help areas address
structural economic changes, and support a range of evaluation
and research activities aimed at increasing understanding of
the processes of economic growth and development.
Given the Committee's tight fiscal constraints, and the
effort to preserve as much of the base program funding as
possible throughout the Department of Commerce the $46,726,000
requested increase for the Economic Development Assistance
Programs [EDAP] is denied.
The Committee is concerned about the negative impacts of
the proposal in the fiscal year 2007 budget request to
eliminate funding by separate accounts for public works,
technical assistance, research and evaluation, and economic
adjustment. By consolidating funding into one new regional
development account, the Committee is concerned that this will
leave gaps in providing much needed assistance to our rural
communities relying on these grants. The Committee, therefore,
rejects this consolidation, and continues funding for economic
development assistance programs as provided in the fiscal year
2006 enacted bill. The Committee recommendation includes
$155,000,000 for public works grants (title I); $26,655,000 for
planning assistance; $8,216,000 for technical assistance;
$870,000 for research and evaluation; $15,000,000 for trade
adjustment assistance; and $45,000,000 for economic adjustment
grants (title IX).
The Committee is concerned by the manner in which funds
appropriated for EDAP have been distributed to its six regional
offices. The Committee directs that 30 days after the enactment
of this act, all EDAP funds shall be distributed to the
regional offices in Atlanta, Georgia; Austin, Texas; Chicago,
Illinois; Denver, Colorado; Philadelphia, Pennsylvania; and
Seattle, Washington in accordance with the funding levels for
each account listed above and utilizing the EDA formula. EDA
shall notify the Senate Committee on Appropriations in writing
when all grant funds have been distributed to the regional
offices.
The Committee is aware of the exceptionally large
geographic area served by the Hawaii Economic Development
Administration office and increasing demands for services in
the area and recommends continued operation of this field
office to support promising applications for economic
development assistance in Hawaii and the American Pacific.
The Committee is aware of several proposals for economic
development or adjustment assistance and strongly urges EDA to
consider applications for the following proposals within
applicable procedures and guidelines and provide a grant, if
warranted: Bayou La Batre Seafood Industry Development,
Alabama; Ben Franklin Technology Partners Translational Action
Research Boards, Pennsylvania; Bioscience Entrepreneurial
Acceleration Program, Kansas; Boston Museum of Fine Arts,
Massachusetts; Capturing Economic Benefits for Oregon, Oregon;
City of Cleveland Flats East Bank Project, Ohio; City of
Hermitage Linden Pointe Technology and Innovation Center,
Pennsylvania; City of Lorain Department of Community
Development-Revolving Loan Fund Recapitalization, Ohio; City of
Ashland Water and Wastewater Improvements, Alabama; City of
Hartselle Industrial Park Infrastructure, Alabama; City of
Jackson, Thalia Mara Hall, Mississippi; City of Natchez,
Mississippi; Clarke County Industrial Park, Mississippi;
Community Clinic in Maui, Hawaii; Dayton Development Coalition-
Regional Strategic Manufacturing Industry Study and
Development, Ohio; Eastern Idaho Fair Multi-Purpose Events
Center and Covered Grand Stands, Idaho; Idlewild Cultural
Economic Development Project, Michigan; Grambling State
University Catfish Revitalization and Outreach Program,
Louisiana; Inland Northwest Network Connectivity, Washington;
Itawamba County Port Development, Mississippi; Lauderdale
County Industrial Park Site Development, Mississippi; Madison
County Economic Development Initiative, Mississippi; Malheur
County Incubation Center, Oregon; Manufacturing and Training
and Technology Center, New Mexico; Medford Higher Education
Center, Oregon; Mescalero Fish Hatchery, New Mexico; Metlakatla
Rock Crushing Project, Alaska; Minneapolis Empowerment Zone,
Minnesota; Northern Kentucky Center for Manufacturing,
Kentucky; Office of Tourism Rebirth Advertising Campaign,
Louisiana; Pearl River County, Mississippi; Phenix City
Commercial Development, Alabama; Port of Erie Pier
Reconstruction, Pennsylvania; Prentiss County, Mississippi;
Regional University Center, Oregon; Rural Business and Resource
Center in Partnership with Seminole State College, Oklahoma;
Sandoval County Broadband Initiative, New Mexico; Southern
University of New Orleans' Research Applied Science and
Business Development Facility, Louisiana; Sustainable
Horticulture Center, Oregon; The National 21st Century Plant
Product Center, University of Missouri-Columbia, Missouri;
Thomas More College Regional Health Sciences, Kentucky; Town of
Bridgeport for Commercial Development, Alabama; Tunica County
Economic Development Foundation, Mississippi; University City
Science Center's Project Soft Landing, Pennsylvania; University
of Southern Mississippi National Center for Excellence in
Economic Development and Entrepreneurship, Mississippi; Upgrade
Cumbres and Toltec Scenic Railroad's Track, Colorado; Wilcox
County Industrial Development Project, Alabama; Woodward
Community Campus, Oklahoma; Alabama A&M University Community
Development Program, Alabama.
SALARIES AND EXPENSES
Appropriations, 2006.................................... $29,691,000
Budget estimate, 2007................................... 29,700,000
House allowance......................................... 29,700,000
Committee recommendation................................ 29,700,000
The Committee recommendation provides $29,700,000. The
recommendation is $9,000 above the fiscal year 2006 enacted
level and the same as the budget request.
Office of Assistant Secretary.--The Committee
recommendation provides no more than $639,000 and five full-
time equivalents for the Office of Assistant Secretary. This
amount reflects a downward adjustment from the level requested
by the Department of $128,000 and one full-time equivalent. The
Committee understands that this office has been operating
efficiently and effectively at this reduced staffing level
throughout the year and appreciates the Secretary's willingness
to lead by example in this streamlining effort.
Office of Chief Counsel.--The Committee recommendation
provides no more than $482,000 and four full-time equivalents
for the Office of Chief Counsel. This amount reflects a
downward adjustment from the level requested by the Department
of $241,000 and two full-time equivalents.
Office of Information Technology.--The Committee
recommendation provides no more than $556,000 and six full-time
equivalents for the Office of Information Technology. This
amount reflects a downward adjustment from the level requested
by the Department of $93,000 and one full-time equivalent.
Office of External Affairs and Communications.--The
Committee recommendation provides $466,000 for the Office of
External Affairs and Communications. This amount reflects a
downward adjustment from the level requested by the Department
of $1,338,000 and seven full-time equivalents. The Committee is
disappointed by this office's continual and aggressive efforts
to circumvent appropriations law and undermine the long-
standing accommodation between EDA and the Committee.
Therefore, this recommendation provides no more than $115,000
and one full-time equivalent for the Intergovernmental Affairs
Division, and no more than $106,000 and one full-time
equivalent for the Public Affairs Division within this office.
Office of Management Services.--The Committee
recommendation provides $2,638,000 and 21 full-time equivalents
for the Office of Management Services. From within available
funds, no less than $1,322,000 and 11 full-time equivalents are
provided for the Budgeting and Performance Evaluation Division,
and no less than $919,000 and seven full-time equivalents are
provided for Administrative and Support Services within this
office. It is imperative that EDA have sufficient budgetary
personnel to provide the most accurate and up-to-date budget
information to the Department and Congress.
Regional Offices.--The Committee recommendation provides no
less than $2,500,000 and 20 full-time equivalents for the
regional office in Atlanta, Georgia; no less than $2,300,000
and 18 full-time equivalents for the regional office in Austin,
Texas; no less than $2,500,000 and 20 full-time equivalents for
the regional office in Chicago, Illinois; no less than
$2,200,000 and 16 full-time equivalents for the regional office
in Denver, Colorado; no less than $3,100,000 and 25 full-time
equivalents for the regional office in Philadelphia,
Pennsylvania; and no less than $3,000,000 and 23 full-time
equivalents for the regional office in Seattle, Washington. The
Committee remains concerned by EDA's efforts to reduce the
number of regional offices and reiterates its commitment to
continuing the current operational structure with the six
regional offices mentioned above.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
Appropriations, 2006.................................... $29,641,000
Budget estimate, 2007................................... 29,641,000
House allowance......................................... 29,641,000
Committee recommendation................................ 29,641,000
The Committee recommendation provides $29,641,000. The
recommendation is the same level as the fiscal year 2006
enacted level and the same as the budget request.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
SALARIES AND EXPENSES
Appropriations, 2006.................................... $79,278,000
Budget estimate, 2007................................... 80,482,000
House allowance......................................... 79,880,000
Committee recommendation................................ 80,482,000
The Committee recommendation provides $80,482,000. The
recommendation is $1,204,000 above the fiscal year 2006 enacted
level and the same as the budget request.
Economic and Statistical Analysis [ESA] encompasses the
collection, tabulation, and publication of a wide variety of
economic, demographic, and social statistics and provides
support to the Secretary of Commerce and other Government
officials in interpreting the state of the economy and
developing economic policy. The Bureau of Economic Analysis
[BEA] and the Under Secretary for Economic Affairs are funded
within this account.
Bureau of the Census
Appropriations, 2006.................................... $801,863,000
Budget estimate, 2007................................... 878,159,000
House allowance......................................... 825,859,000
Committee recommendation................................ 828,159,000
The Committee recommendation provides $828,159,000. The
recommendation is $26,296,000 above the fiscal year 2006
enacted level and $50,000,000 below the budget request.
The Committee notes that activities performed by Census
Bureau that were once a part of the decennial census have now
become portions of other annualized surveys. One such survey is
the American Community Survey [ACS], which will eliminate the
need for a long form questionnaire as part of the 2010 census.
With these changes, there is also an anticipated reduction in
cost of the 2010 census while other activities of the Bureau
are being maintained. Accordingly, the amounts provided by the
Committee to the Census Bureau are sufficient for the
activities that are critical to the agency, including its
primary function, the decennial census.
SALARIES AND EXPENSES
Appropriations, 2006.................................... $195,550,000
Budget estimate, 2007................................... 184,067,000
House allowance......................................... 190,067,000
Committee recommendation................................ 184,067,000
The Committee recommendation provides $184,067,000. The
recommendation is $11,433,000 below the fiscal year 2006
enacted level and the same as the budget request. This account
provides for the salaries and expenses associated with the
statistical programs of the Bureau of the Census, including
measurement of the Nation's economy and the demographic
characteristics of the population. These programs are intended
to provide a broad base of economic, demographic, and social
information used for decision-making by governments, private
organizations, and individuals.
The Committee has provided funding for the key programs of
the Census Bureau. The Committee is particularly concerned that
reports on manufacturing and general economic and foreign trade
statistics are maintained and issued on a timely basis.
PERIODIC CENSUSES AND PROGRAMS
Appropriations, 2006.................................... $606,363,000
Budget estimate, 2007................................... 694,092,000
House allowance......................................... 635,792,000
Committee recommendation................................ 644,092,000
The Committee recommendation provides $644,092,000. The
recommendation is $37,729,000 above the fiscal year 2006
enacted level and $50,000,000 below the budget request.
This account provides for the constitutionally mandated
decennial census and other programs which are cyclical in
nature. Additionally, individual surveys are conducted for
other Federal agencies on a reimbursable basis.
The Committee is fully supportive of the efforts being made
to make the 2010 census both accurate and cost effective. To
the extent possible, funds have been provided to ensure that
current activities related to the 2010 census are able to
continue.
The Census is encouraged to continue its hard work to
minimize the number of personal visits for non-response follow-
up for all census surveys. This activity is very costly and
requires limited funds available to the census to be used in an
inefficient manner. If initial response rates to census surveys
can be increased, it will provide substantial cost savings in
the ongoing American Community Survey, other periodic surveys,
and the 2010 census.
National Telecommunications and Information Administration
Appropriations, 2006.................................... $39,556,000
Budget estimate, 2007................................... 17,837,000
House allowance......................................... 17,837,000
Committee recommendation................................ 39,837,000
The Committee recommendation provides $39,837,000. The
recommendation is $281,000 above the fiscal year 2006 enacted
level and $22,000,000 above the budget request.
SALARIES AND EXPENSES
Appropriations, 2006.................................... $17,837,000
Budget estimate, 2007................................... 17,837,000
House allowance......................................... 17,837,000
Committee recommendation................................ 17,837,000
The Committee recommendation provides $17,837,000. The
recommendation is the same as the fiscal year 2006 enacted
level and the budget request.
The Committee retains language from previous years allowing
the Secretary of Commerce to collect reimbursements from other
Federal agencies for a portion of the cost of coordination of
spectrum management, analysis, and operations. The Committee is
aware that additional funds will be available for NTIA in
fiscal year 2007 through reimbursements from other agencies for
the costs of providing spectrum management, analysis, and
research services. The NTIA shall submit a report to the Senate
Committee on Appropriations no later than June 1, 2007,
detailing the collection of reimbursements from other agencies
related to spectrum management, analyses, and research. Should
additional funding be necessary for these critical efforts, the
Committee will consider a reprogramming of existing resources
pursuant to section 505 of this act.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION
Appropriations, 2006.................................... $21,719,000
Budget estimate, 2007...................................................
House allowance.........................................................
Committee recommendation................................ 22,000,000
The Committee recommends an appropriation of $22,000,000.
The recommendation is $281,000 above the fiscal year 2006
funding level and $22,000,000 above the budget request. The
Public Telecommunications Facilities Planning and Construction
[PTFPC] program awards competitive grants that help public
broadcasting stations, State and local governments, Indian
tribes, and nonprofit organizations construct facilities to
bring educational and cultural programming to the American
public using broadcasting and nonbroadcasting
telecommunications technologies. The primary focus of the PTFPC
program has been assisting public broadcasters in making the
transition from analog to digital broadcasting.
United States Patent and Trademark Office
SALARIES AND EXPENSES
Appropriations, 2006.................................... $1,683,086,000
Budget estimate, 2007................................... 1,771,000,000
House allowance......................................... 1,771,000,000
Committee recommendation................................ 1,771,000,000
The Committee recommendation provides $1,771,000,000. The
recommendation is $87,914,000 above the fiscal year 2006
enacted level and the same as the budget request, to be derived
from offsetting fee collections.
The United States Patent and Trademark Office [USPTO] is
charged with administering the patent and trademark laws of the
United States. USPTO examines patent applications, grants
patent protection for qualified inventions, and disseminates
technological information disclosed in patents. USPTO also
examines trademark applications and provides Federal
registration to owners of qualified trademarks. The USPTO is
subject to the policy direction of the Secretary of Commerce,
but the agency has independent control of its budget,
expenditures, personnel, procurement and other administrative
and management functions. Patent laws administered by the USPTO
encourage invention, innovation, and investment. The USPTO
plays a critical role in promoting the continued development of
intellectual property of the Nation. For established companies,
new patents improve competitiveness, increase productivity,
help bring new products and services to market, and create
jobs.
The Congressional Budget Office [CBO] re-estimated the
amount of fees the USPTO will collect in fiscal year 2007
downward from the administration's estimation of $1,842,966,000
to $1,771,000,000. The Committee is therefore required to treat
the CBO re-estimation as the actual budget request.
In fiscal year 2005, the Committee increased the amount of
fees the USPTO could collect by $208,754,000. The Committee
agrees with the recommendation to extend the fee increase for
USPTO through the end of fiscal year 2007.
Intellectual Property.--In addition to the examining and
issuing of patents and trademarks, USPTO works to promote the
protection of American intellectual property domestically and
internationally. Under the American Inventors Protection Act of
1999 [AIPA] (Public Law 106-113), the USPTO is directed to
advise the President and all Federal agencies on national and
international intellectual property policy issues. The USPTO is
authorized by AIPA to provide guidance, conduct programs and
studies, and otherwise interact with foreign intellectual
property offices and international intergovernmental
organizations on matters involving the protection of
intellectual property. The Committee is concerned by the lack
of information provided on the progress of the National
Intellectual Property Law Enforcement Coordination Council
[NIPLECC]. Funding was provided for NIPLECC in the amount of
$2,000,000 under a separate heading in fiscal year 2005 and
$500,000 under this heading in fiscal year 2006. The budget
request proposes $990,000 for NIPLECC under the Department of
Commerce's Departmental Management account in fiscal year 2007.
The Committee questions the ability of any program to be
successful without continuity within the Department and further
questions the need to continue funding a program that neither
the Department of Commerce nor the Department of Justice, the
Co-Chairs of NIPLECC, are able to adequately justify or that
has proven to be of any success. The Committee notes with
disdain that the report required by the fiscal year 2006
conference report was never received and directs USPTO and DOJ
to submit a report on the progress of NIPLECC no more than 30
days after the enactment of this act.
The Committee agrees to provide the Director the
flexibility to reduce patent filing fees in 2007 for documents
filed electronically in accordance with Federal regulation.
Having granted this flexibility, the Committee directs USPTO to
provide a report to the Senate Committee on Appropriations
detailing the cost savings associated with this reduction in
patent filing fees.
Any deviations from the funding distribution provided for
in this act and in its accompanying statement, including
carryover balances, are subject to the standard reprogramming
procedures set forth in section 505 of this act. In addition,
60 days after the date of enactment of this act, the USPTO
shall submit to the Senate Committee on Appropriations a
spending plan for fiscal year 2007. This spending plan shall
incorporate all carryover balances from previous fiscal years,
and describe any changes to the patent or trademark fee
structure.
Hiring, Retention, and Human Resource Practices.--An
innovation friendly Government depends on an efficient patent
system. Since fiscal year 2004, the Committee has provided a 45
percent increase in funding for PTO, including funding to hire
thousands of new patent examiners. Yet during the same time
period, the backlog of pending patent applications has grown to
over 500,000, and it still takes an average of over 2.5 years
to process a patent application. Meanwhile, the Inspector
General has received repeated complaints that PTO has allowed
or encouraged unfair personnel practices. The IG has identified
these problems as one of the top 10 management challenges of
the Department of Commerce. Even with increased funding, the
problems at PTO are getting worse, evidence that what is needed
is better management. The Committee notes that in June 2005,
the Government Accountability Office [GAO] recommended several
steps PTO should take to improve retention of patent examiners.
The Committee directs PTO to provide a report to the Senate
Committee on Appropriations, by March 2, 2007, on the status of
implementation of GAO's recommendations, as well as, additional
steps PTO will take to improve hiring, retention, and human
resource practices.
SCIENCE AND TECHNOLOGY
Technology Administration
SALARIES AND EXPENSES
Appropriations, 2006.................................... $5,923,000
Budget estimate, 2007................................... 1,485,000
House allowance......................................... 2,000,000
Committee recommendation................................ 2,500,000
The Committee recommendation provides $2,500,000. The
recommendation is $3,423,000 below the fiscal year 2006 funding
level and $1,015,000 above the budget request.
The Committee is concerned that the drastic reduction in
funding being requested for this office for fiscal year 2007
will render the Technology Administration [TA] ineffective in
carrying out its functions. The additional funding being
provided will allow TA to focus on policy objectives related to
the technological competitiveness of the Nation in the face of
increasingly aggressive foreign competition.
National Institute of Standards and Technology
Appropriations, 2006.................................... $752,037,000
Budget estimate, 2007................................... 581,332,000
House allowance......................................... 627,000,000
Committee recommendation................................ 764,000,000
The Committee recommendation provides $764,000,000. The
recommendation is $11,963,000 above the fiscal year 2006
enacted level and $182,668,000 above the budget request.
The recommendation provides that up to $9,450,000 may be
transferred from the Scientific and Technical Research and
Services account to the Working Capital Fund, which the
National Institute of Standards and Technology [NIST] uses to
purchase equipment for its laboratories.
A description of each NIST account and the corresponding
Committee recommendation follows in the subsequent three
headings.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
Appropriations, 2006.................................... $394,762,000
Budget estimate, 2007................................... 467,002,000
House allowance......................................... 467,002,000
Committee recommendation................................ 467,002,000
The Committee recommendation provides $467,002,000. The
recommendation is $72,240,000 above the fiscal year 2006
enacted level and the same as the budget request.
The Committee's recommendations are displayed in the
following table with specific increases described:
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES, DIRECT OBLIGATIONS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Electronics and Electrical Engineering.................. 50,819
Manufacturing Engineering............................... 24,481
Chemical Science and Technology......................... 49,726
Physics................................................. 60,118
Materials Science and Engineering....................... 38,961
Building and Fire Research.............................. 24,438
Computer Science and Applied Mathematics................ 74,786
Standards and Technology Services....................... 18,501
National Quality Program................................ 7,575
Research Support Activities............................. 46,809
National Research Facilities............................ 67,288
---------------
Total Direct Obligations, STRS.................... 463,502
------------------------------------------------------------------------
Within funds provided for Scientific and Technical Research
and Services [STRS], $16,890,000 is provided for Innovations in
Measurement Science, $10,937,000 is provided for the
postdoctoral fellowship program, $6,791,000 is provided for
computer support and $12,191,000 is provided for business
systems.
Finally, additional funds of $9,450,000 are available for
transfer to the working capital fund for equipment and other
purposes related to the STRS account.
INDUSTRIAL TECHNOLOGY SERVICES
Appropriations, 2006.................................... $183,624,000
Budget estimate, 2007................................... 46,332,000
House allowance......................................... 92,000,000
Committee recommendation................................ 106,000,000
The Committee recommendation provides $106,000,000. The
recommendation is $77,624,000 below the fiscal year 2006
enacted level and $59,668,000 above the budget request.
Hollings Manufacturing Extension Programs [MEP].--The
Committee recommends an appropriation of $106,000,000 to fund
MEP centers. MEP supports a network of locally run centers that
provide technical advice and consultative services to small
manufacturing companies in all 50 States and Puerto Rico. Many
of these firms lack the technical knowledge and experience to
implement cutting edge technologies and cost saving processes,
which places them at risk from foreign competition. Since its
inception, MEP has consistently been the program that small
manufacturers could look to for assistance. Whether it is
assisting with quality standards, or providing strategic
planning, MEP has delivered the services needed by small
manufacturers.
Based on a sampling of clients surveyed in fiscal year
2005, MEP clients indicated that the assistance they received
resulted in increased sales of $1,500,000,000; retained sales
of $4,530,000,000; cost savings of $721,000,000; and the
creation and retention of 43,624 jobs. These economic impacts
justify the recommended funding level for the MEP.
The Committee is concerned with how increased energy costs
have adversely affected the efficiency of small and medium
manufacturers. Therefore, the Manufacturing Extension
Partnership and its clients shall work with the National
Academies of Sciences to study how small and medium
manufacturers can overcome high energy costs through better
efficiencies and innovation.
Advanced Technology Program [ATP].--The Committee will
allow for the phase out of activities for ATP. No funds are
provided in fiscal year 2007 for ATP, and the Committee
believes that sufficient funds were provided as part of fiscal
year 2006 under this title to cover all necessary close out
costs associated with ATP.
CONSTRUCTION OF RESEARCH FACILITIES
Appropriations, 2006.................................... $173,651,000
Budget estimate, 2007................................... 67,998,000
House allowance......................................... 67,998,000
Committee recommendation................................ 190,998,000
The Committee recommendation provides $190,998,000. The
recommendation is $17,347,000 above the fiscal year 2006
enacted level and $123,000,000 above the budget request.
The recommendation funds the highest priority safety,
capacity, maintenance, and repair projects at NIST. Of the
amounts provided:
--$3,800,000 is for the design and renovation of Building 4;
--$6,300,000 is for Phase I of designs for Boulder
Renovations;
--$12,000,000 for design and construction for a new guide
hall facility;
--$45,898,000 is provided for ongoing safety, capacity,
maintenance, and
--Major repair [SCMMR] projects at the Gaithersburg and
Boulder facilities.
The Committee directs NIST to provide quarterly reports on
the status of all construction projects, and to provide an
accounting of projects obligated in fiscal year 2007 against
the SCMMR account when the fiscal year 2008 budget is submitted
to the Committee.
National Oceanic and Atmospheric Administration
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2006.................................... $3,895,449,000
Supplemental appropriations, 2006....................... 204,600,000
Budget estimate, 2007................................... 3,678,135,000
House allowance......................................... 3,376,867,000
Committee recommendation................................ 4,431,323,000
The Committee recommendation provides $4,431,323,000 for
the National Oceanic and Atmospheric Administration [NOAA]. Of
this amount, transfers total $80,000,000. The recommendation is
$535,874,000 above the fiscal year 2006 enacted level,
excluding supplemental appropriations, and $753,188,000 above
the budget request.
The Committee does not agree to provide annual
appropriations for the Hollings Scholarship and the Nancy
Foster Scholarship as requested. The Committee believes the
funding mechanism set in place by Congress with the
establishment of these scholarships is best for their continued
long-term success. Furthermore, the Committee is concerned by
the Department's attempt to change the authorization for these
scholarships and directs the Department to address these issues
through the appropriate authorizing committee.
The Committee has reviewed the U.S. Ocean Policy Report
Card issued by the Joint Ocean Commission Initiative, comprised
of the Pew Ocean Commission and the U.S. Commission on Ocean
Policy. This report is outspoken on the U.S. Government's
recent efforts to implement recommendations made by both
commissions. Of the many remarks made by the Joint Ocean
Commission, the areas of ``international leadership'',
``research, science and education'', and ``new funding for
ocean policy and programs'' as they pertain to NOAA were viewed
by the Committee as being most relevant to making real progress
regarding the Nation's ocean policy.
Stagnant funding requests from the Department of Commerce
show relatively level support in some NOAA programs, and a
decrease in others, namely eliminating smaller line items which
have become successful and integral components of NOAA
programs. The only substantial budgetary increases come in base
restorations. Though justifiable, these increases hardly
account for systematic changes that reflect the growing demand
of ocean policy needs. Overall, NOAA's budget request was
$15,000,000 less than what the administration requested last
year, and about $280,000,000 less than funds appropriated in
fiscal year 2006.
The Joint Ocean Commission calls for better coordination at
all levels of government with decisions based on unbiased,
accurate science. However, when the initial lackluster request
from the leading civilian ocean agency continues to ignore the
recommendations of the Joint Ocean Commission and that of the
overall scientific community, the Committee is left wondering
how NOAA plans to strategically move forward. Regrettably, the
Committee has grown accustomed to receiving an annual budget
request from NOAA that does not accurately reflect the true
needs of the oceanic and atmospheric communities, and the
Department of Commerce does little to help bridge the gap
between realistic needs and bold requests.
Given the current fiscal demands both at home and abroad,
appropriating balanced funding for all national science
programs is challenging. In spite of this difficulty, the
Committee takes the Commission's recommendations seriously, and
the following funding recommendations for NOAA attempt to
restore the agency's operational capacity for atmospheric
research and build upon the Commission's request to advance our
Nation's literacy, exploration, management and research of our
world's oceans.
OCEAN COMMISSION INITIATIVE
After receiving the Joint Ocean Commission's report card
the Committee requested a more detailed analysis of critical
priorities for ocean policy reform. The Joint Ocean Commission
responded June 13, 2006 with a report that included salient
recommendations and suggestions that this Committee took very
seriously. One of the recommendations described an increase in
base funding for critical ocean and coastal science, and
funding for new national initiatives. The Joint Ocean
Commission recommends $715,000,000 for these programs above the
fiscal year 2006 enacted level. Of this amount, the Committee
estimates $511,000,000 directly apply to NOAA, which include:
Coastal zone management program; regional coordination; coastal
and estuarine land protection; National Marine Sanctuaries;
Ocean Exploration; National Centers for Ocean Coastal Science;
ocean and human health; National Undersea Research Program;
integrated ocean observing system; National monitoring network;
sediment research; Federal mapping integration; NOAA/Navy
Communication Partnership; regional approaches to atmospheric
deposition; ballast water research; aquatic invasive species;
marine debris monitoring; social science and economics
research; data management software; ocean education
initiatives; and NOAA Sea Grant.
Although the Committee meets or exceeds the
administration's fiscal year 2007 funding requests for all of
these programs by $385,000,000, the Committee regrets that it
cannot fully achieve the Joint Ocean Commission's overall
recommendation at this time given the current financial
climate. The Joint Ocean Commission's recent report reminds the
Committee how dramatically underfunded our ocean community is
given the impact the marine environment has on our daily lives.
Only through vigilance and honest evaluations will our Nation
account for its ocean activities, and the Committee encourages
further feedback from the Joint Ocean Commission.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2006.................................... $2,730,892,000
Supplemental appropriations, 2006....................... 135,200,000
Budget estimate, 2007................................... 2,592,843,000
House allowance......................................... 2,368,164,000
Committee recommendation................................ 3,289,425,000
The Committee recommendation provides $3,289,425,000. The
recommendation is $558,533,000 above the fiscal year 2006
enacted level, excluding supplemental appropriations, and
$696,582,000 above the budget request.
The Committee is very concerned by the number of full-time
equivalent positions at NOAA's headquarters and questions the
rationale of having over 1,200 people in a headquarters office
rather than dispersing some of these positions into the field.
Therefore, the Committee directs NOAA to report back to the
Senate Committee on Appropriations no more than 30 days after
the enactment of this act on its proposal for shifting
employees from headquarters to the field in an effort to
provide improved services directly to the programmatic offices
and the people served by those programs. Furthermore, the
Committee expects NOAA's fiscal year 2008 budget request to
reflect a shift of full-time equivalents commensurate with the
aforementioned report..
NOAA NATIONAL OCEAN SERVICE
The Committee recommends an appropriation of $630,506,000
for the National Ocean Service [NOS]. NOS programs provide
scientific, technical, and management expertise to promote safe
navigation; assess the health of coastal and marine resources;
respond to natural and human-induced threats; and preserve the
coastal ocean and global environments.
Under NOS, the National Marine Sanctuary Program, Center
for Operational Oceanographic Products and Services, and the
Coastal Services Center shall all be elevated to program office
status. This new designation for these programs will enhance
service delivery and organizational efficiency for NOS
personnel and users without creating additional costs.
Committee recommendations are displayed in the following
table:
NOAA NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Navigation Services:
Mapping and Charting:
Mapping and Charting Base....................... 43,718
Joint Hydrographic Center....................... 7,500
Electronic Navigational Charts.................. 6,000
Shoreline Mapping............................... 2,400
Address Survey Backlog/Contracts................ 31,200
EEZ Outer Continental Shelf Ocean Bottom Claims. 2,000
MS/LA Digital Coast............................. 1,000
---------------
Subtotal, Mapping and Charting................ 93,818
===============
Geodesy:
Geodesy Base.................................... 21,729
Geodetic Survey--LA............................. 2,300
GIS Base Mapping Project--AL.................... 2,000
Height Modernization Regional Expansion--NGS 231
Implementation.................................
Height Modernization Regional Expansion--North 900
Carolina.......................................
Height Modernization Regional Expansion-- 900
California.....................................
Height Modernization Regional Expansion-- 600
Mississippi....................................
Height Modernization Regional Expansion--South 400
Carolina.......................................
Height Modernization Regional Expansion--Texas.. 500
Comprehensive Elevation Project for the Northern 7,000
Gulf States....................................
Rapid Forecasting and Improved Response to 2,000
Disasters with Spatial Technologies............
Digital Earth Model--Mississippi................ 5,000
---------------
Subtotal, Geodesy............................. 43,560
===============
Tide and Current Data:
Tide and Current Data Base...................... 24,970
Great Lakes NWLON............................... 2,000
Alaska Current and Tide Data.................... 3,000
---------------
Subtotal, Tide and Current Data............... 29,970
===============
Total, Navigation Services.................... 167,348
===============
Ocean Resources Conservation and Assessment:
Ocean Assessment Program (OAP):
Coastal Storms.................................. 2,874
Cook Inlet Coastal Monitoring and Habitat....... 800
Coastal Services Center......................... 19,458
Pacific Coastal Services Center................. 4,500
Gulf Coast Services Center...................... 3,000
Point Loma Enhanced Ocean Monitoring Program.... 1,000
CREST........................................... 1,000
Aquatic Research Consortium..................... 2,500
Coop Institute for Coastal and Estuarine Enviro 5,500
Tech [CICEET]..................................
Hawaii Coral Reef Initiative.................... 1,500
Coral Reef Programs............................. 26,000
Maritime Center of the Gulf..................... 3,000
Lake Erie Monitoring............................ 500
---------------
Subtotal, Ocean Assessment Program [OAP]...... 71,632
===============
Integrated Ocean Observing System:
NOAA IOOS Program............................... 59,500
NOAA IOOS Program Administration................ 10,000
Center for Integrated Marine Technologies, 2,000
University of California.......................
Alaska Ocean Observing System................... 2,500
Gulf of Maine Ocean Observing System............ 500
Long Island Sound Observing System.............. 1,000
Central Gulf of Mexico Ocean Observing System... 2,000
Southern California Coastal Ocean Observing 1,500
System [Scripps]...............................
Center for Integrative Coastal Observation, 2,500
Research, and Education (CI-CORE)..............
UNCW Coastal Ocean Research and Monitoring 500
Program........................................
Alliance for Coastal Technologies............... 3,000
Center for Coastal Ocean Observation and 1,700
Analysis.......................................
Delaware Bay Observing System................... 500
Great Lakes Observing System.................... 1,000
Oregon Ocean Observing.......................... 2,000
SURA Coastal Ocean Observing System............. 5,000
---------------
Subtotal, Integrated Ocean Observing System... 95,200
===============
Response and Restoration:
Response and Restoration Base................... 16,321
Estuary Restoration Program..................... 1,000
Mitigating Coastal Development Impacts.......... 1,000
Marine Debris................................... 5,000
Marine Debris Removal and Ghostnet-Highseas 1,500
Driftnes Detection--Alaska.....................
Pribilof Islands Cleanup and Economic 7,227
Development....................................
---------------
Subtotal, Response and Restoration............ 32,048
===============
National Centers for Coastal Ocean Science [NCCOS]:
NCCOS Headquarters.............................. 30,000
Extramural Research............................. 15,000
Oceans and Human Health Center for the Gulf of 1,500
Mexico.........................................
Immediate Implementation of Disaster Decision 3,000
Support Tools..................................
Coastal Restoration and Enhancement through 1,500
Science and Technology.........................
Environmental Risks Assessment Integrative 2,500
Systems Approach...............................
Oxford Cooperative Lab.......................... 4,500
Virginia Key Marine Life Science Building....... 1,000
Center for Coastal Response Research............ 1,800
---------------
Subtotal, National Centers for Coastal Ocean 60,800
Science......................................
===============
Total, Ocean Resources Conservation and 259,680
Assessment...................................
===============
Ocean and Coastal Management:
Coastal Management:
CZM Grants...................................... 90,000
CZM Program Administration...................... 7,500
National Estuarine Research Reserve System...... 20,000
Coastal Nonpoint and Community Resource 10,000
Improvement Grants.............................
Coastal Community Assistance Grants............. 20,000
Marine Protected Areas.......................... 2,128
---------------
Subtotal, Coastal Management.................. 149,628
===============
Ocean Management:
Marine Sanctuary Program Base....................... 50,000
Northwest Hawaiian Islands Research/HI Institute of 2,250
Marine Biology.....................................
Northwest Straits Citizens Advisory Commission...... 1,600
---------------
Subtotal, Ocean Management........................ 53,850
===============
Total, Ocean and Coastal Management............... 203,478
===============
GRAND TOTAL NOS................................... 630,506
------------------------------------------------------------------------
Integrated Coastal and Ocean Observation.--For the past
several years, NOAA has supported ongoing, integrated coastal
and ocean observing programs as directed and appropriated by
this Committee. Despite this pattern of annual funding,
recommendations made by the Joint Ocean Commission, and
programmatic successes made by NOAA on the subject, the
administration has chosen not to request funding for a true
Integrated Ocean Observation System [IOOS] in fiscal year 2007.
The Committee realizes NOAA is one of many State and Federal
agencies tasked with developing an integrated ocean observing
system strategy, but as the leading civilian ocean agency, the
Committee has always envisioned NOAA to become a global IOOS
leader. Without resolve from NOAA to move forward with IOOS
agency-wide, the Committee cannot envision how the Joint Ocean
Commission's IOOS recommendations can be achieved. To encourage
this commitment, the Committee recommendation provides
$10,000,000 for NOAA to establish a national Integrated Ocean
Observation System data management and communications center at
Stennis Space Center. The Center should benefit from the
resident expertise of the Naval Oceanographic Office as the
demonstrated hub of naval oceanographic data collection,
archiving, fusion, modeling, and distribution of oceanographic
products. Existing NOAA facilities at Stennis Space Center, the
National Data Buoy Center and the National Coastal Data
Development Center currently provide NOAA quality data
collection and assimilation. NOAA shall provide a report to the
Committee no later than April 30, 2007, detailing full plans to
implement this Center, including detailed out-year
requirements, for full operation of the Center as the primary
data management and communication center for the national IOOS
program. The Committee directs this office to develop a
comprehensive 5-year plan for the entire agency to fully
implement a viable ocean observing paradigm for the Nation
starting with NOAA's own resources and incorporating an inter-
government operating plan and a regional data integration plan.
Although NOS has the program lead, this plan must provide
specific future funding recommendation for every line office in
NOAA. In particular, a sufficient funding recommendation for
the National Environmental Satellite, Data and Information
Service should account for a long-term plan for data compliance
between State, regional, Federal, and if possible,
international systems. Future funding recommendations for
program partners is also expected so as to provide the
Committee with a realistic breakdown of IOOS impacts on a
Federal level rather than the Joint Ocean Commission's vague
description of operating costs. Given the amount of IOOS
planning already underway within the administration and the
National Ocean Partnership Program, this Committee directs NOAA
to deliver a strategic plan for IOOS no later than April 1,
2007. To spearhead many of NOAA's forthcoming recommendations,
the Committee provides $59,500,000 of 2-year funds for the
office to use or distribute after presenting the Committee with
a realistic strategic plan. The Committee provides $25,700,000
for statewide ocean observing systems, and directs NOAA to
develop a competitive, peer-reviewed process for awarding
Regional Ocean Observing System grants for fiscal year 2008
with anticipation of comparable regional funding for fiscal
year 2008. Within these regional systems, the Committee
recognizes the need for manufacturing marine instrument and
equipment is dwarfed by the need for creating system
interoperability and actual data integration. Thus, NOAA should
incorporate a plan for assimilating data and information from
these largely academic regional systems into an operational
forecast repository useful to the entire Nation. Throughout
NOAA's portion of this bill, the Committee provides further
IOOS-related support by including $6,100,000 for Global Ocean
Observing System; $3,000,000 for the Tropical Atmosphere Ocean
project and Pilot Research Moored Array in the Tropical
Atlantic project; $31,200,000 to address the hydrographic
survey backlog; $6,000,000 for extramural research for grants
related to Harmful Algal Bloom and Hypoxia forecasting;
$9,900,000 to strengthen the Tsunami Warning Network; and
$1,400,000 for Hurricane Buoy operations and maintenance. In
total, the Committee provides $142,800,000 for IOOS, which
exceeds the Joint Ocean Commission's recommendation.
Mapping and Charting.--The Committee recognizes NOAA's
Office of Coast Survey [OCS] as a critical component of our
Nation's marine transportation infrastructure, and fully funds
the fiscal year 2007 request for this office. OCS provides
hydrographic survey data and updated nautical charts for the
primary purpose of safe maritime navigation. Since 90 percent
of U.S. commerce travels through our ports, accurate navigation
is paramount to the stability of our economy, health of our
marine environment, and safety of our men and women working on
the water. More importantly, maritime shipping is growing at a
larger rate each year with an increase in vessel size and an
expansion of port facilities. The U.S. military and the U.S.
Coast Guard depend on NOAA charts for navigation impacting
their Homeland Security and Maritime Domain Awareness efforts.
Without support to conduct nautical charting duties ensuring
our waters are obstruction-free, our Nation runs the risk of an
increase of maritime accidents with a direct impact to life,
property and the marine environment.
Tides and Currents.--The Committee provides funding to
continue support for the Great Lakes Water Level Gauge System
within the amount provided.
Coral Reef Program.--NOAA's Coral Reef Program works with
domestic and international scientific, private and non-
government partners to conserve coral reef ecosystems. The
Committee's recommendation of $26,000,000 restores the fiscal
year 2006 appropriation to allow NOAA to continue mapping,
monitoring and managing coral reefs as outlined in the National
Action Plan to Conserve Coral Reefs.
National Marine Sanctuary Program.--The Committee's
recommendation of $50,000,000 will promote NOAA's efforts to
manage and preserve our ocean's diverse natural and cultural
resources through outreach, education, and, when necessary,
legal enforcement of prohibitions and regulations. This funding
level will also support additional site-specific research,
improvements in resource management, and State and community
partnerships.
The Committee acknowledges the administration's recent
designation of the Northwestern Hawaiian Islands [NWHI] Marine
National Monument as another step toward protecting the single
largest conservation area in the history of our country, and
the largest protected marine area in the world. The Committee
applauds the charge to NOAA to use its expertise to oversee the
new marine areas in light of NOAA's years of specific
experience with this vast region, and decades of experience
with marine and coastal resource management. The Committee has
long supported research and management in the NWHI, recognizes
the need to take action in fiscal year 2007, and provides
$3,800,000 to the National Marine Sanctuary Program to
implement and execute initial management priorities consistent
with the needs of the NWHI user community. Although long-term
management plans are forthcoming, the Committee strongly
encourages the administration's prompt action, and expects to
see commensurate support in the fiscal year 2008 budget
proposal.
NOAA NATIONAL MARINE FISHERIES SERVICE
The Committee recommendation provides $813,679,000 for the
National Marine Fisheries Service [NMFS]. NMFS programs provide
for the management and conservation of the Nation's living
marine resources and their environment, including fish stocks,
marine mammals, and endangered species. Using science-based
conservation, management, and restoration activities, these
resources can benefit the Nation on a sustained basis. NMFS
seeks to build sustainable fisheries, recover protected
species, and sustain healthy coastal ecosystems and the
communities that depend on them.
Committee recommendations are displayed in the following
table:
NOAA NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND
FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Marine Mammals, Marine Turtles, and Marine Protected
Species:
Protected Resources Research and Management Programs 31,000
Cooperative Agreements with States.............. 4,000
---------------
Subtotal, Protected Resources Research and 35,000
Management Programs..........................
===============
Mammals:
Marine Mammal Protection [MMP]/NMFS Activities.. 20,000
Marine Mammal Initiative........................ 10,000
Prescott Grant Program.......................... 2,000
Shedd Center for the Great Lakes................ 250
North Pacific Southern Resident Orca Population 1,000
[PSM]..........................................
Right Whale: Cooperative State Plans............ 12,000
Alaska Native Harbor Seal Commission............ 150
Hawaiian Monk Seals............................. 825
---------------
Subtotal, Mammals............................. 46,225
===============
Sea Turtles and Other Protected Species............. 9,000
Endangered Species Act, Cooperative Agreements w/ 4,000
States.........................................
Hawaiian Sea Turtles............................ 7,500
---------------
Subtotal, Sea Turtles and Other Protected 20,500
Species......................................
===============
Atlantic Salmon..................................... 5,850
Pacific Salmon...................................... 66,416
Pacific Salmon Treaty Implementation................ 7,000
---------------
Total, Marine Mammals, Marine Turtles, and Marine 180,991
Protected Species................................
===============
Fisheries Research and Management:
Core Fisheries Programs:
Fisheries Research and Management Programs...... 130,000
Expand Annual Stock Assessments--Improve Data 32,100
Collection.....................................
Economics and Social Sciences Research.......... 10,363
Fisheries Statistics............................ 12,800
Fisheries Oceanography.......................... 990
Interjurisdictional Fisheries Grants............ 2,565
Salmon Management Activities.................... 24,214
Columbia River Hatchery Reform.................. 500
National Standard 8............................. 900
Reduce Fishing Impacts on Essential Fish Habitat 499
[EFH]..........................................
Reducing Bycatch................................ 5,000
Anadromous Grants............................... 2,000
Center for Ecosystem based fisheries management. 5,000
Product Quality and Safety...................... 6,767
---------------
Subtotal, Core Fisheries Programs............. 233,698
===============
Regional Councils and Fisheries Commissions......... 30,000
Interstate Fish Commissions: 3 Commissions...... 750
Interstate Fish Commissions: Atlantic 9,250
Cooperative Management.........................
---------------
Subtotal, Regional Councils and Fisheries 40,000
Commissions..................................
===============
Fish Information Networks....................... 22,184
Atlantic States Marine Fisheries Commission. 2,000
Alaska Fisheries Information Network [AKFIN] 3,600
Pacific Coastal Fisheries Information 3,500
Network [PACFIN]...........................
Recreational Fishery Information Network 4,500
[RECFIN]...................................
Interstate Marine Fisheries Commission...... 750
Gulf Fisheries Information Network [GULF 4,500
FIN].......................................
---------------
Subtotal, Fish Information Networks....... 41,034
===============
Survey and Monitoring Projects.................. 15,000
Bluefish/Striped Bass/Menhaden Monitoring: 700
Chesapeake Bay.............................
West Coast Groundfish....................... 2,000
Alaska Groundfish surveys, calibration 240
studies....................................
Chesapeake Bay Multi-Species Management..... 500
---------------
Subtotal, Survey and Monitoring Projects.. 18,440
===============
Other fisheries-related projects:
Long Island Bays Seagrass and Water Quality 600
Restoration................................
Monkfish and Migratory Finfish Trawl 1,600
Surveys--NJ................................
Hawaii Fisheries Development................ 750
Southeast Shrimp Industry Fishing Effort 1,100
Cooperative Research.......................
Hawaii Seafood Safety and Inspections....... 1,500
Consortium for Wildlife Bycatch Reduction... 1,000
Hawaii Stock Enhancement Program (Oceanic 500
Institute).................................
Large Pelagics Research Program............. 1,000
Horseshoe Crab Research [HCRC].............. 250
Gulf States Consumer Education Program/ 1,000
Oyster Fisheries Foundation................
Scallop Fishery Assessment [MFI]............ 2,000
Western Alaska Salmon Stock Identification.. 500
Wild American Shrimp Marketing.............. 8,000
Fixed Gear Seabed Interactions Study........ 350
---------------
Subtotal, Other fisheries-related projects 20,150
===============
Total, Fisheries Research and Management.. 353,322
===============
Enforcement and Observers:
Enforcement and Surveillance........................ 53,000
Observers/Training.................................. 26,000
North Pacific Marine Resources Observers Program.... 1,500
Hawaii Longline Observer Program.................... 4,000
===============
Total, Enforcement and Observers/Training......... 84,500
===============
Habitat Conservation and Restoration:
Sustainable Habitat Management...................... 18,760
NAIB Conservation and Education Programs........ 1,000
Blue Crab Advanced Research Consortium.......... 5,000
Port Aransas Nature Preserve.................... 1,000
---------------
Subtotal, Sustainable Habitat Management...... 25,760
===============
Fisheries Habitat Restoration....................... 21,136
Connecticut River Partnership................... 300
Snapper Conservation and Restoration Consortium. 3,000
Chesapeake Bay Oyster Restoration--MD........... 4,000
Oyster Restoration--Chesapeake VIMS............. 2,000
Lower Elwha River Habitat Restoration........... 481
Merrimack River fish habitat/land conservation.. 250
---------------
Subtotal, Fisheries Habitat Restoration....... 31,167
===============
Total, Habitat Conservation and Restoration... 56,927
===============
AK Composite Research and Development Program........... 55,000
===============
Other Activities Supporting Fisheries:
Cooperative Research................................ 10,417
Southern New England Cooperative Research 2,000
Initiative.....................................
Lobster Institute Conservation and Outreach 2,600
Initiative.....................................
Northeast Consortium............................ 1,900
Oregon Hatchery Research Center................. 1,000
---------------
Subtotal, Cooperative Research................ 17,917
===============
Other Programs:
Antarctic Research.............................. 1,467
AMNH Marine Environmental Research.............. 1,000
Chesapeake Bay Studies.......................... 3,500
Climate Regimes and Ecosystem Productivity...... 1,900
Computer Hardware and Software.................. 3,355
Information Analyses and Dissemination.......... 18,000
Marine Resources Monitoring, Assessment and 800
Prediction Program [MarMap]....................
National Environmental Policy Act [NEPA]........ 8,000
Narragansett Bay Window......................... 500
NMFS Facilities Maintenance..................... 3,900
Southeast Area Monitoring and Assessment Program 7,400
[SEAMAP].......................................
---------------
Subtotal, Other Programs...................... 49,822
===============
Other Projects:
Consortium for Fisheries and Wildlife Conflict 1,000
Resolution.....................................
New England Multi-Species Survey [SMAST]........ 3,000
Science Consortium for Ocean Replenishment...... 3,700
Joint Institute for Marine and Atmospheric 2,500
Research (JIMAR), HI...........................
Pacific Island Regional Office/Pacific Islands 5,000
Fisheries Science Center.......................
---------------
Subtotal, Other Projects...................... 15,200
===============
Total, Other Activities Supporting Fisheries.. 82,939
===============
GRAND TOTAL NMFS.............................. 813,679
------------------------------------------------------------------------
Hawaii Fisheries Development.--The Committee provides
$750,000 for the Hawaii Fisheries Development Program and
$500,000 for the Hawaii Stock Enhancement Program to be
administered by the Oceanic Institute for the purpose of
perfecting the transfer of hatchery technology to the
aquaculture industry.
Chesapeake Bay Oyster and Blue Crab Restoration.--The
Committee provides $5,000,000 to research methods of restoring
blue crabs, and $6,000,000 for oyster restoration, in the
Chesapeake Bay. The Committee directs NOAA to provide a
comprehensive report on the progress made to date and strategic
plans for the future of these efforts, including performance
benchmarks and plans for financial self sufficiency. This
report is due to the Committee no later than April 2, 2007.
Pacific Islands Regional Office.--The Committee is
concerned by NOAA's failure to plan adequately for the
operations of the Pacific Islands Regional Office [PIRO] and
Pacific Islands Fisheries Science Center [PIFSC], and urges
NOAA to scrutinize its internal practices to avoid future
recurrences. The Committee provides $5,000,000 for standard
operations and management in order to ensure PIRO and PIFSC are
able to support the research, monitoring, conservation,
assessment, and outreach needs of the National Marine Fisheries
Service in waters around the Hawaiian Islands and the American
Flag Territories.
AK Composite Research and Development Program.--The
Committee recommends funding for the AK Composite Research and
Development Program for Alaska Fisheries and Marine Mammals.
Alaska's commercial fishing industry is a primary employer,
providing 47 percent of private sector jobs, and is second only
to the oil industry in generating revenue to the State. Two of
the Nation's top three fishing ports, in terms of highest
dollar value for commercial landings, are in Alaska. In 2003,
Dutch Harbor-Unalaska moved the most fish of any port--908.7
million pounds for a total dollar value of $156,900,000.
Kodiak, Alaska, was not far behind generating $81,500,000 for
262.9 million pounds of fish landed.
The amount and dollar value of fishery resources taken from
the waters off Alaska are only half the story. The science,
research, and management of these living marine resources
provide for sustainable and abundance-based harvests. The North
Pacific has no fisheries listed as endangered, in part due to
the constant monitoring and research that this funding
provides. Alaska's fisheries management requires data and
research on over 900,000 square miles of ocean within the
Exclusive Economic Zone off Alaska's coast. These funds are
critical to provide data collection, analysis and further
resource development of these fisheries in order to provide
continued economic opportunity for the State of Alaska and its
numerous coastal communities. NOAA is directed to provide the
Committee with a spending plan for the funds provided under the
AK Composite Research and Development Program no later than 30
days after the date of enactment of this act.
Pelagic Tagging.--The Committee is aware of the
contributions of the Monterey Bay Aquarium's bluefin tuna
research and tagging program to the understanding of pelagic
populations, and encourages NOAA to continue support of the
program.
NOAA OCEANIC AND ATMOSPHERIC RESEARCH
The Committee recommendation provides $467,173,000 for
Oceanic and Atmospheric Research [OAR]. OAR programs provide
the environmental research and technology needed to improve
NOAA weather, air quality warnings, forecasts, climate
predictions, and marine services. To accomplish these goals,
OAR supports a network of scientists in its Federal research
laboratories, universities, and joint institutes and
partnership programs.
Committee recommendations are displayed in the following
table:
NOAA OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND
FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Climate Research:
Laboratories and Cooperative Institutes............. 48,287
===============
Climate Observations and Services:
Climate Operations.............................. 800
Climate Data and Information.................... 6,266
Arctic Research Program [SEARCH]................ 1,500
---------------
Subtotal, Climate Observations and Services... 8,566
===============
Competitive Research Program........................ 125,712
===============
Partnership Programs:
East Tennessee Ozone Study...................... 250
Climate Research [UAH].......................... 2,000
Center for Southeastern Tropical Advanced Remote 250
Sensing (CSTARS)...............................
Coastal Vulnerability--climate change study..... 1,000
Drought Research Study.......................... 2,000
---------------
Subtotal, Partnership Programs................ 5,500
===============
Total, Climate Research....................... 188,065
===============
Weather and Air Quality Research Programs:
Laboratories and Cooperative Institutes............. 38,000
Cooperative Institute for the Northern Gulf of 22,000
Mexico.............................................
Coordinate NOAA/NSA Severestorm Research and 2,500
Development........................................
Advanced Radar Technologies Feasibility Study--WY... 100
Hurricane Intensity Research........................ 2,000
Tornado Severe Storm Research/Phased Array Radar.... 2,972
---------------
Subtotal, Weather and Air Quality Research 67,572
Programs.........................................
===============
Partnership Programs:
Central CA Air Quality Study.................... 150
UrbaNet Phase II................................ 6,000
Center of Excellence in Science and Technology-- 2,000
MS.............................................
Coastal Weather Monitoring for Catastrophic 1,000
Events.........................................
New England Weather Technology Initiative....... 350
AIRMAP.......................................... 3,800
High Altitude Air Study......................... 350
Risk Reduction through Local Weather Forecasts-- 2,000
MS.............................................
Reducing Wind-Induced Damages from Storms....... 750
Remote Sensing Research [ISU/BCAL].............. 500
STORM (U. of N. Iowa)........................... 750
---------------
Subtotal, Partnership Programs................ 17,650
===============
Total, Weather and Air Quality Research....... 85,222
===============
Ocean, Coastal and Great Lakes Research: Laboratories 20,000
and Cooperative Institutes.............................
---------------
Subtotal, Laboratories and Cooperative Institutes. 20,000
===============
National Sea Grant College Program:
National Sea Grant College Program Base......... 72,000
Fish Extension.................................. 990
Aquatic Nuisance Species/Zebra Mussel Research.. 990
Gulf of Mexico Oyster Initiative................ 1,000
Mobile Bay Fisheries Initiative................. 2,500
Gulf of Mexico Reef Fish Initiative............. 4,000
National Sea Grant Law Center................... 1,000
Oyster Disease Research......................... 990
---------------
Subtotal, National Sea Grant College Program.. 83,470
===============
Exploration and Undersea Research:
National Undersea Research Program [NURP]....... 12,500
National Institute for Undersea Science and 5,500
Technology.....................................
Caribbean Marine Research Center................ 750
Ocean Exploration............................... 25,000
Autonomous Underwater Vehicle Research and 2,000
Development....................................
---------------
Subtotal, Exploration and Undersea Research... 45,750
===============
Invasive Species Programs:
HI Micronesia Invasive Species Program.......... 750
Aquatic Invasive Species Program................ 10,000
---------------
Subtotal, Invasive Species Programs........... 10,750
===============
Aquaculture:
Marine Aquaculture Program...................... 4,600
Atlantic Marine Aquaculture Center [CINEMAR].... 800
Pacific Tropical Ornamental Aquaculture......... 500
Pacific Marine Aquaculture Center............... 250
Center for Aquatic Resource Management.......... 6,000
West Alabama Shrimp Aquaculture Program......... 1,000
---------------
Subtotal, Aquaculture......................... 13,150
===============
Partnership Programs:
Arctic Research................................. 1,000
Fisheries Infrastructure, Investigation, 3,000
Assessment and Improvement Project.............
North Pacific Research Board--cooperative 2,000
research of ecosystems and fisheries...........
Lake Champlain Emerging Threats................. 500
Lake Champlain Research Consortium.............. 350
Bio-screening Technology for Imported Seafood... 1,000
---------------
Subtotal, Partnership Programs................ 7,850
===============
Total, Ocean, Coastal and Great Lakes Research 180,970
===============
High Performance Computing Initiatives.................. 12,916
===============
GRAND TOTAL OAR................................... 467,173
------------------------------------------------------------------------
Laboratories and Joint Institutes.--Of the funds provided
for Laboratories and Joint Institutes, the Committee recommends
$22,000,000 to further its commitment to the NOAA Joint
Institute for the Northern Gulf of Mexico.
National Sea Grant College Program.--The National Sea Grant
College Program represents a significant component of the ocean
education community. $72,000,000 is provided to increase this
program's proportion of its resources dedicated to ocean and
coastal education and outreach, as per the Joint Ocean
Commission's recommendation.
Ocean Exploration.--Given that 70 percent of the Earth is
covered with water, and over 90 percent of that water is still
unexplored, it would seem that gaining a better understanding
of this unknown environment on our planet would be a high
priority. Yet, the administration's request for ocean
exploration, albeit a slight increase from last year, is still
woefully low compared to the fiscal year 2006 appropriation and
does not meet the ocean research communities expectations for
substantial funding. With so many questions still unanswered
and many new marine systems yet discovered here on Earth, this
Committee recognizes that adequately funding ocean exploration
is needed to strategically incite future ocean research that
will be valuable and relevant to average Americans wherever
they may live. The ocean supports a great diversity of life and
ecosystems, and controls the Earth's weather and climate by
dominating the global carbon cycle and energy exchange. The
Committee feels the solution to so many of our pressing
contemporary topics, such as unlocking climate change and
finding cures for diseases, may very likely be found in our own
ocean basins. The Committee's recommendation of $25,000,000
perpetuates a larger increase in funding support for ocean
exploration, and concurs with the Joint Ocean Commission's
ongoing recommendations on the subject.
National Undersea Research Program.--Of the amount provided
for the National Undersea Research Program [NURP], half of
these funds are for east coast NURP centers and half are for
West Coast NURP centers, including the Hawaiian and Pacific
Center and the west coast and Polar Regions Center.
Caribbean Marine Research Center.--The Committee recognizes
the importance of the Caribbean Marine Research Center/Perry
Institute due to its unique capabilities and facilities. The
CMRC/Perry Institute marine lab on Lee Stocking Island is the
most well equipped lab remaining in the wider Caribbean region.
For over 30 years, CMRC/Perry Institute, in conjunction with
numerous universities, has produced critical research data for
ecosystem management, including coral reefs, as well as
commercial fisheries. CMRC/Perry Institute is providing data to
help understand issues associated with global climate change,
as well as developing new drugs using marine organisms.
Arctic Research.--The Committee recommendation provides
$3,000,000 for Arctic Research as included in the base program
budget request for NOAA's Oceanic and Atmospheric Research,
Laboratories and Cooperative Institutes, and an additional
$1,000,000 as reflected in the above chart under Partnership
Programs. Of the funds made available for Arctic Research,
$3,000,000 is provided for the International Arctic Research
Center.
Advanced Radar Technologies.--The Committee recognizes the
need for additional low level radar coverage in Wyoming and
provides $100,000 for NOAA and the National Weather Service to
work with the University of Massachusetts and the National
Science Foundation, under the umbrella of the Collaborative
Adapting Sensing of the Atmosphere [CASA] program, to conduct a
feasibility study to determine the applicability to
northeastern Wyoming of advanced radar technologies under
investigation by CASA.
NOAA NATIONAL WEATHER SERVICE
The Committee recommendation provides $823,567,000 for the
NOAA National Weather Service [NWS]. NWS programs provide
timely and accurate meteorologic, hydrologic, and oceanographic
warnings and forecasts to ensure the safety of the population,
mitigate property losses, and improve the economic productivity
of the Nation. NWS is also responsible for issuing operational
climate forecasts for the United States.
Committee recommendations are displayed in the following
table:
NOAA NATIONAL WEATHER SERVICE OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Observations, Forecasts, and Communications:
Local Warnings and Forecasts:
Local Warnings and Forecasts Base............... 563,422
Tsunami Warning and Environmental Obs for AK 2,000
[TWEAK]........................................
Strengthen U.S. Tsunami Warning Network......... 20,000
Air Quality Forecasting......................... 5,000
Sustain Cooperative Observer Network............ 1,871
Hurricane Mitigation Alliance [SUSF]............ 2,500
Susquehanna River Basin--Flood Forecast and 2,000
Warning System.................................
All Hazards Alert Broadcast Systems, Washington 500
Coast..........................................
NOAA Profiler Network........................... 6,000
Pacific Island Compact.......................... 3,515
Space Environment Center........................ 7,347
USWRP--US Weather Research Program--THORPEX..... 7,456
National Data Buoy Center....................... 28,000
Alaska Data Buoys............................... 1,500
Western Kentucky Environmental Monitoring 1,500
Network........................................
Vermont Northeast Weather and Wind Data 220
Integration....................................
---------------
Subtotal, Local Warnings and Forecasts........ 652,831
===============
Operations and Research:
Advanced Hydrological Prediction Services....... 6,037
Aviation Weather................................ 4,653
WFO Maintenance................................. 7,316
Central Forecast Guidance....................... 51,063
Remote Infrasonic Monitoring of Natural Hazards. 1,500
Regional Ensembling System for Atmospheric 2,000
Dispersion Forecasting.........................
---------------
Subtotal, Operations and Research............. 72,569
===============
Weather Radio and Communications:
Weather Radio Transmitters Base................. 2,297
NOAA Weather Radio System--AL................... 200
NOAA Weather Radio System--Michigan............. 80
---------------
Subtotal, Weather Radio and Communications.... 2,577
===============
Total, Observations, Forecasts, and 727,977
Communications...............................
===============
Systems Operation and Maintenance:
NEXRAD.............................................. 43,759
ASOS................................................ 8,716
AWIPS............................................... 37,603
NWSTG Backup--CIP................................... 5,512
---------------
Total, Systems Operation and Maintenance.......... 95,590
===============
GRAND TOTAL NWS................................... 823,567
------------------------------------------------------------------------
Next Generation Weather Radars [NEXRAD].--The Committee
notes that a 2005 National Research Council [NRC] report
recommended several ways in which flash flood forecasting and
warning can be improved in Southern California and other
regions where Next Generation Weather Radars [NEXRAD] are sited
in complex terrain. The Committee directs NOAA to report by
April 6, 2007, on steps taken to address the NRC's
recommendations and to improve low-level storm detection in
Southern California. The Committee expects NWS and the Office
of Oceanic and Atmospheric Research [OAR] to cooperate on this
report.
NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE
The Committee recommendation provides $163,197,000 for
National Environmental Satellite, Data, and Information Service
[NESDIS]. NESDIS programs operate environmental polar-orbiting
and geostationary satellites and collect and archive global
environmental data and information for distribution to users in
commerce, industry, agriculture, science and engineering, the
general public, and Federal, State, and local agencies.
Committee recommendations are displayed in the following
table:
NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Satellite Command and Control Base.................. 36,257
NSOF Operations..................................... 7,531
Product Processing and Distribution................. 27,270
Product Development, Readiness and Application...... 16,915
Product Development, Readiness and Application 3,861
(Ocean Remote Sensing).............................
Coral Reef Monitoring............................... 737
Joint Center/Accelerate Use of Satellites........... 3,258
Commercial Remote Sensing Licensing and Enforcement. 1,240
Office of Space Commercialization................... 601
---------------
Total, Environmental Satellite Observing Systems.. 97,670
===============
Data Centers and Information Services:
Archive, Access and Assessment:
Archive, Access and Assessment.................. 35,315
Maryland........................................ 5,500
Kentucky........................................ 1,361
North Carolina.................................. 275
West Virginia................................... 1,434
---------------
Subtotal, Archive, Access and Assessment...... 43,885
===============
Data and Climate Centers:
Coastal Data Development........................ 4,546
Center for the Application of Information 2,500
Technology and Remote Sensing Science..........
Regional Climate Centers........................ 250
International Pacific Research Center (U of HI]. 2,000
Integrated Data and Environmental Applications 3,000
[IDEA] Center..................................
Environmental Data Systems Modernization........ 9,346
---------------
Subtotal, Data and Climate Centers............ 21,642
===============
Total, Data Centers and Information Services.. 65,527
===============
GRAND TOTAL NESDIS............................ 163,197
------------------------------------------------------------------------
Data and Climate Centers.--The Committee encourages NOAA to
continue to coordinate its climate data management and archival
activities for the Western Pacific Region with the ongoing
efforts of the University of Hawaii's Asia-Pacific Data-
Research Center. The Committee is also encouraged by NOAA's
responsiveness in establishing the NOAA Integrated Data and
Environmental Applications Center to address environmental data
and information requirements in the Pacific, and strongly urges
NOAA to finish formalization of the Center.
NOAA-WIDE PROGRAM SUPPORT
The Committee recommendation provides $386,303,000 for
NOAA-wide program support. These programs provide for overall
NOAA management, including staffing of the Under Secretary's
office and services to NOAA and DOC field offices through the
regional Administrative Support Centers. These programs also
support NOAA's Education Office consistent with the
recommendations of the Ocean Commission. The Facilities sub-
activity provides for repair and maintenance to existing
facilities; facilities planning and design; and environmental
compliance. The Office of Marine and Aviation Operations
provides aircraft and marine data acquisition, repair, and
maintenance of the existing fleet, planning of future
modernization, and technical and management support for NOAA-
wide activities through the NOAA Commissioned Corps.
Committee recommendations are displayed in the following
table:
NOAA WIDE PROGRAM SUPPORT OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Corporate Services:
Under Secretary and Associate Offices Base.......... 29,287
NOAA Wide Corporate Services and Agency Management.. 114,340
Commerce Business Solutions......................... 9,900
Payment to the DOC Working Capitol Fund............. 34,425
Planning, Programming, and Integration.............. 1,800
IT Security......................................... 2,000
---------------
Total, Corporate Services......................... 191,752
===============
NOAA Education Program:
NOAA Education Program/Education Initiative......... 10,000
Watershed Education Experience Initiative, Anacostia 150
Watershed Society..................................
JASON Education and Outreach........................ 2,500
BWET Chesapeake Bay................................. 4,250
BWET Hawaii......................................... 1,500
Educational Partnership Program/Minority Serving 14,212
Institutions [EPPMSI]..............................
Hawaii Humpback Education Program................... 1,250
Aliance Education Program for the Gulf of Mexico.... 3,000
Narragansett Bay Marine Education (Save the Bay).... 1,000
---------------
Total, NOAA Education Program..................... 37,862
===============
Facilitites:
NOAA Facilities Management and Construction and 14,444
Safety.............................................
Boulder Facilities Operations....................... 4,400
Environmental Compliance and Safety................. 4,000
---------------
Total, Facilities................................. 22,844
===============
Marine Operations and Maintenance:
Aviation Services................................... 19,227
Operational Differential for NOAA Ships............. 4,500
Marine Data Acquisition............................. 91,667
UNOLS............................................... 1,000
Direct to Sailor Satellite Service for HIIALAKAI and 300
OSCAR ELTON SETTE..................................
Fleet Planning and Maintenance...................... 17,151
---------------
Total, Marine Operations and Maintenance.......... 133,845
===============
GRAND TOTAL PS.................................... 386,303
------------------------------------------------------------------------
NOAA Education Program.--The Committee provides $37,862,000
for education programs, $18,550,000 above the budget request.
The Joint Ocean Commission continues to highlight the need for
ocean literacy and broaden young people's awareness of ocean
issues that affect their daily lives. NOAA has established a
successful track record of engaging all levels of the education
community to send a clear, consistent message on ocean science
using different media and methods tailored to individual
community needs. This Committee encourages NOAA to develop a
coherent plan for enhancing ocean education, and create formal,
viable partnerships with the National Science Foundation and
the U.S. Navy. Within its plan, the Committee directs NOAA to
create ways for promoting diversity in the ocean-related
workforce. Furthermore, the Committee includes bill language
providing authority for the NOAA Administrator to carry out
education programs related to NOAA's mission. Within the funds
provided for the Chesapeake Bay B-WET program, $750,000 is for
the Chesapeake Bay Leadership Institute.
Facilities Review.--The Committee directs NOAA to undergo a
facilities review in the Hampton Roads region of Virginia,
develop a plan to consolidate facilities in the region and
provide a report on this subject to the Committee no later than
March 1, 2007. The Committee understands that NOAA has numerous
facilities throughout the region and the Committee believes
NOAA would benefit from consolidating these facilities into one
central location. As part of this review, the Committee directs
NOAA to work with the City of Norfolk to develop a plan to
transfer the NOAA property in the Fort Norfolk redevelopment
area to the city as soon as it is practicableand in a manner
that satisfies NOAA's operational requirements in the Hampton
Roads region.
Marine Operations and Maintenance.--The number of officers
authorized to serve within the ranks of the NOAA Commissioned
Officer Corps shall increase from 299 to 321. The Committee's
recommendation under Data Acquisitions accounts for this
adjustment in personnel.
E-Government.--The Committee recommendation does not
include funding to implement E-Government initiatives.
Working Capital Fund.--The Committee has continued to
recommend appropriations for NOAA and Commerce Department
corporate costs under ``NOAA-wide Program Support''. The
Committee disapproves of the practice of allocating, or
``tithing'', corporate costs across programs, projects, and
activities.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
Appropriations, 2006.................................... $1,109,919,000
Supplemental appropriations, 2006....................... 69,400,000
Budget estimate, 2007................................... 1,024,467,000
House allowance......................................... 996,703,000
Committee recommendation................................ 1,057,898,000
The Committee recommendation provides $1,057,898,000. The
recommendation is $52,021,000 below the fiscal year 2006
enacted level, excluding supplemental appropriations, and
$33,431,000 above the budget request.
Committee recommendations are displayed in the following
table:
NOAA PROCUREMENT, ACQUISITION AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
NOAA National Ocean Service:
Coastal and Estuarine Land Protection Program:
Maquoit Bay..................................... 1,450
Center Hill Beach............................... 2,250
Pee Dee......................................... 3,000
Seven Mile Point................................ 948
Jenner Headlands................................ 2,850
East River Corridor Protection.................. 3,000
Village of Bratenahl............................ 700
Delaware Bayshore/Cohansey River/Streep......... 2,000
Blackbird Creek NEER/Eagles Nest Road Area...... 3,000
Savannah........................................ 3,000
Port Clinton Waterfront......................... 875
Stockton Harbor................................. 410
Blackbird Creek/DNEER Core Area Headwaters...... 2,667
Fort Stevens Acquisition........................ 3,000
Hidden Lake..................................... 400
Altamaha River Sand Ridges...................... 3,000
Red Hills Big Flat Creek........................ 3,000
Big Rock Point.................................. 3,000
South Topsail................................... 2,900
Apponagansett Bay/Weinshel Farm, Dartmouth...... 3,000
Escatawpa River Longleaf Hills Ecological Area.. 3,000
Coastal Headlands Project....................... 2,700
McKendall Open Space............................ 750
Jamestown....................................... 1,200
Salmon Falls Headwaters......................... 950
Church's Point.................................. 400
Hawaii.......................................... 2,000
Herring River................................... 1,500
Elmer's Island.................................. 1,750
Westwind........................................ 350
Mill River...................................... 3,000
Firelands....................................... 1,200
Smuggler's Slough............................... 1,000
Chesapeake Bay.................................. 1,800
Potters Creek................................... 1,000
Wolf River Corridor............................. 2,000
---------------
Subtotal, Coastal and Estuarine Land 69,050
Protection Program...........................
===============
NERRS Acquisition/Construction:
National Estuarine Research Reserve Construction 15,000
and Land Acquisition...........................
Weeks Bay Reserve............................... 2,000
---------------
Subtotal, NERRS Acquisition/Construction...... 17,000
===============
Marine Sanctuaries Construction/Acquisition:
Marine Sanctuaries Construction Base............ 5,500
Thunder Bay National Marine Sanctuary Exhibit... 1,000
Gulf of Farralones Exhibit...................... 750
---------------
Subtotal, Marine Sanctuary Construction/ 7,250
Acquisition..................................
===============
Other NOS Construction/Acquisition:
Gulf Coast Marine Aquaculture Laboratory........ 9,000
Dauphin Island Coastal Protection Project....... 2,500
Great Bay Partnership........................... 5,300
Gulf of Mexico Disaster Response Center......... 20,000
Penobscot River Restoration..................... 200
Science Center Building, Stennis................ 14,500
---------------
Subtotal, Other NOS Construction/Acquisition.. 51,500
===============
Total, National Ocean Service--PAC............ 144,800
===============
Oceanic and Atmospheric Research:
Systems Acquisition/Construction:
Barrow Arctic Research Center................... 8,000
Research Supercomputing/CCRI.................... 10,379
---------------
Total, Oceanic and Atmospheric Research--PAC.. 18,379
===============
National Weather Service:
Systems Acquisition:
ASOS............................................ 3,935
AWIPS........................................... 12,764
NEXRAD.......................................... 8,376
NWSTG Legacy Replacement........................ 495
Radiosonde Network Replacement.................. 4,014
Weather and Climate Supercomputing.............. 19,092
Weather and Climate Supercomputing Back-up...... 7,077
Cooperative Observer Network Modernization 4,234
[NERON]........................................
Strengthen U.S. Tsunami Warning Network......... 1,030
Complete and Sustain NOAA Weather Radio......... 5,594
Valapariso University's Meteorology Program..... 1,000
---------------
Subtotal, NWS Systems Acquisition............. 67,611
===============
Construction:
WFO Construction................................ 12,504
Center for Weather and Climate Prediction [NCEP] 22,900
---------------
Subtotal, NWS Construction.................... 35,404
===============
Total, National Weather Service--[PAC]........ 103,015
===============
NESDIS:
Systems Acquisition and Construction:
Geostationary Systems [GOES].................... 425,107
Polar Orbiting Systems [POES]................... 89,906
Polar Orbiting Systems [NPOESS]................. 187,870
EOS and Advanced Polar Data Processing, 990
Distribution and Archiving Systems.............
CIP--single point of failure.................... 2,772
Comprehensive Large Array Data Stewardship 6,476
System [CLASS].................................
NPOESS Preparatory Data Exploration............. 4,455
Satellite CDA Facility.......................... 2,228
---------------
Total, NESDIS--PAC............................ 719,804
===============
Program Support:
Construction:
NOAA Pacific Regional Facility.................. 20,000
National Data Management and Communications 10,000
Center, Stennis................................
---------------
Subtotal, Construction........................ 30,000
===============
OMAO Fleet Replacement:
Small Waterplane Area Twin Hull Vessel [SWATH]...... 5,600
Upgrades: Oscar Dyson/Fairweather................... 7,000
Fisheries Survey Vessel #3.......................... 7,235
Fisheries Survey Vessel #4.......................... 6,600
Fisheries Survey Vessel #5, Shallow Draft Design.... 1,500
Fisheries Survey Vessel Calibration................. 3,500
Hydro Survey Launch Construction.................... 2,400
Temporary Berthing for HENRY B. BIGELOW............. 1,000
Ocean Exploration Vessel............................ 7,065
---------------
Subtotal, OMAO Fleet Replacement.................. 41,900
===============
Total, Program Support--PAC....................... 71,900
===============
GRAND TOTAL PAC................................... 1,057,898
------------------------------------------------------------------------
Coastal and Estuarine Land Protection.--The Committee
appreciates NOAA providing a list of projects that are ready
and eligible for funding under the Coastal and Estuarine Land
Protection [CELP] as requested in the fiscal year 2006
conference report. The Committee recommendation provides
sufficient funding for the top 20 projects listed on NOAA's
priority list, and also includes funding for other projects.
The Committee has included bill language specifying the
purposes of certain grants for previous fiscal year
appropriations. Of the overall funding provided for CELP
projects, no more than 2 percent shall be used by program
management to administer the program. The Committee directs
NOAA to continue to work closely with the States to provide a
similar prioritized list on an annual basis, no later than
April 1. Overall, the Committee feels the project proposal
criteria was appropriate, though the Committee is concerned
that some projects were prematurely deemed ineligible and not
sent out for review, and that the requirements for matching
funds were not clearly stated.
National Marine Fisheries Service.--The Committee
understands the National Marine Fisheries Service's desire to
redevelop its Mukilteo research station. This research station
has been recognized as a vital component of NMFS research for
over 30 years, particularly for scientific issues relating to
salmon, groundfish, marine toxicology and harmful algal bloom.
The Committee directs NOAA to prepare, by September 30, 2007, a
preliminary conceptual report on the redevelopment of this
site, complete with a plan to include funding for this project
in future budget requests.
Polar Orbiting Systems--NPOESS.--This joint NOAA, National
Aeronautic and Space Administration and Department of Defense
[DOD] program has been mismanaged, resulting in a cost overrun
of billions of dollars, and delay of satellite service by at
least 2 years. Poor agency oversight triggered a Nunn-McCurdy
breach for DOD contracts, a Department of Commerce [DOC]
Inspector General investigation and a Government Accountability
Office review. These reports all reflect poorly upon senior
NOAA management and have eroded the Committee's confidence in
the agency to effectively execute large-scale, multi-year
contracts. Despite NOAA's current efforts to remedy this
situation, the agency stated in its response to DOC's Inspector
General that the report does not adequately recognize DOD's
role in administering the award contract, essentially stating
that, as an Air Force contract, NOAA was limited in its
management of a contract that was subject to DOD policies and
procedures. Yet, this Committee feels that as a member of the
tri-agency executive committee and a direct recipient of
appropriated funds for this project, NOAA is not absolved of
its duty to this Committee or the taxpayers to provide
responsible oversight and competent participation in any of its
partnership programs. The Committee made exceptional note of
DOD's procedures and policies, of which the Nunn-McCurdy
provision is exclusive to this Department. If not for DOD, this
Committee wonders at what point NOAA would have acted on its
own to report the cost over runs and conduct its own
recertification. To date, the overall program costs have grown
from the original figure of $7,400,000,000 to $11,100,000,000.
Despite this increase, the program is experiencing a decrease
in sensor capability, and a reduction of planned satellites;
relying on European partners to cover gaps in our Nation's
coverage. The Committee recognizes the severe importance of the
NPOESS program to this county, but given NOAA's history of
passive oversight and the fact that costs have grown with a
decline in future capabilities, the Committee is compelled to
reduce funding because a poorly managed program will never
achieve its goals. Furthermore, as a result of the NPOESS
debacle, the Committee is forced to question the management of
other larger scale NOAA projects, such as the GOES satellite
project, and wonders how or when NOAA would notify Congress if
cost overruns existed elsewhere. Therefore, the impacts of the
NPOESS reviews extend beyond this one program, and will affect
current and future contracts as noted in section 208 of this
bill. The Committee also directs the Department to utilize
funds appropriated under this heading to contract with a
nonprofit research organization to conduct a cost and
operational effectiveness analysis of NPOESS incorporating all
available alternatives. Of the funds provided for NPOESS,
$100,000,000 shall not be available for obligation until the
above mentioned report is received by Congress.
NOAA Ships.--The Small Waterplane Area Twin Hull Vessel
[SWATH] survey vessel is critical to our Nation's charting
research, and this construction contract needs to be completed
as soon as possible. The Committee's recommendation of
$5,600,000 accounts for unforeseen cost increases for new
construction projects resulting from last year's hurricane
season. The Committee prohibits NOAA from rescinding any funds
from this account, and encourages the agency to efficiently and
expeditiously complete this contract.
The Committee's recommendation provides $7,065,000 for
further conversion and outfitting of NOAA's vessel of
exploration. The Committee realizes that the fiscal year 2005
appropriation and ship allocation was an initial phase in the
conversion process of this former U.S. Navy ship, and that in
order for the ship to be fully capable of its intended purpose,
further outfitting is needed.
Hurricane Hunter Jet Aircraft.--NOAA's high-technology
Hurricane Hunter Jet Aircraft, added by the Congress in the
mid-1990's, is a one of a kind aircraft enabling forecasters to
improve hurricane tracking and landfall predictions on the
order of 20 percent. The NOAA Hurricane Hunter Jet Aircraft
data saves lives and dollars; however, there are no other high-
flying, high-technology jet aircraft in NOAA's hurricane
forecasting inventory. The Committee is concerned that this is
a single point of weakness for the National Hurricane Center's
ability to track forecast improvements and this weakness was
highlighted in testimony before the Senate Committee on
Commerce, Science and Transportation on September 20, 2005. The
Committee directs NOAA to provide, within 90 days of enactment
of this act, a detailed cost estimate for an additional high-
technology Hurricane Hunter Jet Aircraft to mitigate against
future losses of life and property caused by hurricanes.
Gulf of Mexico Disaster Response Center.--The Committee
recommendation provides $20,000,000 for the establishment of a
NOAA Gulf of Mexico Disaster Response Center (``Center'') in
order for the National Ocean Service [NOS] to better respond to
severe weather events. The Center shall house and consolidate
the NOS National Response Teams, NOS Response and Restoration,
NOS Damage Assessment and others at the Maritime Center for the
gulf.
Pacific Marine Operations Center.--The Committee is aware
of a recent fire in Seattle, Washington, that damaged or
destroyed several NOAA facilities located on Lake Union,
including buildings, docks and NOAA ships that service the
Pacific region. The Committee directs NOAA to submit to the
Senate Committee on Appropriations a full assessment of the
damage, loss of capability, and estimated replacement costs for
NOAA's damaged assets as soon as it can be determined.
PACIFIC COASTAL SALMON RECOVERY FUND
Appropriations, 2006.................................... $66,638,000
Budget estimate, 2007................................... 66,825,000
House allowance......................................... 20,000,000
Committee recommendation................................ 90,000,000
The Committee recommendation provides $90,000,000 for the
Pacific Coastal Salmon Recovery Fund. The recommendation is
$23,362,000 above the fiscal year 2006 enacted level and
$23,175,000 above the budget request.
Within the funding for this account, the Committee
recommendation provides: $22,000,000 for the State of Alaska;
$10,000,000 for the State of California; $4,000,000 for the
State of Idaho; $10,000,000 for the State of Oregon;
$25,000,000 for the State of Washington; $2,000,000 for the
Columbia River tribes; $7,000,000 for the Pacific Coast tribes;
and $10,000,000 to assist fishermen, fish processors and
related businesses supporting the fishing industry in Oregon,
California, and Washington impacted by the Klamath River basin
disaster.
With respect to the amounts for Alaska, the following
projects are eligible for funding: the Arctic Yukon-Kuskokwim
Sustainable Salmon initiative; the Cook Inlet Fishing Community
Assistance Program; the Yukon River Drainage Association;
Coffman Cove king salmon; the United Fishermen of Alaska's
subsistence program; restoration of salmon fisheries in
Anchorage at Ship Creek, Chester Creek, and Campbell Creek,
including habitat restoration and facilities; Alaska Village
Initiatives to enhance salmon stocks; the Bristol Bay Science
and Research Institute; the Alaska Fisheries Development
Foundation; the Alaska SeaLife Center to restore salmon runs in
Resurrection Bay; the Southeast Revitalization Association for
implementation of its fleet stabilization program; and funding
for the Kenai River.
COASTAL ZONE MANAGEMENT FUND
Appropriations, 2006.................................... $2,962,000
Budget estimate, 2007................................... 3,000,000
House allowance......................................... 3,000,000
Committee recommendation................................ 3,000,000
The recommendation includes requested language allowing not
to exceed $3,000,000 collected pursuant to the Coastal Zone
Management Act to be transferred to the ``Operations, Research
and Facilities'' account to offset the costs of implementing
that act.
FISHERIES FINANCE PROGRAM ACCOUNT
Appropriations, 2006.................................... $287,000
Budget estimate, 2007...................................................
House allowance.........................................................
Committee recommendation................................................
Language is included designating a total principal amount
of direct loans of $5,000,000 for Individual Fishing Quota
Loans, and $59,000,000 for traditional direct loans.
OTHER
Departmental Management
SALARIES AND EXPENSES
Appropriations, 2006.................................... $46,860,000
Budget estimate, 2007................................... 56,999,000
House allowance......................................... 30,060,000
Committee recommendation................................ 52,070,000
The Committee recommendation provides $52,070,000 for
Departmental Management Salaries and Expenses and the
Technology Administration. The recommendation is $5,210,000
above the fiscal year 2006 enacted level and $4,929,000 below
the budget request.
Within Departmental Management, the Salaries and Expenses
account provides funding for the Secretary, Deputy Secretary,
and support staff. Responsibilities involve policy development
and implementation affecting United States and international
activities, as well as, establishing internal goals and
operations of the Department.
The Committee recommendation provides full funding of base
programs at the fiscal year 2006 enacted level and includes
$5,900,000 as requested for blast mitigation windows for the
Herbert C. Hoover Building. The Committee recognizes the need
for this improved safety and security feature at the Department
of Commerce headquarters and understands that this is the first
of 3 years of funding necessary to complete this window
replacement project. The Committee expects quarterly updates on
the progress of this project, to include an expenditure
analysis.
Given the Committee's tight fiscal constraints and the
effort to preserve as much of the base program funding as
possible throughout the Department of Commerce, the $18,000,000
increase for the HCHB renovation and modernization is not
provided. The Committee recognizes that the responsibility for
this renovation and modernization project is to be shared
between the Department of Commerce and the General Services
Administration [GSA]. In fiscal year 2006, funding was provided
to GSA, but not to the Department of Commerce. The Committee
believes that GSA has the primary responsibility for this
renovation project and therefore should demonstrate progress on
its portion of the project before the Department of Commerce is
required to begin its activities.
Within the funds provided for Departmental Management, no
more than $800,000 and eight full-time equivalents are provided
for the Office of Legislative Affairs [OLA] within the Office
of the Secretary. The Committee is concerned about the OLA's
failure to provide critical information to the Committee in a
timely manner, and its efforts to control the flow of
information from other offices within the Department.
The budget request proposes $990,000 for the National
Intellectual Property Law Enforcement Coordination Council
[NIPLECC] under this heading. As discussed earlier in this
title, the Committee recommendation provides no funding for
NIPLECC. The Committee questions the need to continue funding a
program that neither the Department of Commerce nor the
Department of Justice, the Co-Chairs of NIPLECC, is able to
adequately justify or that has proven to be of any success.
Department of Commerce Electronic Government [E-Gov] Fiscal
Year 2007 Request.--The Committee recommendation provides no
funding for E-Gov activities for fiscal year 2007. If the
Department determines that funds are necessary for these
efforts, the Committee will consider a reprogramming of
existing resources consistent with sections 505 and 516 of this
act. Future requests for funding for any E-Gov initiative to
the Senate Committee on Appropriations must include a detailed
cost-benefit analysis, along with business metrics that measure
the successful implementation and the savings to the Department
derived from its contribution to E-Gov. In addition, the
request must identify any information technology systems,
programs, or contracts that are being terminated in order to
migrate to an E-Gov initiative. All reprogramming requests must
demonstrate that the benefits from the transfer for an E-Gov
initiative are greater than the original purpose for which the
funds were appropriated. These requirements apply to future
budget submissions and reprogramming requests for the current
and future fiscal years. The Department of Commerce Inspector
General shall (1) audit and review all E-Gov documentation,
including the assumptions contained in the cost-benefit
analysis; and (2) certify that the documentation validates the
outcomes of the E-Gov cost-benefit analysis.
UNITED STATES TRAVEL AND TOURISM PROMOTION
Appropriations, 2006.................................... $3,949,000
Budget Estimate, 2007...................................................
House allowance.........................................................
Committee recommendation................................................
The Committee recommendation provides no funding for United
States Travel and Tourism Promotion as requested by the
administration.
The Committee directs the Secretary to submit a report to
the Senate Committees on Appropriations and Commerce regarding
the use of fiscal year 2004, fiscal year 2005, and fiscal year
2006 funding provided to the Travel and Tourism Promotion
Advisory Board. The report shall detail what actions have been
taken to stimulate tourism in the United States. The report
shall be submitted to the Committees no later than February 1,
2007.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2006.................................... $22,467,000
Budget estimate, 2007................................... 22,531,000
House allowance......................................... 22,531,000
Committee recommendation................................ 22,531,000
The Committee recommendation provides $22,531,000. The
recommendation is $64,000 above the fiscal year 2006 enacted
level and the same as the budget request.
General Provisions--Department of Commerce
Section 201 makes Commerce Department funds available for
advanced payments only upon certification of officials
designated by the Secretary that such payments are considered
to be in the public interest.
Section 202 makes appropriations for salaries and expenses
available for the hire of passenger motor vehicles, and for
services, uniforms, and allowances as authorized by law.
Section 203 provides the authority to transfer funds
between Department of Commerce accounts and within NOAA
appropriations. The provision makes transfers subject to the
Committee's standard reprogramming procedures.
Section 204 provides that any cost resulting from personnel
actions shall be absorbed by the affected Department or Agency.
Section 205 makes appropriations for salaries and
administrative expenses to administer the Emergency Steel Loan
Guarantee Program available until expended.
Section 206 prohibits the use of any appropriated funds to
trademark the phrase ``Last Best Place''.
Section 207 provides funds to ``Promote and Develop Fishery
Products and Research Pertaining to American Fisheries''.
Section 208 makes available funding for National Institute
of Standards and Technology construction.
Section 209 authorizes the Secretary of Commerce to
prescribe and enforce standards or regulations affecting safety
and health in the context of scientific and occupational diving
within the National Oceanic and Atmospheric Administration.
Section 210 requires the Secretary of Commerce must report
to this Committee any major contract cost overruns greater than
10 percent.
TITLE III
SCIENCE
National Aeronautics and Space Administration
Appropriations, 2006.................................... $16,246,614,000
Supplemental appropriations, 2006....................... 384,800,000
Budget estimate, 2007................................... 16,792,227,000
House allowance......................................... 16,707,000,000
Committee recommendation................................ 16,757,227,000
The Committee recommendation provides $16,757,227,000 for
the National Aeronautics and Space Administration [NASA]. The
recommendation is $510,613,000 above the fiscal year 2006
enacted level, excluding emergency supplemental appropriations,
and $35,000,000 below the budget request.
The National Aeronautics and Space Administration was
established by the National Aeronautics and Space Act of 1958
(Public Law 85-568) to conduct space and aeronautical research
and development and to conduct flight activities for peaceful
purposes. NASA's unique mission of exploration, discovery, and
innovation is intended to preserve the United States' role as
both a leader in world aviation and as the pre-eminent space-
faring nation. It is NASA's mission to: advance human
exploration, use, and development of space; advance and
communicate scientific knowledge and understanding of the
Earth, the solar system and the universe; and research,
develop, verify, and transfer advanced aeronautics and space
technologies.
NASA's new vision for space exploration maps out an
aggressive role for the United States in manned space
exploration. However, the potential costs are substantial and
will likely be very difficult to maintain at the current
estimated funding levels. In addition, the Committee feels
strongly that NASA must show its commitment to those human
spaceflight activities already underway. The Shuttle program
and the construction of the International Space Station [ISS]
continue to be the primary focus of the Nation's manned space
flight activities. Nevertheless, the replacements for the Space
Shuttle's manned and heavy lift capabilities must also be
considered as part of any plan for continued human access to
space but not to the detriment of existing obligations.
The Committee is concerned that NASA will neglect areas
that only tangentially benefit or do not fit within, the
proposed exploration vision. Specifically, the fiscal year 2007
budget request proposes to defer or cancel existing programs
and infrastructure that are not directly supportive of the
explorative vision. These appear to be the programs sacrificed
to provide the near-term budgetary resources necessary to
facilitate the implementation of the Moon/Mars vision. However,
the Committee believes that NASA must work diligently to
balance existing programs and priorities with its plans for the
future. Counterbalancing future priorities places existing
research and expertise in jeopardy and risks squandering
significant Federal investments that may be essential to the
proposed explorations vision.
In addition, the Committee is concerned that the strong,
balanced science program that has served the Nation so
successfully for many years is being left behind rather than
being nurtured and sustained. That science program has been
based on a set of carefully crafted scientific strategies that
are founded on scientific and technical merit, relevance to
overall national needs, and broad consultation with the
scientific community.
In past years, NASA has chosen to make major programmatic
decisions through comprehensive operating plans. The Committee
notes that since fiscal year 2002, NASA has sent the Committee
an average of four operating plans per fiscal year, with each
operating plan containing an average of 170 changes per
operating plan. While such changes are allowed, it is the view
of the Committee that this should not be a regular occurrence.
Instead, such plans should be utilized for minor adjustments in
programs as they arise and only in exceptional circumstances
should comprehensive measures be taken. Programs and missions
have reserves for the purpose of mitigating risk and are
available for the purpose of covering unexpected costs. If
additional funds beyond the amount set aside for reserves by
NASA are necessary, a reprogramming request should then be
submitted to the Committee. Any reprogramming or operating
request submitted to the Committee shall contain an explanation
of where each adjustment of funds is proposed to be taken from
and the exact destination of those funds. Providing a list of
puts and takes across an entire operating plan does not provide
the Committee with enough information to accurately understand
the impacts of the sweeping operating plan changes NASA has
regularly provided the Committee in the past.
SCIENCE, AERONAUTICS, AND EXPLORATION
Appropriations, 2006.................................... $9,636,727,000
Budget estimate, 2007................................... 10,523,805,000
House allowance......................................... 10,482,000,000
Committee recommendation................................ 10,488,805,000
The Committee recommendation provides $10,488,805,000 for
the Science, Aeronautics, and Exploration account. The
recommendation is $852,078,000 above the fiscal year 2006
enacted level and $35,000,000 below the budget request.
NASA's Science, Aeronautics, and Exploration [SAE] account
provides funding for the Science, Exploration Systems, and
Aeronautics Research Mission Directorates and Education
Programs. The SAE appropriation includes both the direct and
the indirect costs of supporting the Mission Directorates and
Education Program, and provides for: research; development;
operations; salaries and related expenses; design, repair,
rehabilitation, and modification of facilities and construction
of new facilities; maintenance and operation of facilities; and
other general and administrative activities supporting SAE
programs.
Within this account, the Committee directs NASA to refrain
from charging any administrative expenses to congressionally
directed spending on specific projects. These costs shall be
absorbed within the funding provided in this account.
The activities of NASA's Space Science Enterprise seeks to
chart the evolution of the universe, from origins to destiny,
and understand its galaxies, stars, planetary bodies, and life.
The Enterprise asks basic questions that have eternally
perplexed human beings, such as how the universe began and
evolved and whether there is other intelligent life in the
universe. The quest for this information, and the answers
themselves, are intended to maintain scientific leadership,
excite and inspire our society, strengthen education and
scientific literacy, develop and transfer technologies to
promote U.S. competitiveness, foster international cooperation
to enhance programs and share their benefits, and set the stage
for future space ventures.
The Committee reiterates its strong support for the
servicing of the Hubble Space Telescope by the Space Shuttle
once the Administrator has determined the Shuttle is safe to
fly and certified its use for a Hubble servicing mission.
The Committee has provided the full budget request of
$443,100,000 for the James Webb Telescope and directs NASA to
maintain the current launch schedule.
The Committee has provided the full budget request of
$73,400,000 for the Explorer program and expects NASA to
support the continued development of the Interstellar Boundary
Explorer to maintain its current launch schedule.
The budget request eliminates funding for the SOFIA mission
in fiscal year 2007. Since the budget was released, NASA has
completed a review of its decision and has concluded that there
are no scientific or technical reasons for cancelling the
mission. Likewise, the Dawn mission was initially cancelled by
NASA, only to be reinstated after complete information about
the mission was reviewed. This calls into question the
credibility of the science directorate in making budget
decisions and determining scientific priorities.
The Committee expects NASA to come up with a plan to fund
the SOFIA mission in 2007 from within available funds through a
reprogramming request subject to section 505 of this act. In
determining the funding strategy for this program, the
Committee directs NASA to follow the recommendations of the
National Academy of Sciences Decadal survey in Astronomy and
Astrophysics when setting mission and budget priorities.
Missions that are ranked higher in the surveys should be given
priority over missions that are ranked lower in priority with
launch dates that are far into the future.
The Committee has included an additional $16,500,000 for
the Living With A Star Program as follows: an additional
$5,000,000 for the Geospace Radiation Belt Mapper to accelerate
launch to January 2011; $4,000,000 for pre-phase A definition
on the Sentinels Program; and $7,500,000 for Solar Probe to
retire technical and cost risk for the missions thermal
protection system.
The National Academy of Sciences has recommended that NASA
and the Department of Energy work together to develop a Joint
Dark Energy Mission [JDEM]. The Committee strongly supports
development of the JDEM through full and open competition with
project management residing at the appropriate NASA center.
The Committee supports continued development of NASA's
Planetary Aircraft Risk Reduction High-Altitude Deployment
Demonstration Program.
The Committee has provided the budget request of
$120,000,000 for the Juno-Jupiter Polar Orbiter mission and
fully expects NASA to maintain this mission and its out-year
budget profile to accommodate a 2010 launch as originally
envisioned.
Earth science has been a critical part of the balanced
space program long advocated by this Committee. The Committee
remains fully committed to a robust Earth science program at
NASA and the Committee expects NASA to remain fully committed
to earth science, with future missions that reflect a serious
commitment to earth science as a vital part of the Nation's
space program.
The Committee fully expects this implementation profile to
have a continuous mixture of small-, medium-, and observatory-
class earth science missions that guarantee regular and
recurring flight opportunities for the earth science community.
The recommendation includes an increase of $15,000,000
above the budget request for the NASA Earth Science
Applications Program. This funding increase shall only be used
to support new competitively selected applications projects to
be selected during fiscal year 2007. These projects will
integrate the results of NASA's Earth observing systems and
earth system models (using observations and predictions) into
decision support tools to serve applications of national
priority including, but not limited to: Homeland Security;
Coastal Management; Agriculture Efficiency; and Water
Management and Disaster Management.
In Senate Report 109-88 accompanying the fiscal year 2006
appropriations for NASA, the Committee directed NASA to
guarantee that the EOSDIS core system remain the operational
foundation for all new Earth science missions. The Committee
strongly reiterates this view and directs NASA to follow this
direction in implementing future Earth science missions. The
Committee does not support development of new, separate data
systems for future Earth science missions and cautions the
agency against taking further action that does not follow the
guidance contained in Senate Report 109-88 or the report
accompanying this act.
While the Committee supports continuation of the Landsat
program and a follow-on Landsat mission, the Committee has
provided no funding for the Landsat Data Continuity Mission in
fiscal year 2007. The Committee does not agree with the
agency's proposed procurement strategy and directs the agency
to suspend any further procurement activity until enactment of
the fiscal year 2007 State, Science, Justice, Commerce
Appropriations Act.
The agency's proposed procurement strategy for Landsat
closely resembles the failed NPOEES procurement and marks a
significant departure from previous Landsat procurement policy.
The Committee urges NASA to return to the previous procurement
model that fully competes separate elements of the mission with
a NASA center serving as project integrator and manager. This
procurement model ensures the best value for NASA and the
taxpayer.
The Committee recommends the budget request of $28,400,000
for continued operation of the Independent Verification and
Validation [IV&V] Center in Fairmont, West Virginia.
The Committee is supportive of the vision for exploration
and provides $894,700,000 for the Crew Exploration Vehicle
[CEV]. The Committee also funds the Crew Launch Vehicle at
$836,700,000 for the Crew Launch Vehicle [CLV] and $373,100,000
for Launch and Mission systems to support facility needs. The
Commercial Orbital Transportation Services program is provided
$121,000,000, the same as the budget request.
The Committee further provides $312,700,000 for the Robotic
Lunar Exploration Program [RLEP]. The Committee believes that
the missions associated with RLEP are essential to the success
of the anticipated manned missions to the Moon. In 2005, NASA
made the decision calling for the development of a lunar
robotic lander mission and the Committee believes this mission
is of critical importance for the exploration vision. For this
purpose, $40,000,000 is provided from within funds provided to
the RLEP program to initiate work on this mission.
The Committee is concerned with the steady decline in the
aeronautics research and technology request. Even more
alarming, NASA's budget projections indicate that this trend
will continue. The Committee is committed to the research NASA
conducts in aeronautics, and to the benefits, both in terms of
safety and economics, that will be made available to the public
through NASA-led research. Accordingly, the Committee provides
an additional $35,000,000 beyond the amount requested for
aeronautics programs at NASA.
NASA has a long history of supporting science, technology,
engineering, and mathematical education. This support reaches
all levels of education from K-12 to graduate level. For NASA
to embark on its vision for exploration there must exist a
general workforce that is technically skilled as well as a wide
range of scientists and engineers for NASA to draw upon. This
will require exciting young minds in the areas of science, and
then sustaining this excitement through college and beyond. To
help accomplish this task, NASA has dedicated funds toward many
education activities. The Committee supports the budget request
for the National Space Grant College and Fellowship Program
(Space Grant). The Committee also directs, to the extent
possible, that education funds within this account address the
education needs of women, minorities, and other historically
underrepresented groups.
The Committee has provided the full budget request for the
Classroom of the Future located at Wheeling Jesuit University,
Wheeling, West Virginia. The Classroom of the Future focuses on
educational research, curriculum design, teacher development
and educational outreach in the STEM disciplines. Since its
inception, Classroom of the Future has directly impacted nearly
53,000 teachers.
The Committee does not provide any funding in fiscal year
2007 for the Centennial Challenges program. Funding provided in
previous fiscal years for this program is sufficient for NASA
to run a prize based competition, as well as to verify that
NASA will see tangential benefits from running such a program.
Providing additional funds to a program based on prizes only
creates a pot of unused funds while other aspects of NASA's
mission are being cut or delayed due to a lack of funds.
The Committee recognizes the National Remote Sensing and
Space Law Center's role as a resource to multiple agencies,
providing legal research and outreach on critical space and
aviation law issues. The Committee recognizes a growing need
for objective and timely space and aviation law support in
areas that include deployment and operation of satellites,
commercial infrastructure, data policies, intellectual
property, privacy, liability, international law, use of imagery
as legal evidence, environmental issues, and licensing. As
public and private entities continue to expand their presence
in space, this research will increase in importance. The
Committee therefore provides $3,000,000 for this purpose.
Also, within the amounts made available under this heading,
the Committee recommends funding for the following
organizations and programs:
National Center for Advanced Materials Performance,
National Institute for Aviation Research;
Alliance for NanoHealth;
The Mauna Kea Astronomy Education Center, Hilo, Hawaii;
The Center for Nano/Micro/Meso Manufacturing at Purdue
University, Indiana;
The N-SERT (Near-Space Engineering Research and Technology)
Program;
Modular Autonomous Rendevous and Docking Sensor System
[MARDS];
The Delaware AeroSpace Education Foundation;
Fisk University Astronomy and Space Science Education
Program;
Pittsburgh Tissue Engineering Initiative;
The National Technology Transfer Center at Wheeling Jesuit
University, Wheeling, West Virginia, for the HEALTHeWV program;
The Institute for NanoBio Technology at Johns Hopkins
University;
The Jason Foundation;
Manned Space Flight Education Foundation;
Southeast Missouri State University, Educator Resource
Center;
The Alabama Nature Center Immersive Reality Laboratory;
New Mexico State University College of Education for the
Southern New Mexico Science, Engineering, Mathematics, and
Aerospace Academy;
University of Missouri-Rolla, for development of a
millimeter wave portable imaging system;
University of Louisville Rejuvenating Injured Tissues for
Enhanced Wound Healing Project;
NASA Space Nuclear Power Systems Research and Development;
Infrastructure upgrades at the Wallops Island Flight
Facility to accommodate unmanned aerial vehicles;
University of Northern Iowa--GeoInformatics Training,
Research, Education, and Extension Center;
Rhodes College NASA Stars Program;
The Aviation Learning Center at the Museum of Flight,
Seattle, Washington;
The Global Earth Observing System of Systems at the
University of Maryland, Baltimore County;
Center for Science and Technology, Dominican University,
California;
Next Generation Infrastructure Support Equipment;
University of Houston Commercial Space Partnership;
Northwest Missouri State University, nanoscience education
project;
U.S. Space and Rocket Center Museum and Exhibit Upgrades;
The NASA Science, Engineering, Mathematics, and Aerospace
Academy at West Virginia State University;
Northern Kentucky University Astrobiology Initiative;
Spaceflight Health Monitoring Technology;
Western Connecticut State University Science Education
Initiative;
High Strength Composite research;
AAMURI Advanced Space Propulsion Research and Technology
Center for High Temperature Materials Research and Development
for NASA CEV and CLV;
Snake River Institute;
Space Dynamics Lab, Utah State University Calibration
Institute;
The Chesapeake Information Based Aeronautics Consortium;
The MSFC Knowledge Management Integrated Data Environment;
Basic and Test Infrastructure Improvements for Stennis
Space Center;
Boston Museum of Science;
Robotic Exploration Testbed;
The Northern Great Plains Space Sciences Technology Center
at the University of North Dakota, Grand Forks;
Temporal Land Cover Change Research Program at Idaho State
University;
CSU Combined PET/CT Scanner;
The Mid-Atlantic Institute for Space and Technology;
The Bio-Info-Nano Research and Development Institute at
NASA Ames Research Center;
Missouri Western State University, to renovate and expand a
science and mathematics facility;
Wheelock College, Boston, Massachusetts, for a K-6 Science
Teacher Training Program;
The South Alabama Science and Technology Literacy Project;
Compact Laser Sensors;
Montana Space Grant Consortium's Robotics and Lego League
Promotion;
Ramapo College Mathematics, Educational Technology,
Computer Science, and Bioinformatics Initiative, Mahwah, New
Jersey;
A Level 4 Data Storage Prototype Facility;
The Maryland Institute of Dexterous Space Robotics at the
University of Maryland, College Park;
Stennis Commercial Technology Program;
The Center for Advanced Computing at the University of
Vermont, Burlington, Vermont;
McWane Science Center Education Programs;
The MSFC Integrated Health Monitoring Fault Detection and
Correction System;
Grand Valley State University, Allendale, Michigan, for the
West Michigan Science and Technology Initiative;
Western Kentucky University Hardin Planetarium Improvement
Project;
Arkansas Center for Space and Planetary Sciences;
Improvement and Expansion of Science Education Programs for
the North Alabama Counties;
High Peak Power Plasmoid Thruster research;
The Pacific Science Center, Seattle, Washington, to support
the State-wide Leadership and Assistance for Science Education
Reform Initiative;
The Composites Technology Institute in Bridgeport, West
Virginia, for continuation of NASA-related composites workforce
development training;
Methane Fuels for in-space Propulsion Applications;
The Maryland Department of Business and Economic
Development for continued construction of a broadband link
between the Wallops Island Flight Facility and the Patuxent
River Naval Air Station;
Dole Scholarship Program; The Mitchell Institute in
Portland, Maine;
A Micro Satellite Development Program;
Primary Zinc-Air Batteries for Single Use UAVs;
Radially Segmented Launch Vehicle TRL Maturation;
Lightweight Composite Materials research;
Auxiliary Rocket Propulsion Technology; and
Joint Visualization Collaboration between the Goddard Space
Flight Center and NOAA.
EXPLORATION CAPABILITIES
Appropriations, 2006.................................... $6,577,901,000
Supplemental appropriations, 2006....................... 384,800,000
Budget estimate, 2007................................... 6,234,922,000
House allowance......................................... 6,193,500,000
Committee recommendation................................ 6,234,922,000
The Committee recommendation provides $6,234,922,000. The
recommendation is $342,979,000 below the fiscal year 2006
enacted level and the same as the President's request for these
activities.
NASA's Exploration Capabilities [EC] account provides
funding for the Space Operations Mission Directorate. The Space
Operations Mission Directorate includes International Space
Station [ISS], Space Shuttle Program, and Space and Flight
Support.
The EC appropriation includes both the direct and the
indirect costs supporting the Space Operations Mission
Directorate, and provides for all of the research; development;
operations; salaries and related expenses; design, repair,
rehabilitation, and modification of facilities and construction
of new facilities; maintenance, and operation of facilities;
and other general and administrative activities supporting the
EC programs.
The Shuttle remains the cornerstone of our Nation's heavy
launch capability and is critical to the future of the ISS and
scientific research. The future of the ISS, and other U.S.
manned space flight missions for the rest of the decade are
contingent upon having a working Shuttle fleet that is safe and
reliable throughout the remaining years of the shuttle program.
The Committee recommends $4,056,700,000 for the Shuttle.
This is the same as the budget request. The funds provided are
to be dedicated solely to Shuttle funding needs.
The Committee expects consultation by NASA on all proposed
changes to investments in the Shuttle program. If NASA intends
to make any alterations to funding for the Shuttle, the
Committee expects NASA to follow the guidelines provided in
section 505 of this act.
The Committee has provided the full requested amount of
$1,811,300,000 for the International Space Station [ISS]. The
ISS is a research and technology test bed in low Earth orbit in
which United States and International astronauts conduct
scientific and technological investigations in a space
environment. The ISS supports scientific research for human
space exploration, as well as other research that can only be
conducted in space but require the presence of humans in space.
Return to Flight
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2006.................................. $0
Budget estimate, 2007................................. 0
House allowance....................................... 0
Committee recommendation.............................. 1,000,000,000
The Committee has provided emergency spending of
$1,000,000,000 and created a new budget account to address
costs associated with the return to flight of the space
shuttle. As a result of the loss of the Space Shuttle Columbia,
NASA has experienced significant costs associated with the
repair of the reamining shuttle fleet. This has caused serious
budget and programmatic disruption to NASA's core programs. The
Committee has provided transfer authority to the Administrator
to fund programs that were cut as a result of shifting budget
priorities related to the return to flight. The Administrator
shall submit a spending plan to the Committee for this new
account as part of the annual Operating Plan subject to
approval by the Committee.
Hurricane Katrina
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2006.................................. $0
Budget estimate, 2007................................. 0
House allowance....................................... 0
Committee recommendation.............................. 40,000,000
The Committee has included an emergency funding level of
$40,000,000 under a new budget account to the Stennis Space
Center and the Michoud Assembly Facility to complete repairs
from damage caused by Hurricane Katrina and the other
hurricanes of 2005. With this appropriations, NASA will be able
complete repairs to these facilities. The spending plan for
this appropriation shall be included in the annual Operating
Plan.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2006.................................... $31,986,000
Budget estimate, 2007................................... 33,500,000
House allowance......................................... 33,500,000
Committee recommendation................................ 33,500,000
The Committee recommendation provides $33,500,000. The
recommendation is $1,514,000 above the fiscal year 2006 enacted
level and the same as the budget request.
The Office of Inspector General [IG] was established by the
Inspector General Act of 1978. The Office is responsible for
providing agencywide audits and investigative functions to
identify and correct management and administrative deficiencies
which create conditions for existing or potential instances of
fraud, waste, and mismanagement.
The Committee commends the NASA IG's diligence in
addressing issues of fraud and abuse.
The Committee also directs the NASA IG to continue its
efforts to review NASA's contract procedures and conventions to
determine if there are ways to reform the process and reduce
the costs of NASA programs and activities. In particular, many
NASA contract provisions require NASA to pay for significant
cost overruns in cases of program delays. These costs are
substantial and, in some cases, may be unwarranted or
unnecessary. As a result, implementation of contract reform
should be considered a priority as part of any overall
restructuring at NASA.
ADMINISTRATIVE PROVISIONS
The Committee recommendation includes a series of
provisions, proposed by the administration, which are largely
technical in nature, concerning the availability of funds.
These provisions have been carried in prior-year appropriations
acts.
The Committee is again extremely disappointed in the lack
of detail provided in the fiscal year 2007 congressional budget
justification document. Budget justifications are critical to
the Committee's ability to make informed decisions concerning
the administration's funding requests and must be submitted in
a format with the greatest level of detail possible. By
submitting a budget justification that is not transparent to
the Committee, NASA does itself a disservice by being unable to
explain adjustments to programs on a year-to-year basis. To
address this situation, the Committee has included bill
language that stipulates the minimum acceptable details for
each fiscal year budget submission. NASA shall submit to the
Committee, no later than October 15, 2006, a template for its
fiscal year 2008 budget justification document that complies
with this direction.
The Committee has not included the proposed transfer
authority as requested by NASA. NASA shall also abide by the
guidelines provided in section 505 of this act for any future
requests to reprogram funds.
The Committee recommendation provides no more than
$20,000,000 for the Office of Strategic Communications. The
Committee believes that within the amounts provided adequate
resources exist to execute the functions of this office. Over
time, this office has grown to a total staffing level of 131
FTEs, including 14 Senior Executive Service [SES] positions,
for the Offices of Legislative Affairs, External Affairs, and
Public Affairs. The Committee is also aware that NASA has a
pending solicitation for strategic messaging and communication
services that proposes to further outsource current in-house
speechwriting duties of the Office of Strategic Communications.
The Committee does not appreciate the need for such services
given that there are over 100 staff members, including two
writers in the office of Public Affairs, who are responsible
for supporting NASA with its public representation.
The Committee is concerned that NASA has not utilized
independent cost verification early in the process of
estimating costs for its programs and missions, or in assessing
the appropriate funding levels of sole-source contracts.
Therefore, NASA cannot be certain that potential contract costs
are accurately represented. In allocating resources for current
and future needs, effective cost estimation is crucial. NASA is
directed to incorporate independent cost verification as part
of the process by which contracts are selected and monitored.
Utilization of independent cost verification shall be used as a
guide for assessing when costs have exceeded expectations and
to help identify projects for termination.
Once again the Committee directs NASA that it shall notify,
in writing, the Committee 30 days prior to allocating funds,
modifying, or extending existing contracts that are in excess
of 15 percent of the original contract value. Within this
notification NASA shall justify the additional expenditure of
funds, and NASA shall identify the source of any necessary
additional funds. It is absolutely critical that NASA be able
to control the costs of its activities. The Committee notes
with interest that it has received no such notifications in
fiscal year 2006 and trusts that NASA will maintain a vigilant
eye to ensure all contracts continue to remain on budget.
Finally, for fiscal year 2007 and each year thereafter, the
Committee directs NASA to include the out-year budget impacts
in all reprogramming requests. Future operating plans and all
budget resubmissions also shall include a separate accounting
of all program/mission reserves and impacts on estimated carry
over funds.
National Science Foundation
Appropriations, 2006.................................... $5,581,166,000
Budget estimate, 2007................................... 6,020,012,000
House allowance......................................... 6,020,012,000
Committee recommendation................................ 5,991,690,000
The Committee recommendation provides $5,991,690,000. The
recommendation is $410,524,000 above the fiscal year 2006
enacted level and $28,322,000 below the budget request.
The National Science Foundation [NSF] was established as an
independent agency by the National Science Foundation Act of
1950 (Public Law 81-507) and is authorized to support research
and education programs that promote the progress of science and
engineering in the United States. The Foundation supports
research and education in all major scientific and engineering
disciplines through grants, cooperative agreements, contracts,
and other forms of assistance in all parts of the United
States. The Foundation also supports unique, large-scale
research facilities and international facilities.
NSF is the principal Federal agency charged with promoting
science and engineering education from pre-kindergarten through
career development. This helps ensure that the United States
has world-class scientists, mathematicians and engineers, and
well-prepared citizens for today and the future. In today's
global economy, continued progress in science and engineering
and the transfer of the knowledge developed is vital if the
United States is to maintain its competitiveness. NSF is at the
leading edge of the research and discoveries that will create
the jobs and technologies of the future.
The Committee has had to make difficult funding choices
within the amount provided to the Foundation for the coming
fiscal year. NSF plays a critical role in supporting
fundamental research, education and infrastructure at colleges,
universities, and other institutions throughout the country.
Through these efforts, NSF provides funds for discovery in many
fields, but also holds the unique stewardship within the
Federal research and development enterprise of developing the
next generation of scientists and engineers.
In order to preserve NSF's intrinsic nature of providing
basic research grants across many scientific disciplines, the
Committee has chosen to concentrate the available funds to
areas that will preserve the Nation's ability to lead the world
in the areas of basic research. Additional funding above the
amounts provided in fiscal year 2006 for both the research and
education accounts reflect this emphasis, as well as the desire
of the Committee to provide as much opportunity for the
Nation's current and future researchers.
The Committee is fully supportive of the American
Competitiveness Initiative [ACI]. The funding levels
anticipated for NSF will certainly provide the vital funding
that will broaden the Nation's understanding in fundamental
science disciplines. However, the Committee feels that the ACI
neglects the education work NSF does in support of research
across the country. Broadening participation to
underrepresented groups, such as women and minorities, in the
sciences will only further the goals of the ACI as proposed in
the budget request. For this reason, the Committee has chosen
to redistribute a portion of the funds requested as part of
this new initiative.
The Committee reiterates its long-standing requirement that
NSF request reprogrammings when initiating new programs or
activities or reorganizing components. The Committee directs
the Foundation to notify the chairman and ranking minority
member prior to each reprogramming of funds in excess of
$250,000 between programs, activities, or elements. The
Committee expects to be notified of reprogramming actions which
involve less than the above-mentioned amount if such actions
would have the effect of changing the agency's funding
requirements in future years, or if programs or projects
specifically cited in the Committee's reports are affected.
RESEARCH AND RELATED ACTIVITIES
Appropriations, 2006.................................... $4,331,483,000
Budget estimate, 2007................................... 4,665,950,000
House allowance......................................... 4,665,950,000
Committee recommendation................................ 4,646,420,000
The Committee recommendation provides $4,646,420,000. The
recommendation is $314,937,000 above the fiscal year 2006
enacted level and $19,530,000 below the budget request.
The Research and Related Activities appropriation addresses
the Foundation's three strategic goals: people--developing a
diverse, internationally competitive and globally engaged
workforce of scientists, engineers, and well-prepared citizens;
ideas--enabling discovery across the frontiers of science and
engineering, connected to learning, innovation, and service to
society; and tools--providing broadly accessible, state-of-the-
art science and engineering facilities and shared research and
education tools. Research activities will contribute to the
achievement of these outcomes through expansion of the
knowledge base; integration of research and education;
stimulation of knowledge transfer among academia and public and
private sectors; and international activities, and will bring
the perspectives of many disciplines to bear on complex
problems important to the Nation. The Foundation's discipline-
oriented Research and Related Activities account include:
Biological Sciences; Computer and Information Science and
Engineering; Engineering; Geosciences; Mathematical and
Physical Sciences; Social, Behavioral and Economic Sciences;
U.S. Polar Research Programs; U.S. Antarctica Logistical
Support Activities; and Integrative Activities.
To improve planning and priority-setting for the Foundation
and improve the Committee's efforts to understand NSF's long-
term budgeting needs, the Committee directs NSF to continue to
provide multi-year budgets for all of its multi-disciplinary
activities. For fiscal year 2007 and each year hereafter NSF
shall provide the Committee with documentation that identifies
these types of initiatives in future budget requests.
The Committee has provided the budget request of
$386,930,000 for polar research activities. Within this amount
$57,000,000 is provided for icebreaking activities.
The Committee recommends $101,220,000 for the Plant Genome
Research Program. The Committee remains a strong supporter of
this important program due to its potential impact on improving
economically significant crops. The Committee also recognizes
its vast potential in combating hunger in poor countries.
The Committee recommends the requested amount of
$50,740,000 for the operations of the National Radio Astronomy
Observatories. The operations, maintenance, and development of
new instrumentation at the Very Large Array, the Very Long
Baseline Array, and the Green Bank Telescope allow these world-
class facilities to provide valuable research into the origins
of the universe.
NSF has been the lead agency for the National
Nanotechnology Initiative, and will continue to contribute to
this emerging technology. The Committee recommends the full
funding level requested for nanotechnology. This level of
funding will allow the Foundation to continue to be the leader
for this initiative. NSF is encouraged to make sure that public
misconceptions of this field are minimized.
The Office of International Science and Engineering [OISE]
has worked to ensure that U.S. researchers are involved with
leading research across the globe. As research becomes more
collaborative--with partnerships reaching across nations, the
work of this office--identifying research opportunities around
the globe--will grow. The Committee supports the fiscal year
2007 funding request for OISE in order to keep U.S. research at
the forefront of global science.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
Appropriations, 2006.................................... $190,881,000
Budget estimate, 2007................................... 240,250,000
House allowance......................................... 237,250,000
Committee recommendation................................ 237,250,000
The Committee recommendation provides $237,250,000. The
recommendation is $46,369,000 above the fiscal year 2006
enacted level and $3,000,000 below the budget request.
The major research equipment and facilities construction
appropriation supports the acquisition, procurement,
construction, and commissioning of unique national research
platforms and facilities as well as major research equipment.
Projects supported by this appropriation will push the
boundaries of technology and offer significant expansion of
opportunities, often in new directions, for the science and
engineering community. Preliminary design and development
activities, on-going operations, and maintenance costs of the
facilities are provided through the research and related
activities appropriation account.
The Committee recommendation includes requested funding for
five continuing projects, as follows: $47,890,000 for the
Atacama Large Millimeter Array [ALMA]; $27,400,000 for
EarthScope; $28,650,000 for the IceCube Neutrino Observatory;
$42,880,000 for the Scientific Ocean Drilling Vessel; and
$9,130,000 for South Pole Station Modernization. The Committee
feels that the highest priorities within this account are the
projects that are currently under construction.
The Committee understands that ALMA has recently been
reviewed by NSF and may require additional funding beyond the
amounts requested within the fiscal year 2007 budget
submission. If additional funds are required for ALMA, the
Committee will consider a reprogramming of funds from within
the resources provided in this account to accommodate such
funding needs.
In addition, the recommendation also includes funding for
the following new projects: $56,000,000 for the Alaska Region
Research Vessel, which shall be home-ported in the same
location as the vessel it is replacing, the Alpha Helix;
$13,500,000 for the Ocean Observatories Initiative; and
$12,000,000 for the National Ecological Observatory Network.
Finally, the recommendation does not include $3,000,000 to
reimburse the Department of Justice Judgment Fund.
EDUCATION AND HUMAN RESOURCES
Appropriations, 2006.................................... $796,693,000
Budget estimate, 2007................................... 816,220,000
House allowance......................................... 832,432,000
Committee recommendation................................ 835,750,000
The Committee recommendation provides $835,750,000. The
recommendation is $39,057,000 above the fiscal year 2006
enacted level and $19,530,000 above the budget request.
The education and human resources appropriation supports a
comprehensive set of programs across all levels of education in
science, technology, engineering and mathematics [STEM]. The
appropriation supports activities that unite school districts
with institutions of higher learning to improve precollege
education. Other precollege activities include the development
of the next generation of precollege STEM education leaders;
instructional materials; and the STEM instructional workforce.
Undergraduate activities support curriculum, laboratory, and
instructional improvement; expand the STEM talent pool; attract
STEM participants to teaching; augment advanced technological
education at 2-year colleges; and develop dissemination tools.
Graduate support is directed to research and teaching
fellowships and traineeships and instructional workforce
improvement by linking precollege systems with higher
education. Programs also seek to broaden the participation of
groups underrepresented in the STEM enterprise, build State and
regional capacity to compete successfully for research funding,
and promote informal science education. Ongoing evaluation
efforts and research on learning strengthen the base for these
programs.
The Committee strongly encourages NSF to continue support
for undergraduate science and engineering education. At a time
when enrollment in STEM fields of study continues to decline,
it is important that NSF use its position to support students
working towards degrees in these areas.
NSF must play a significant role in attracting more of the
best and brightest students in the Nation into the science,
mathematics, engineering, and technology fields as part of the
American Competitiveness Initiative [ACI]. The Committee also
urges NSF to work towards increasing the number of women,
minorities, and other underrepresented groups to the greatest
extent possible.
To address the importance of broadening science and
technology participation is of concern to the Committee and the
recommendation provides funding amounts for the following
programs: $32,000,000 for Historically Black Colleges and
Universities--Undergraduate Program [HBCU-UP]; $43,000,000 for
the Louis Stokes Alliance for Minority Participation program;
and $30,000,000 for the Science, Technology, Engineering, and
Mathematics Talent Expansion program.
The Committee has included $110,000,000 for the
Experimental Program to Stimulate Competitive Research
[EPSCoR], of which at least $65,000,000 shall be used for the
Research Infrastructure Improvement [RII] component supporting
research areas aligned with statewide EPSCoR science and
technology priorities. By providing additional funds for the
EPSCoR program, the Committee feels that the goals of the ACI
to keep the Nation competitive will be accomplished as the
research and development capacity of the country is expanded.
SALARIES AND EXPENSES
Appropriations, 2006.................................... $246,807,000
Budget estimate, 2007................................... 281,822,000
House allowance......................................... 268,610,000
Committee recommendation................................ 256,500,000
The Committee recommendation provides $256,500,000. The
recommendation is $9,693,000 above the fiscal year 2006 enacted
level and $24,720,000 below the budget request.
The salaries and expenses appropriation provides funds for
staff salaries, benefits, travel, training, rent, advisory and
assistance services, communications and utilities expenses,
supplies, equipment, and other operating expenses necessary for
management of the National Science Foundation's [NSF] research
and education activities.
OFFICE OF THE NATIONAL SCIENCE BOARD
Appropriations, 2006.................................... $3,949,000
Budget estimate, 2007................................... 3,910,000
House allowance......................................... 3,910,000
Committee recommendation................................ 3,910,000
The Committee recommendation provides $3,910,000. The
recommendation is $39,000 below the fiscal year 2006 enacted
level and the same as the budget request.
The National Science Board is the governing body of the
National Science Foundation. The Board is composed of 24
members, appointed by the President and confirmed by the
Senate. The Board is also charged with serving as an
independent adviser to the President and Congress on policy
matters related to science and engineering research and
education. By law, the Board establishes the policies of the
National Science Foundation, provides oversight of its programs
and activities, and approves of its strategic directions and
budgets.
Given the increasing oversight responsibilities of the
Board, driven by the growth of the Foundation, the Committee
wants to ensure the Board continues to carryout effectively its
policy-making and oversight responsibilities. The Committee is
providing funding to support the operations, activities,
training, expenses, and staffing of the Board.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2006.................................... $11,353,000
Budget estimate, 2007................................... 11,860,000
House allowance......................................... 11,860,000
Committee recommendation................................ 11,860,000
The Committee recommendation provides $11,860,000. The
recommendation is $507,000 above the fiscal year 2006 enacted
level and the same as the budget request.
The Office of Inspector General appropriation provides
audit and investigation functions to identify and correct
deficiencies that could create potential instances of fraud,
waste, or mismanagement.
The funds provided will allow the OIG to further its
efforts in several priority areas that pose the greatest risk
to the agency: financial management, acquisition, information
technology, human capital, award administration, awardee
financial accountability and compliance, and the management of
agency programs and projects.
EXECUTIVE OFFICE OF THE PRESIDENT
Office of Science and Technology Policy
Appropriations, 2006.................................... $5,493,000
Budget estimate, 2007................................... 5,369,000
House allowance......................................... 5,369,000
Committee recommendation................................ 5,369,000
The Committee recommendation provides $5,369,000. The
recommendation is $124,000 below the fiscal year 2006 enacted
level and the same as the budget request.
The Office of Science and Technology Policy [OSTP] was
created by the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (Public Law 94-282)
and coordinates science and technology policy for the White
House. OSTP provides authoritative scientific and technological
information, analysis, and advice for the President, for the
executive branch, and for Congress; participates in
formulation, coordination, and implementation of national and
international policies and programs that involve science and
technology; maintains and promotes the health and vitality of
the U.S. science and technology infrastructure; reviews and
analyzes, with the Office of Management and Budget, the
research and development budgets for all Federal agencies; and
coordinates research and development efforts of the Federal
Government to maximize the return on the public's investment in
science and technology and to ensure Federal resources are used
efficiently and appropriately.
The President's Science Advisor should continue to play an
integral role in advising the President on the appropriate
balance among and between disciplines and agencies in the
Federal R&D portfolio. The Committee also expects the Science
Advisor will conduct effective outreach to the science and
engineering community and be an active and influential advisor
to the President on important public policy issues grounded in
science and technology.
The American Competitiveness Initiative [ACI] is a
promising step toward keeping the country at the forefront of
innovation and will provide the foundation for future
leadership in the world in science. The ACI reflects the
longstanding view of the Committee that investment in research
is essential to understanding the world around us, as well as
providing the base from which technological progress can begin.
The Committee is concerned that the ACI was defined too
narrowly by providing funds to portions of only three agencies
involved in Federal research. While these agencies will benefit
from the additional funding provided, other aspects of the
Federal research and development enterprise that may not
require additional funds also have roles to play in the
competitiveness of the Nation. For example, NASA and NOAA both
have significant research and outreach components that have the
ability to capture the interest of the scientists of tomorrow,
yet these aspects were not included in the ACI. The National
Science Foundation's work in broadening participation in
science though its education programs and the National
Institute of Standards and Technology's capability to provide
assistance in applying today's leading technologies to
businesses were also left untouched by the ACI. For the ACI to
be a truly transformative endeavor, it must bring to bear the
full resources available for promoting competitiveness.
The Committee expects OSTP to send a report to the
Committee on Appropriations that provides a comprehensive view
of how all Federal research agencies can play a role in the
ACI. This report shall be provided to the Committee no later
than January 26, 2007.
The Committee reiterates its long standing interest in
improving coordination and cooperation among the various R&D
agencies under the auspices of OSTP and the National Science
and Technology Council [NSTC]. It is the role of OSTP to
identify such areas and to facilitate and bring about the
cooperation of agencies to accomplish the science and
technology developmental goals of the Nation.
TITLE IV
RELATED AGENCIES
Antitrust Modernization Commission
SALARIES AND EXPENSES
Appropriations, 2006.................................... $1,157,000
Budget estimate, 2007................................... 462,000
House allowance......................................... 462,000
Committee recommendation................................................
The Committee recommendation does not provide funding for
this account due to the absence of a congressional budget
justification for this account.
Commission on Civil Rights
SALARIES AND EXPENSES
Appropriations, 2006.................................... $8,933,000
Budget estimate, 2007................................... 9,309,000
House allowance......................................... 8,933,000
Committee recommendation................................ 9,000,000
The Committee recommendation provides $9,000,000 for the
salaries and expenses of the Commission on Civil Rights. The
recommendation is $67,000 above the fiscal year 2006 enacted
level.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
Appropriations, 2006.................................... $326,998,000
Budget estimate, 2007................................... 322,807,000
House allowance......................................... 322,807,000
Committee recommendation................................ 326,998,000
The Committee recommendation provides $326,998,000. The
recommendation is the same as the fiscal year 2006 enacted
level and $4,191,000 above the budget request.
The Committee is concerned over the rising backlog of
charges of employment discrimination at the Equal Employment
Opportunity Commission [EEOC]. The EEOC estimates that it will
have a backlog of 47,516 complaints in fiscal year 2007. The
Committee's recommended funding levels will result in an
increase in resources to the field, where the vast majority of
the agency's work gets done, while reducing funding for
staffing at headquarters.
The EEOC's decision to move forward with its repositioning
plan despite congressional concern with the plan calls into
question the judgment of leadership at the EEOC. Given the lack
of respect shown for congressional priorities and the inability
of the EEOC to submit detailed budget plans, the Committee has
little choice but to make specific office appropriations for
the EEOC. This is a break from past practice of appropriating
one amount for all of the EEOC's salaries and expenses. The
Committee recommendation includes $234,198,000 for compensation
and benefits, and $92,800,000 for other object classes,
including travel, rent and State and local programs. The
Committee directs that compensation, including salaries and
expenses, be allocated to headquarters offices as follows:
Office of the Chair--$645,095;
Offices of the Vice Chair and Commissioners--$2,665,598;
Office of Executive Secretariat--$555,001;
Office of General Counsel--$6,673,265;
Office of Chief Financial Officer--$4,700,262;
Office of Communications and Legislative Affairs--
$1,367,274;
Office of Equal Opportunity--$1,087,697;
Office of Federal Operations--$8,913,980;
Office of Field Programs, Headquarters--$5,260,542;
Office of Human Resources--$3,955,060;
Office of Information Technology--$1,643,785;
Office of Legal Counsel--$4,203,432;
Office of Research, Information and Planning--$4,752,912;
and
Office of the Inspector General--$2,075,000.
The Committee directs that remaining amounts in salaries
and expenses shall be to support existing field staff, and,
with remaining amounts, to hire permanent field investigator
and attorney positions.
Bill language is also included restoring the Baltimore
office to a district office. Since 1990, the population of
Maryland has grown by 1,770,000 people and the number of
employees has increased by more than 335,000 since 1993. In
keeping with these demographic trends, the Baltimore office has
seen its load of charges rise steadily, more so than any other
office in the country. The EEOC is directed to designate the
Baltimore office a district office and to hire a regional
attorney for the office.
The Committee recommends that the National Contact Center
be discontinued after the pilot contract ends, in light of the
findings contained in the June 29, 2006 Inspector General
report on the subject. The Inspector General report concludes
that the NCC, as presently operated, is not effective. It found
that the NCC handled 269,693 calls, far lower than the 1.2
million calls projected by the EEOC and estimates that the NCC
saves the time equivalent of 6.71 full-time equivalent
employees. These conclusions make clear that the Contact Center
is not serving more people, or to the EEOC's overall cost
efficiencies. No funds provided in this act may be used to
support the National Contact Center.
The Committee recommendation provides a $265,000 increase
for the Office of the Inspector General above the fiscal year
2006 enacted level. The Committee directs the Inspector General
to submit, within 90 days of enactment of this act, an
evaluation of the impact the EEOC's repositioning plan has had
on the delivery of core services. The report should include an
evaluation of cost savings attributable to the repositioning,
and the impact that the repositioning has had on the EEOC's
capacity to deter, detect, and litigate violations of the
Nation's civil rights laws.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriations, 2006.................................... $289,758,000
Budget estimate, 2007................................... 302,542,000
House allowance......................................... 294,261,000
Committee recommendation................................ 301,500,000
The Committee recommendation provides $301,500,000 for the
salaries and expenses of the Federal Communications Commission
[FCC], of which $301,500,000 is to be derived from the
collection of fees. The recommendation is $11,742,000 above the
fiscal year 2006 enacted level and $1,042,000 below the budget
request. The recommendation does not transfer more of the cost
of supporting the FCC to the General Fund as proposed by the
budget request.
The FCC is charged with regulating interstate and
international communications by radio, television, wire,
satellite, and cable. The FCC is also charged with promoting
the safety of life and property through wire and radio
communications. The mandate of the FCC under the Communications
Act is to make available to all people of the United States a
rapid, efficient, nationwide, and worldwide wire and radio
communication service. The FCC performs five major functions to
fulfill this charge: spectrum allocation, creating rules to
promote fair competition and protect consumers where required
by market conditions, authorization of service, enhancing
public safety and homeland security, and enforcement. The
recommendation includes increases over the fiscal year 2006
appropriation for the following activities: wages and operating
costs, $8,515,000; lifecycle replacement for public safety
vehicles, $1,080,000; upgrades of financial systems,
information technology systems, and technical equipment,
$1,809,000; and consumer outreach for transition to digital
television [DTV], $335,000.
Broadcast Television Standards.--The Committee continues to
be concerned about the declining standards of broadcast
television and the impact this decline is having on America's
children. Overall sexual content, foul language, and violence
have tripled over the past decade. The Committee directs the
FCC to continue to report to Congress on the issues associated
with resurrecting a broadcast industry code of conduct for
content of programming that, if adhered to by the broadcast
industry, would protect against the further erosion of
broadcasting standards.
Washington Nationals Baseball.--The Committee strongly
urges the FCC to act expeditiously upon the complaint filed
under section 616 of the Communications Act regarding
Washington Nationals baseball.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriations, 2006.................................... $210,079,000
Budget estimate, 2007................................... 223,000,000
House allowance......................................... 213,079,000
Committee recommendation................................ 223,000,000
The Committee recommendation provides $223,000,000. The
recommendation is $4,921,000 above the fiscal year 2006 enacted
level and the same as the budget request.
The Federal Trade Commission [FTC] administers a variety of
Federal antitrust and consumer protection laws. Activities in
the antitrust area include detection and elimination of illegal
collusion, anticompetitive mergers, unlawful single-firm
conduct, and injurious vertical agreements. The FTC regulates
advertising practices, service industry practices, marketing
practices, and credit practices as it addresses fraud and other
consumer concerns.
Of the amounts provided, $129,000,000 is from Hart-Scott-
Rodino pre-merger filing fees and $18,000,000 is from Do-Not-
Call fees. The total amount of direct appropriations for this
account is therefore $76,000,000. This represents an increase
of $4,921,000 above the fiscal year 2006 direct appropriation.
The Committee notes that this change reflects an increase in
offsetting fee collection receipts since last year.
Do-Not-Call Initiative.--The recommendation includes
$18,000,000 for the FTC Do-Not-Call initiative and
implementation of the Telemarketing Sales Rule [TSR], of which
the entire amount is to be derived from the collection of fees.
The Do-Not-Call initiative was launched pursuant to the FTC's
amended TSR to establish a national database of telephone
numbers of consumers who choose not to receive telephone
solicitations from telemarketers. The Do-Not-Call initiative
has received broad support from, and will provide significant
benefits to, consumers from all corners of the United States.
Child Protection.--The FTC in September of 2000, released a
report entitled: ``Marketing Violent Entertainment to Children:
A Review of Self-Regulation and Industry Practices in the
Motion Picture, Music Recording & Electronic Game Industries''.
The report was very critical of the entertainment industry and
its persistent and calculated marketing of violent games,
movies, and music to children. In response to this report, the
entertainment industry has promised to impose tougher
regulations on itself and to voluntarily comply with the
report's recommendation. The FTC should continue with, and
expand upon, its efforts in this area. The Committee directs
the Commission to continue to engage in consumer research and
workshops, underage shopper-retail compliance surveys, and
marketing data collection.
Internet.--The FTC is charged with monitoring compliance
with the Children's Online Privacy Protection Act (Public Law
105-277). The recommendation provides the Commission the
funding resources it needs to meet the challenges of increased
fraud on the Internet. The Committee commends the FTC for
reorganizing the unique and difficult challenge posed by the
Internet, an international phenomenon that lacks borders, to
protect the safety of our children.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
Appropriations, 2006.................................... $326,578,000
Budget estimate, 2007................................... 310,860,000
House allowance......................................... 338,860,000
Committee recommendation................................ 358,527,000
The Committee recommendation provides $358,527,000. The
recommendation is $31,949,000 above the fiscal year 2006
enacted level and $47,667,000 above the budget request.
The Committee recommendation provides $337,782,000 for
basic field programs, to be used for competitively awarded
grants and contracts, $12,825,000 for management and
administration, $2,970,000 for client self-help and information
technology, $2,970,000 for the Office of the Inspector General,
and $1,980,000 for grants to offset losses due to census
adjustments.
ADMINISTRATIVE PROVISIONS
The Committee recommendation continues the administrative
provisions contained in the fiscal year 1998 appropriations act
(Public Law 105-119) regarding operation of this program to
provide basic legal services to disadvantaged individuals and
the restrictions on the use of Legal Services Corporation [LSC]
funds.
Grantees must agree not to engage in litigation and related
activities with respect to a variety of matters including: (1)
redistricting; (2) class action suits; (3) representation of
illegal aliens; (4) political activities; (5) collection of
attorney fees; (6) abortion; (7) prisoner litigation; (8)
welfare reform; (9) representation of charged drug dealers
during eviction proceedings; and (10) solicitation of clients.
The exception to the restrictions occurs in a case where there
is imminent threat of physical harm to the client or
prospective client remains in place.
The manner in which the LSC grantees are audited through
contracts with certified public accountants for financial and
compliance audits are continued, along with the provisions on
recompetition and debarment.
Marine Mammal Commission
SALARIES AND EXPENSES
Appropriations, 2006.................................... $2,883,000
Budget estimate, 2007................................... 2,133,000
House allowance......................................... 2,000,000
Committee recommendation................................ 2,133,000
The Committee recommendation provides $2,133,000. The
recommendation is $750,000 below the fiscal year 2006 enacted
level and the same as the budget request.
The Marine Mammal Commission and its Committee of
Scientific Advisors on Marine Mammals are charged with
maintaining an overview of, and providing advice on, domestic
and international actions to further the policies and
provisions of the Marine Mammal Protection Act. The Commission
provides objective, science-based advice to the Congress and
the executive branch on issues related to the protection of
marine mammals.
The Committee expects the Commission to continue to
prioritize activities related to minimizing the direct and
indirect effects of chemical contaminants, marine debris,
noise, and other forms of ocean pollution on marine mammals and
other marine organisms.
National Veterans' Business Development Corporation
Appropriations, 2006.................................... $1,481,000
Budget estimate, 2007...................................................
House allowance.........................................................
Committee recommendation................................ 1,500,000
The Committee recommendation provides $1,500,000 for the
National Veterans' Business Development Corporation [NVBDC].
The recommendation is $19,000 above the fiscal year 2006
funding level and $1,500,000 above the budget request.
The Committee notes in the conference report accompanying
Public Law 109-108, that the NVBDC was to make its operations
self-sustaining. The funding provided will allow the NVDBC to
transition from receiving appropriated funds, to being able to
operate on its own as intended.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriations, 2006.................................... $863,117,000
Budget estimate, 2007................................... 890,846,000
House allowance......................................... 880,517,000
Committee recommendation................................ 890,846,000
The Committee recommendation provides a total budget
(obligational) authority of $890,846,000 for the salaries and
expenses of the United States Securities and Exchange
Commission [SEC], of which the entire amount is to be derived
from the collection of fees. The recommendation is $27,729,000
below the fiscal year 2006 enacted level and identical to the
budget request.
The mission of the SEC is to administer and enforce Federal
securities laws in order to protect investors and to maintain
fair, honest, and efficient markets. This includes ensuring
full disclosure of financial information, regulating the
Nation's securities markets, and preventing and policing fraud
and malpractice in the securities and financial markets. The
strength of the American economy and our Nation's financial
markets is dependent upon investors' confidence in the
financial disclosures and statements released by publicly
traded companies.
Small Business Administration
Appropriations, 2006.................................... $450,566,000
Supplemental appropriations, 2006....................... 1,158,000,000
Budget estimate, 2007................................... 639,001,000
House allowance......................................... 672,792,000
Committee recommendation................................ 639,001,000
The Committee recommendation provides $639,001,000, for the
Small Business Administration [SBA]. The recommendation is
$188,435,000 above the fiscal year 2006 enacted level,
excluding emergency appropriations, and the same as the budget
request. Funding is distributed among the SBA appropriation
accounts as described below.
SALARIES AND EXPENSES
Appropriations, 2006.................................... $309,031,000
Budget estimate, 2007................................... 303,550,000
House allowance......................................... 293,550,000
Committee recommendation................................ 303,550,000
The Committee recommendation provides $303,550,000. The
recommendation is $5,481,000 above the fiscal year 2006 enacted
level and the same as the budget request. Within the amount
provided, full funding is recommended for the 8(a) program and
the Office of Women's Business Ownership.
In addition, within the amounts made available under this
heading, the Committee recommends grants for the following
organizations and programs:
$700,000 for Lynch Street Corridor Redevelopment;
$20,000 for the Clemson University International Center for
Automotive Research Lambda Rail Access Node;
$650,000 for the Southern Census Research Data Center at
Mississippi State University;
$150,000 for the Small Business Incubator in McLean County,
Illinois;
$300,000 for the University of South Alabama Mitchell
College of Business;
$3,100,000 the SmartSynch Wireless Rural Access Program;
$800,000 for the Terre Haute Business Incubator, Terre
Haute, Indiana;
$500,000 for First State Innovation, Delaware;
$900,000 for the Downtown Jackson Civic Plaza;
$200,000 for the High-Tech Consortium of Southern New
Mexico;
$40,000 for Delta Plant Technologies, Akron, Ohio;
$250,000 for Guntersville, Alabama Downtown Revitalization;
$500,000 for New Mexico State University for the Arrowhead
Center;
$1,000,000 for Calhoun County Economic Development;
$320,000 for the Tuck School/MBDA initiative;
$1,000,000 for Alcorn State university facility
improvements;
$2,675,000 for the Haddad Riverfront Park in Charleston,
West Virginia;
$750,000 for Montgomery, Alabama Downtown Development;
$1,400,000 for Mississippi University for Women facility
improvements;
$700,000 for Holmes County Arts Council multipurpose
building;
$400,000 for E4 Entrepreneurship for Immigrants,
Minorities, Women and People of Disability in Southwest King
County, Washington;
$500,000 for the Delaware Technology Park Business
Incubator Laboratory Expansion;
$300,000 for LeFleur Lakes Development Foundation;
$1,000,000 for the Jefferson County Greenway Development
Project;
$100,000 for the Staten Island, New York, Financial
Clearinghouse;
$600,000 to USM for Composite Materials Use in Hurricane
Rebuilding;
$300,000 for Altoona-Blair County Development Corporation's
Entrepreneurial Institute, Altoona, Pennsylvania;
$300,000 for the City of Columbus Train Depot;
$500,000 for Central Connecticut State University's
Institute for Technology and Business Development Hispanic
Initiative;
$250,000 for the Great Plains Energy Corridor Coordinating
Office, Bismarck, North Dakota;
$600,000 for Small Business High Temperature Silicon
Carbide manufacturing;
$250,000 for the Tuskegee Human and Civil Rights
Multicultural Center;
$750,000 for the Mississippi State University Ultra-
Wideband Technology Commercialization program;
$500,000 for the Nanotechnology Applied Science Lab at
North Dakota State College of Science;
$800,000 for the City of Westpoint for Economic
Development;
$500,000 for the City of Huntsville Cultural Development
project;
$250,000 for the Cedar Rapids, Iowa, Retail Entrepreneurial
Center for Nucleus Retail Incubator;
$250,000 for the Institute for Social and Economic
Development Ventures, Iowa, for the Barnabas Micro Loan
Program;
$4,000,000 for Industrial Outreach Service at Mississippi
State University;
$400,000 for the Adelante Development Center;
$250,000 for the University of Vermont Small Enterprise
Research Initiative;
$700,000 for Mississippi Valley State University for
facility improvements;
$350,000 U.S.S. Alabama Battleship Project, Mobile,
Alabama;
$600,000 for Technology and Software to Detect Criminal and
Terrorist Activity in Commercial Transactions;
$500,000 for the High Plains Center for Product Innovation,
Commercialization, and Support at the South Dakota School of
Mines and Technology;
$700,000 for the Cleveland Avenue YMCA Expansion,
Montgomery, Alabama;
$1,000,000 for Beth Medrash Govoha, New Jersey, for the
Lakewood Small Business Incubator;
$1,500,000 for the MS Technology Alliance;
$750,000 for the Vermont Broadband Council;
$250,000 for the Alabama Small Business Institute;
$500,000 for the Vermont Center for Emerging Technologies;
$40,000 for the BioEnterprise Entrepreneurial Acceleration
Program, Cleveland, Ohio;
$500,000 for the Women's Business Development Center in
Stamford, Connecticut;
$2,000,000 for Mississippi Technology Transfer and Recovery
Centers;
$300,000 for the Central Alabama Woman's Business Center;
$500,000 for the University of Arkansas Research and
Technology Park;
$80,000 for the Entrepreneur and Leadership Program at
Lewis-Clark State College;
$400,000 for the City of Pascagoula Economic Development;
$400,000 for the Northwest Agricultural Business Center,
Washington;
$250,000 for the Center for Rural Affairs' Nebraska Rural
Small Business Training and Technical Assistance program;
$400,000 for the Alabama Department of Archives and History
Education Initiative;
$300,000 for Rand Gulf State Policy Institute for Economic
Development Recovery Research;
$500,000 for the Research and Commercialization Center,
Arizona State University;
$100,000 for the Knoxville College Small Business
Incubator;
$400,000 for the University of Nevada, Reno's Small
Business Initiative;
$1,500,000 for the USM Information Technology Services
Laboratory;
$100,000 for the University of Alabama Music Outreach
project;
$500,000 for the Center for Economic Growth, Albany, New
York, for the Business Accelerator Program;
$800,000 for Hancock County Center for Business and
Community Recovery;
$500,000 for the University of Kentucky/New Product
Development and Commercialization Center;
$575,000 for Detroit Renaissance;
$400,000 for the City of Gulfport for Economic Development;
$200,000 for the Bend Venture Catalyst, Oregon;
$500,000 for Environmental Science Education Center,
Columbiana, Alabama; and
$250,000 for the Baker County, Oregon, Integrated Wood
Utilization Center.
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
The Committee recommendation provides $122,990,000 for the
SBA non-credit business assistance programs. The recommendation
is $28,444,000 above the budget request.
The Committee recommendations, by program are displayed in
the following table:
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Small Business Development Centers.................... 89,000
Drug-free Workplace Grants............................ 990
SCORE................................................. 5,000
Women's Business Centers.............................. 12,500
Women's Council....................................... 750
Microloan Technical Assistance........................ 10,000
Veteran's Business Development Assistance............. 750
Native American Outreach.............................. 1,000
PRIME Technical Assistance............................ 1,000
HUBZones.............................................. 2,000
-----------------
Total, Non-credit Business Assistance Program... 122,990
------------------------------------------------------------------------
The recommendation provides $1,500,000 for the Small
Disadvantaged Business Program, which is funded through
reimbursements from interagency collections.
The Committee continues to support the Small Business
Development Center Program.
The Committee remains concerned about the indicators used
by SBA to evaluate economic distress in making determinations
of eligibility for assistance under the HUBZone program. The
Committee understands that the current indicators SBA uses may
exclude certain economically distressed rural areas,
particularly those suffering from high emmigration of people
and job loss.
The recommendation includes language providing for the
continuation of the Women's Business Centers sustainability
centers and language providing that such centers shall receive
40 percent of the total funding provided for Women's Business
Centers.
The Committee directs the SBA to locate a full-time
international finance specialist from the SBA Office of
International Trade in the gulf coast region. The Committee is
concerned that the international finance specialists that serve
the gulf are located in other parts of the country. Assigning a
specialist to be located in the region will encourage exporting
in the gulf coast and assist local businesses with their
economic recovery efforts following Hurricanes Rita and
Katrina.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2006.................................... $13,722,000
Budget estimate, 2007................................... 14,355,000
House allowance......................................... 13,722,000
Committee recommendation................................ 14,355,000
The Committee recommendation provides $14,355,000 for the
Office of Inspector General. The recommendation is $633,000
above the fiscal year 2006 enacted level and the same as the
budget request.
SURETY BOND GUARANTEES REVOLVING FUND
Appropriations, 2006.................................... $2,824,000
Budget estimate, 2007................................... 2,970,000
House allowance......................................... 2,824,000
Committee recommendation................................ 2,970,000
The Committee recommendation provides $2,970,000. The
recommendation is $146,000 above the fiscal year 2006 enacted
level and the same as the budget request.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2006.................................... $124,989,000
Budget estimate, 2007................................... 126,136,000
House allowance......................................... 163,706,000
Committee recommendation................................ 126,136,000
The Committee recommendation provides $126,136,000. The
recommendation is $1,147,000 above the fiscal year 2006 enacted
level and the same as the budget request.
Of the amount provided for administrative expenses, which
may be transferred to and merged with SBA salaries and
expenses, to cover the common overhead expenses associated with
the business loans programs.
The recommendation provides $2,000,000 for the Microloan
Direct program.
DISASTER LOANS PROGRAM ACCOUNT
Appropriations, 2006....................................................
Supplemental appropriations, 2006....................... $1,153,000,000
Budget estimate, 2007................................... 198,990,000
House allowance......................................... 198,990,000
Committee recommendation................................ 198,990,000
The Committee recommendation provides $198,990,000. The
recommendation is $198,990,000 above the fiscal year 2006
enacted level, not including emergency supplemental
appropriations, and the same as the budget request.
Within the amount provided, $85,140,000 is for direct loan
subsidies. Also within the amount provided, $113,850,000 is for
administrative expenses. As always, SBA is urged to seek out
emergency funding in the event of a disaster requiring loan
assistance.
ADMINISTRATIVE PROVISIONS
The recommendation continues language concerning transfer
authority and availability of funds.
The Committee recommendation also provides no funding for
E-Gov activities for fiscal year 2007. If the SBA determines
that funds are necessary for these efforts, the Committee will
consider a reprogramming of existing resources consistent with
section 505 and 516 of this act. Future requests for funding
for any E-Gov initiative to the Senate Committee on
Appropriations must include a detailed cost-benefit analysis,
along with business metrics that measure the successful
implementation and the savings to SBA derived from its
contribution to E-Gov. In addition, the request must identify
any information technology systems, programs, or contracts that
are being terminated in order to migrate to an E-Gov
initiative. All reprogramming requests must demonstrate that
the benefits from the transfer for an E-Gov initiative are
greater than the original purpose for which the funds were
appropriated. These requirements apply to future budget
submissions and reprogramming requests for the current and
future fiscal years. The SBA Inspector General shall (1) audit
and review all E-Gov documentation, including the assumptions
contained in the cost-benefit analysis; and (2) certify that
the documentation validates the outcomes of the E-Gov cost-
benefit analysis.
State Justice Institute
SALARIES AND EXPENSES
Appropriations, 2006.................................... $3,455,000
Budget estimate, 2007...................................................
House allowance......................................... 2,000,000
Committee recommendation................................ 4,500,000
The Committee recommendation provides $4,500,000. The
recommendation is $1,045,000 above the fiscal year 2006 enacted
level and $4,500,000 above the budget request.
The Institute was created in 1984 to further the
development and adoption of improved judicial administration in
State courts.
TITLE V
GENERAL PROVISIONS
The Committee recommends the following general provisions
for the departments, agencies and commissions funded in the
accompanying bill.
Section 501 requires agencies to provide quarterly reports
regarding unobligated balances.
Section 502 prohibits any appropriation contained in the
act from remaining available for obligation beyond the current
year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in the act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection except where otherwise
provided under existing law or under existing executive order
issued pursuant to existing law.
Section 504 provides for severability should a provision of
this act be found to be unconstitutional.
Section 505(a) stipulates Committee policy concerning the
reprogramming of funds. Section 505(a) prohibits the
reprogramming of funds which: (1) creates new programs; (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 offices or
employees; (5) reorganizes or renames offices, programs, or
activities; or (6) contracts out or privatizes any function or
activity presently performed by Federal employees unless the
Appropriations Committees of the House and Senate are notified
15 days in advance.
Section 505(b) prohibits a reprogramming of funds in excess
of $750,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings,
including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or
projects as approved by Congress unless the Appropriations
Committees of the House and Senate are notified 15 days in
advance.
Section 506 prohibits construction, repair, overhaul,
conversion, or modernization of National Oceanic and
Atmospheric Administration ships outside of the United States.
Section 507 provides for a penalty for persons found to
have falsely mislabeled products.
Section 508 requires agencies and departments funded in
this act to absorb any necessary costs related to downsizing or
consolidation within the amounts provided to the agency or
department.
Section 509 limits the availability of funds for tobacco
promotion.
Section 510 prohibits a user fee from being charged for
background checks conducted pursuant to the Brady Handgun
Control Act of 1993 (Public Law 103-159) and prohibits
implementation of a background check system that does not
require and result in the immediate destruction of certain
information.
Section 511 delays obligation of some receipts deposited
into the Crime Victims Fund.
Section 512 none of the funds made available to the
Department of Justice in this act may be used to discriminate
against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Section 513 limits transfers of funds between agencies.
Section 514 prohibits the Small Business Administration
from selling certain disaster loans.
Section 515 directs the Secretary of Commerce, with the
consent of the President, to have lead responsibility for
negotiating treaties concerning fisheries, marine mammals, or
sea turtles.
Section 516 requires that any funds proposed to be used by
agencies funded under this act to implement certain initiatives
shall be subject to the provisions of this section and section
505 of this Act.
Section 517 requires the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to include specific language in any
release of tracing study data that makes clear that trace data
cannot be used to draw broad conclusions about firearms-related
crime.
Section 518 states none of the funds appropriated or
otherwise made available under this act may be used to issue
patents on claims directed to or encompassing a human organism.
Section 519 prohibits the use of funds to support or
justify the use of torture.
Section 520 prohibits the payment of salaries or
administrative expenses in relation to export to Canada of
certain components, parts, accessories, or attachments for
firearms.
Section 521 prohibits the use of funds to process permits
to import certain products (curios and relics).
Section 522 limits reprogrammings and transfers after June
30 to extraordinary circumstance.
Section 523 includes authorizing funds appropriated for
intelligence activities for the Department of Justice during
fiscal year 2007 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2007.
Section 524 requires all Office of Inspector Generals
funded under this act to forward copies of all audit reports to
the Committee immediately after they are issued and to
immediately make the Committee aware of any review that
recommends cancellation of, or modification to, any major
acquisition project or grant, or that recommends significant
budgetary savings. The Office of Inspector Generals funded
under this act are directed to withhold from public
distribution for a period of 15 days any final audit or
investigation report, that was requested by the Senate
Committee on Appropriations.
Section 525 provides that none of the funds made available
in this act may be used to implement, administer, or enforce
any guidelines of the Equal Employment Opportunity Commission
covering harassment based on religion.
Section 526 requires notification of awards prior to public
announcement.
Section 527 extends the Universal Service Fund exemption
from the Antideficiency Act.
Section 528 allows for funds appropriated in Public Law
109-108 to be used by the Millry Improvements Association.
Section 529 prohibits the Federal Communications Commission
from changing rules governing the Universal Service Fund
regarding single connection or primary line restrictions.
Section 530 prohibits any involuntary reduction in force
for any NASA center during fiscal year 2007.
Section 531 prohibits the implementation of Federal
Communications Commission primary line rules.
Section 532 the Contact Lens Consumer Protection Act.
Section 533 related to explicit materials.
TITLE VI
RESCISSIONS
DEPARTMENT OF JUSTICE
Violent Crime Reduction Trust Fund
(RESCISSION)
The recommendation includes a rescission of $8,000,000 of
unobligated balances in this account.
General Administration
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
(RESCISSION)
The recommendation includes a rescission of $39,000,000 in
unobligated balances from this account. These funds shall be
drawn from the Telecommunication Carrier Compliance account.
COUNTERTERRORISM FUND
(RESCISSION)
The recommendation includes a rescission of $11,000,000
from unobligated balances in this account. Any funding that
would be necessary for this purpose should be provided through
emergency supplemental appropriations.
Legal Activities
ASSETS FORFEITURE FUND
(RESCISSION)
The recommendation includes a rescission of $170,000,000
from unobligated balances in this account.
United States Attorneys
SALARIES AND EXPENSES
(RESCISSION)
The recommendation includes a rescission of $27,000,000
from unobligated balances in this account.
Federal Prison System
SALARIES AND EXPENSES
(RESCISSION)
The recommendation includes a rescission of $3,000,000 from
unobligated balances in this account.
Office of Justice Programs
JUSTICE ASSISTANCE GRANTS
(RESCISSION)
The recommendation includes a rescission of $127,500,000
from unobligated balances in this account.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSION)
The recommendation includes a rescission of $127,500,000
from unobligated balances in this account.
RELATED AGENCIES
Small Business Administration
SALARIES AND EXPENSES
(RESCISSION)
The recommendation includes a rescission of $6,100,000 of
unobligated balances in this account.
BUSINESS LOANS PROGRAM ACCOUNT
(RESCISSION)
The recommendation includes a rescission of $5,000,000 of
unobligated balances in this account.
DISASTER LOANS PROGRAM ACCOUNT
(RESCISSION)
The recommendation includes a rescission of $3,700,000 of
unobligated balances in this account.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Rule XVI, paragraph 7 requires that every report on a
general appropriation bill filed by the Committee must identify
items of appropriation not made to carry out the provisions of
an existing law, a treaty stipulation, or an act or resolution
previously passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities that currently lack an authorization for fiscal
year 2007, either in whole or in part, and therefore fall under
this rule:
Department of Justice
General Administration:
--Administrative Review and Appeals;
--Vaccine Injury Compensation Trust Fund;
--Foreign Claims Settlement Commission;
--Construction of Witness Safesites;
--Federal Bureau of Investigation--Salaries and Expenses;
--Federal Bureau of Investigation--Construction; and
--Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Violence Against Women Prevention and Prosecution Programs:
--STOP Formula Program;
--Encouraging Arrest Policies;
--Rural Domestic Violence;
--Training Programs for Probation and Pretrial Services;
--Stalking Database;
--Safe Havens;
--Education and Training for Disabled Female Victims;
--Civil Legal Assistance;
--Violence on College Campuses;
--Training Programs for Disabled Women;
--Court Appointed Special Advocates;
--Training for Judicial Personnel; and
--Grants for Televised Testimony.
Office of Justice Programs:
Justice Assistance:
--Management and Administration;
--National Institute of Justice;
--Bureau of Justice Statistics;
--Regional Information Sharing System; and
--White Collar Crime Center.
State and Local Law Enforcement:
--Byrne Discretionary Grants;
--Boys and Girls Clubs;
--Southwest Border Prosecutors;
--State Prison Drug Treatment Program; and
--Intelligence State and Local Training.
Community Oriented Policing:
--Training and Technical Assistance;
--Tribal Law Enforcement;
--Methamphetamine Hot Spots;
--Law Enforcement Interoperability and Technologies;
--Project Safe Neighborhoods;
--Sex Offender Apprehension;
--Project Childsafe;
--Anti-gang Initiative; and
--Offender Reentry.
Juvenile Justice:
--Tribal Youth;
--Alcohol Prevention;
--Gang Prevention;
--Juvenile Accountability Block Grant;
--Victims of Child Abuse Act; and
--Secure our Schools Act.
Department of Commerce, Related Agencies
Office of the United States Trade Representative; and
International Trade Commission.
Department of Commerce:
--International Trade Administration;
--Bureau of Industry and Security;
--National Telecommunications and Information Administration;
--Public Telecommunications Facilities, Planning and
Construction;
--National Institute of Standards and Technology; and
--National Oceanic and Atmospheric Administration.
Science:
--National Science Foundation.
Related Agencies
United States Commission on Civil Rights;
Federal Communications Commission;
Federal Trade Commission;
Legal Services Corporation;
Marine Mammal Commission; and
Securities and Exchange Commission.
COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on July 13, 2006,
the Committee ordered reported, en bloc: H.R. 5672, making
appropriations for the Departments of Commerce and Justice,
Science, and related agencies for the fiscal year ending
September 30, 2007, and for other purposes, with an amendment
in the nature of a substitute and an amendment to the title;
and S. 3660, an original bill making appropriations for the
government of the District of Columbia and other activities
chargeable in whole or in part against the revenues of said
District for the fiscal year ending September 30, 2007, and for
other purposes; with each bill subject to further amendment and
each subject to the budget allocation, by a recorded vote of
28-0, a quorum being present. The vote was as follows:
Yeas Nays
Chairman Cochran
Mr. Stevens
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Burns
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Craig
Mrs. Hutchison
Mr. DeWine
Mr. Brownback
Mr. Allard
Mr. Byrd
Mr. Inouye
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of the rule XXVI requires that Committee
reports on a bill or joint resolution repealing or amending any
statute or part of any statute include ``(a) the text of the
statute or part thereof which is proposed to be repealed; and
(b) a comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which would
be made by the bill or joint resolution if enacted in the form
recommended by the Committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by this bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in italic; and existing law in
which no change is proposed is shown in roman.
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
Part I. Crimes
* * * * * * *
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec.
2252B Misleading domain names on the Inernet.
2252C. Misleading words or images on the Internet
* * * * * * *
Sec. 2252C. Misleading words or images on the Internet
(a) In General.--
(1) Matter that is obscene.--It is unlawful for any
person knowing to embed words, symbols, or digital
images into the source code of a website with the
intent to deceive another person into viewing material
that is obscene.
(2) Matter that is harmful to children.--It is
unlawful for any person knowing to embed words,
symbols, or digital images into the source code of a
website with the intent to deceive a minor into viewing
material that is harmful to minors.
(3) Identified matter not deceptive.--For purposes
of this section, a word, symbol, or image that clearly
indicates the sexual content of a website as sexual,
pornographic, or similar terms shall not be considered
to be misleading or deceptive.
(b) Definitions.--In this section:
(1) Material harmful to minors.--The term `material
that is harmful to minors' means a communication
consisting of nudity, sex, or excretion that, taken as
a whole and with reference to its content--
(A) predominantly appeals to a prurient
interest of a minor;
(B) is patently offensive to prevailing
standards in the adult community as a whole
with respect to what is suitable material for
minors; and
(C) lacks serious literary, artistic,
political, or scientific value for minors.
(2) Sex.--The term `sex' means acts of
masturbation, sexual intercourse, or physical contact
with a person's genitals, or the condition of human
male or female genitals when in a state of sexual
stimulation or arousal.
(3) Source code.--The term `source code' means the
combination of text and other characters comprising the
content, both viewable and nonviewable, of a web page,
including any website publishing language, programming
language, protocol, or functional content.
(c) Penalties.--
(1) Obscene material.--Violation of subsection
(a)(1) is punishable by a fine under this title, or
imprisonment for not more than 2 years, or both.
(2) Material harmful to minors.--Violation of
subsection (a)(2) is punishable by a fine under this
title, or imprisonment for not more than 4 years, or
both.
* * * * * * *
Sec. 2255. Civil remedy for personal injuries
[(a) Any minor who is] (a) In General.--Any person who,
while a minor, was a victim of a violation of section 2241(c),
2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423
of this title and who suffers personal injury as a result of
[such violation] such violation, regardless of whether the
injury occurred while such person was a minor, may sue in any
appropriate United States District Court and shall recover the
actual damages [such minor] such person sustains and the cost
of the suit, including a reasonable attorney's fee. [Any minor]
Any person as described in the preceding sentence shall be
deemed to have sustained damages of no less than [$50,000]
$150,000 in value.
[(b) Any action] (b) Statute of Limitations.--Any Action
commenced under this section shall be barred unless the
complaint is filed within six years after the right of action
first accrues or in the case of a person under a legal
disability, not later than three years after the disability.
* * * * * * *
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
* * * * * * *
CHAPTER 5--WIRE OR RADIO COMMUNICATION
* * * * * * *
SUBCHAPTER II--COMMON CARRIERS
Part I.--Common Carrier Regulation
* * * * * * *
Sec. 214. Extension of lines or discontinuance of service;
certificate of public convenience and necessity
(a) * * *
* * * * * * *
(e) * * *
(1) * * *
* * * * * * *
(6) Common carriers not subject to State commission
jurisdiction
In the case of a common carrier providing telephone
exchange service and exchange access that is not
subject to the jurisdiction of a State commission, the
Commission shall upon request designate such a common
carrier that meets the requirements of paragraph (1) as
an eligible telecommunications carrier for a service
area designated by the Commission consistent with
applicable Federal and State law. Upon request and
consistent with the public interest, convenience and
necessity, the Commission may, with respect to an area
served by a rural telephone company, and shall, in the
case of all other areas, designate more than one common
carrier as an eligible telecommunications carrier for a
service area designated under this paragraph, so long
as each additional requesting carrier meets the
requirements of paragraph (1). Before designating an
additional eligible telecommunications carrier for an
area served by a rural telephone company, the
Commission shall find that the designation is in the
public interest.
(7) Primary line.--In implementing the requirements
of this Act with respect to the distribution and use of
Federal Universal Service support the Commission shall
not limit such distribution and use to a single
connection or primary line, and all residential and
business lines served by an eligible telecommunications
carrier shall be eligible for Federal universal service
support.
* * * * * * *
COMMUNICATIONS ACT OF 1934 (47 U.S.C. 541)
* * * * * * *
TITLE VI
* * * * * * *
Part III.--Franchising and Regulation
* * * * * * *
SEC. 621. GENERAL FRANCHISE REQUIREMENTS.
(a)(1) * * *
* * * * * * *
(f) No provision of this Act shall be construed to--
(1) prohibit a local or municipal authority that is
also, or is affiliated with, a franchising authority
from operating as a multichannel video programming
distributor in the franchise area, notwithstanding the
granting of one or more franchises by such franchising
authority; or
(2) require such local or municipal authority to
secure a franchise to operate as a multichannel video
programming distributor.
(g) Child Pornography.--A multichannel video programming
distributor may not distribute child pornography (as defined in
section 2256(8) of title 18, United States Code).
* * * * * * *
CRIME CONTROL ACT OF 1990 (42 U.S.C. 13032)
* * * * * * *
SEC. 227. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION
SERVICE PROVIDERS.
(a) * * *
* * * * * * *
(b) * * *
* * * * * * *
(1) * * *
* * * * * * *
(4) Failure to report.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who knowingly and willfully
fails to make a report under that paragraph shall be
fined--
(A) in the case of an initial failure to
make a report, not more than [$50,000;]
$150,000; and
(B) in the case of any second or subsequent
failure to make a report, not more than
[$100,000.] $300,000.
* * * * * * *
FAIRNESS TO CONTACT LENS CONSUMERS ACT, PUBLIC LAW 108-164
* * * * * * *
SECTION 1. * * *
* * * * * * *
SEC. 7. PROHIBITION OF CERTAIN WAIVERS.
A prescriber may not place on the prescription, or require
the patient to sign, or deliver to the patient a form or notice
waiving or disclaiming the liability or responsibility of the
prescriber for the accuracy of the eye examination. The
preceding sentence does not mpose liability on a prescriber for
the ophthalmic goods and services dispensed by another seller
pursuant to the prescriber's correctly verified prescription.
SEC. 7A. POLICY REGARDING THE AVAILABILITY OF CONTACT LENSES.
(a) In General.--A manufacturer shall make any contact lens
the manufacturer produces, markets, distributes, or sells
available in a commercially reasonable and nondiscriminatory
manner to--
(1) prescribers;
(2) entities associated with prescribers; and
(3) alternative channels of distribution.
(b) Exclusion.--
(1) In general.--For purposes of this section, the
term ``contact lens'' does not include lenses that are
described in paragraph (2).
(2) Lenses described.--The lenses described in this
paragraph include--
(A) rigid gas permeable lenses;
(B) bitoric gas permeable lenses;
(C) bifocal gas permeable lenses;
(D) keratoconus lenses;
(E) custom soft toric lenses; and
(F) any other custom designed lenses that
are manufactured for an individual patient and
are not mass marketed or mass produced.
(c) Definitions.--In this section:
(1) Alternative channels of distribution.--The term
``alternative channels of distribution'' means any mail
order company, Internet retailer, pharmacy, buying
club, department store, or mass merchandise outlet,
without regard to whether the entity is associated with
a prescriber, unless the entity is a competitor as
defined in paragraph (2).
(2) Competitor.--The term ``competitor'' means an
entity that manufactures contact lenses and sells the
lenses in direct competition with another manufacturer.
(3) Manufacturer.--The term ``manufacturer''
includes the manufacturer and the parent company of the
manufacturer, and any subsidiaries, affiliates,
successors, and assigns of the manufacturer.
(d) Safe Harbor for Manufacturers.--Nothing in this section
shall be deemed to impose on a manufacturer an obligation to--
(1) sell to a competitor;
(2) sell contact lenses to different contact lens
distributors or customers at the same price, consistent
with applicable Federal law;
(3) open or maintain any account for a seller who
is not in substantial compliance with this Act;
(4) decide whether to sell to a low volume account
directly or through a distributor; or
(5) make available to sellers in all geographic
areas lenses that are being test marketed on a limited
basis in one geographic area.
(e) Prohibition on Filling Expired Prescriptions.--No
entity described in subsection (a) may knowingly fill a
prescription that is expired.
(f) Rulemaking.--The Federal Trade Commission shall
prescribe rules to carry out this section in the same manner as
set forth under section 8 of this Act and any rule prescribed
under this section shall take effect not later than 60 days
after the date of the enactment of this Act.
(g) Violations.--Any violation of this section or the rules
required under subsection (e) shall be treated in the same
manner as provided for under section 9 of this Act.
* * * * * * *
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND FOR
OTHER PURPOSES, PUBLIC LAW 108-199
* * * * * * *
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2004
* * * * * * *
TITLE I--DEPARTMENT OF JUSTICE
* * * * * * *
General Provisions--Department of Justice
* * * * * * *
Sec. 112. (a)(1) None of the funds provided in this Act or
hereafter may be used for courts or law enforcement officers
for a tribe or village--
* * * * * * *
(2)(A) There is established an Alaska Rural Justice and Law
Enforcement Commission (hereinafter ``Justice Commission'').
The United States Attorney General shall appoint the Justice
Commission which shall include a Federal Co-chairman, the
Attorney General for the State of Alaska or his designee who
shall act as the State Co-Chairman, the Commissioner of Public
Safety for the State of Alaska, a representative from the
Alaska Municipal League, a representative from an organized
borough, a representative of the Alaska Federation of Natives,
a tribal representative, a representative from a non-profit
Native corporation that operates Village Public Safety Officer
programs, the Commissioner of Health & Social Services for
Alaska, a representative of an Alaska Native healthcare
provider and a representative from the Alaska Native Justice
Center. The chief judge for the Federal District Court for the
District of Alaska may also appoint a non-voting representative
and a non-voting judge to provide technical support. The
Justice Commission may hire such staff as is necessary to
assist with its work. The Chief Justice of the Alaska Supreme
Court may appoint a non-voting representative of the Alaska
Supreme Court to provide technical support.
* * * * * * *
UNIVERSAL SERVICE ANTIDEFICIENCY TEMPORARY SUSPENSION ACT OF 2004--
PUBLIC LAW 108-494
* * * * * * *
TITLE III
* * * * * * *
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO
UNIVERSALSERVICE FUND.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on [December 31, 2006]
December 31, 2007, section 1341 and subchapter II of chapter 15
of title 31, United States Code, do not apply--
(1) to any amount collected or received as Federal
universal service contributions required by section 254
of the Communications Act of 1934 (47 U.S.C. 254),
including any interest earned on such contributions;
nor
(2) to the expenditure or obligation of amounts
attributable to such contributions for universal
service support programs established pursuant to that
section.
(b) Post-2005 Fulfillment of Protected Obligations.--
Section 1341 and subchapter II of chapter 15 of title 31,
United States Code, do not apply after [December 31, 2006]
December 31, 2007, to an expenditure or obligation described in
subsection (a)(2) made or authorized during the period
described in subsection (a).
* * * * * * *
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2006 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2007
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation compared with (+
or ^)
Item 2006 Budget estimate House allowance Committee --------------------------------------------------
appropriation recommendation 2006
appropriation Budget estimate House allowance
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--DEPARTMENT OF JUSTICE
General Administration
Salaries and expenses............ 86,289 115,505 35,400 41,126 -45,163 -74,379 +5,726
Office of Intelligence and 36,577 ............... ............... ............... -36,577 ............... ...............
Policy Review...............
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 122,866 115,505 35,400 41,126 -81,740 -74,379 +5,726
National Security Division
Salaries and expenses............ ............... 66,970 66,970 64,866 +64,866 -2,104 -2,104
Justice information sharing 123,404 175,007 125,000 100,000 -23,404 -75,007 -25,000
technology......................
Tactical wireless communications. 88,851 89,217 89,000 75,000 -13,851 -14,217 -14,000
Administrative review and appeals 212,930 229,212 229,152 229,212 +16,282 ............... +60
Emergency appropriations 9,000 ............... ............... ............... -9,000 ............... ...............
(Public Law 109-234)........
Detention trustee................ 1,206,392 1,332,326 1,331,026 1,332,326 +125,934 ............... +1,300
Prior year unobligated -44,425 ............... -5,000 -53,168 -8,743 -53,168 -48,168
balances....................
----------------------------------------------------------------------------------------------------------------------
Direct appropriation....... 1,161,967 1,332,326 1,326,026 1,279,158 +117,191 -53,168 -46,868
Office of Inspector General...... 67,922 70,558 70,558 70,558 +2,636 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, General 1,786,940 2,078,795 1,942,106 1,859,920 +72,980 -218,875 -82,186
Administration............
United States Parole Commission
Salaries and expenses............ 10,859 11,951 11,500 11,500 +641 -451 ...............
Legal Activities
General legal activities:
Emergency appropriations 9,000 ............... ............... ............... -9,000 ............... ...............
(Public Law 109-234)........
Direct appropriation......... 653,505 684,324 668,739 654,324 +819 -30,000 -14,415
Vaccine injury compensation trust 6,252 6,333 6,292 6,333 +81 ............... +41
fund (permanent)................
Antitrust Division............... 144,088 147,742 145,915 147,742 +3,654 ............... +1,827
Offsetting fee collections-- -116,000 -129,000 -129,000 -129,000 -13,000 ............... ...............
current year................
----------------------------------------------------------------------------------------------------------------------
Direct appropriation....... 28,088 18,742 16,915 18,742 -9,346 ............... +1,827
United States Attorneys
Salaries and expenses............ 1,579,565 1,664,400 1,664,400 1,646,195 +66,630 -18,205 -18,205
Emergency appropriations 9,000 ............... ............... ............... -9,000 ............... ...............
(Public Law 109-148)........
Emergency appropriations 11,000 ............... ............... ............... -11,000 ............... ...............
(Public Law 109-234)........
----------------------------------------------------------------------------------------------------------------------
Total, United States 1,599,565 1,664,400 1,664,400 1,646,195 +46,630 -18,205 -18,205
Attorneys.................
United States Trustee System Fund 211,664 236,116 223,447 234,000 +22,336 -2,116 +10,553
Offsetting fee collections... -206,728 -229,000 -218,447 -229,000 -22,272 ............... -10,553
Interest on U.S. securities.. -4,936 -5,000 -5,000 -5,000 -64 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Direct appropriation....... ............... 2,116 ............... ............... ............... -2,116 ...............
Foreign Claims Settlement 1,303 1,559 1,431 1,431 +128 -128 ...............
Commission......................
United States Marshals Service
Salaries and expenses (non-CSE).. 782,903 824,642 825,924 844,761 +61,858 +20,119 +18,837
Emergency appropriations 9,000 ............... ............... ............... -9,000 ............... ...............
(Public Law 109-148)........
Emergency appropriations 1,000 ............... ............... ............... -1,000 ............... ...............
(Public Law 109-234)........
Construction..................... 8,769 1,282 ............... 11,282 +2,513 +10,000 +11,282
----------------------------------------------------------------------------------------------------------------------
Total, United States 801,672 825,924 825,924 856,043 +54,371 +30,119 +30,119
Marshals Service..........
Fees and expenses of witnesses... 168,000 171,000 171,000 171,000 +3,000 ............... ...............
Community Relations Service...... 9,536 10,229 9,882 9,536 ............... -693 -346
Assets forfeiture fund........... 21,194 21,211 21,202 21,202 +8 -9 ...............
======================================================================================================================
Total, Legal activities.... 3,298,115 3,405,838 3,385,785 3,384,806 +86,691 -21,032 -979
Interagency Law Enforcement
Interagency crime and drug 483,189 706,051 498,457 388,000 -95,189 -318,051 -110,457
enforcement.....................
Federal Bureau of Investigation
Salaries and expenses............ 3,395,906 3,680,664 3,654,934 3,546,225 +150,319 -134,439 -108,709
Emergency appropriations 45,000 ............... ............... ............... -45,000 ............... ...............
(Public Law 109-148)........
Emergency appropriations 85,700 ............... ............... ............... -85,700 ............... ...............
(Public Law 109-234)........
Counterintelligence and national 2,259,663 2,307,994 2,307,994 2,307,994 +48,331 ............... ...............
security........................
----------------------------------------------------------------------------------------------------------------------
Direct appropriation....... 5,786,269 5,988,658 5,962,928 5,854,219 +67,950 -134,439 -108,709
Construction..................... 37,128 51,392 80,422 120,696 +83,568 +69,304 +40,274
----------------------------------------------------------------------------------------------------------------------
Total, Federal Bureau of 5,823,397 6,040,050 6,043,350 5,974,915 +151,518 -65,135 -68,435
Investigation.............
Drug Enforcement Administration
Salaries and expenses............ 1,864,015 1,948,569 1,963,569 1,935,752 +71,737 -12,817 -27,817
Emergency appropriations 10,000 ............... ............... ............... -10,000 ............... ...............
(Public Law 109-148)........
Emergency appropriations 14,200 ............... ............... ............... -14,200 ............... ...............
(Public Law 109-234)........
Diversion control fund....... -199,097 -212,078 -212,078 -212,078 -12,981 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, Drug Enforcement 1,689,118 1,736,491 1,751,491 1,723,674 +34,556 -12,817 -27,817
Administration............
Bureau of Alcohol, Tobacco,
Firearms, and Explosives
Salaries and expenses............ 911,817 860,128 950,128 985,000 +73,183 +124,872 +34,872
Emergency appropriations 20,000 ............... ............... ............... -20,000 ............... ...............
(Public Law 109-148)........
Emergency appropriations 4,000 ............... ............... ............... -4,000 ............... ...............
(Public Law 109-234)........
Legislative proposal......... ............... 120,000 ............... ............... ............... -120,000 ...............
Legislative proposal......... ............... -120,000 ............... ............... ............... +120,000 ...............
----------------------------------------------------------------------------------------------------------------------
Total, Bureau of Alcohol, 935,817 860,128 950,128 985,000 +49,183 +124,872 +34,872
Tobacco, and Firearms.....
Federal Prison System
Salaries and expenses............ 4,830,161 4,987,059 4,987,059 4,986,147 +155,986 -912 -912
Buildings and facilities......... 88,961 117,102 88,961 315,092 +226,131 +197,990 +226,131
Emergency appropriations 11,000 ............... ............... ............... -11,000 ............... ...............
(Public Law 109-148)........
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 99,961 117,102 88,961 315,092 +215,131 +197,990 +226,131
Federal Prison Industries, 3,322 2,477 2,477 2,400 -922 -77 -77
Incorporated (limitation on
administrative expen- ses).....
----------------------------------------------------------------------------------------------------------------------
Total, Federal Prison 4,933,444 5,106,638 5,078,497 5,303,639 +370,195 +197,001 +225,142
System....................
Violence against women office.... 381,566 347,013 418,296 390,000 +8,434 +42,987 -28,296
Office of Justice Programs
Justice assistance............... 230,254 1,033,952 223,575 172,033 -58,221 -861,919 -51,542
Public safety officers ............... 65,000 ............... ............... ............... -65,000 ...............
benefits, death benefits....
----------------------------------------------------------------------------------------------------------------------
Total, Justice assistance.. 230,254 1,098,952 223,575 172,033 -58,221 -926,919 -51,542
State and local law enforcement
assistance:
Justice assistance grants.... 411,159 ............... 635,077 555,126 +143,967 +555,126 -79,951
Boys and Girls clubs..... (83,914) ............... (75,000) (85,000) (+1,086) (+85,000) (+10,000)
National Institute of (9,872) ............... ............... ............... (-9,872) ............... ...............
Justice.................
Antiterrorsim Training... ............... ............... ............... (5,000) (+5,000) (+5,000) (+5,000)
Indian assistance............ 21,719 ............... ............... ............... -21,719 ............... ...............
Tribal prison (8,885) ............... ............... ............... (-8,885) ............... ...............
construction............
Indian tribal courts (7,898) ............... ............... ............... (-7,898) ............... ...............
program.................
Indian grants............ (4,936) ............... ............... ............... (-4,936) ............... ...............
State criminal alien 399,827 ............... 415,000 100,000 -299,827 +100,000 -315,000
assistance program..........
Southwest border (29,617) ............... ............... (29,000) (-617) (+29,000) (+29,000)
prosecutors.............
Southwest border prosecutors. 7 ............... 40,000 ............... -7 ............... -40,000
Byrne grants (discretionary). 189,255 ............... ............... 120,000 -69,255 +120,000 +120,000
Drug courts.................. 9,872 ............... 40,000 15,000 +5,128 +15,000 -25,000
Other crime control programs. 840 ............... ............... ............... -840 ............... ...............
Assistance for victims of 9,872 ............... 21,488 4,000 -5,872 +4,000 -17,488
trafficking.................
Prescription drug monitoring. 7,404 ............... 10,000 ............... -7,404 ............... -10,000
Prison rape prevention....... 17,943 ............... 22,943 ............... -17,943 ............... -22,943
State prison drug treatment.. 9,872 ............... 5,000 2,000 -7,872 +2,000 -3,000
Intelligence sharing......... 9,872 ............... 2,000 ............... -9,872 ............... -2,000
Cannabis eradication......... 4,936 ............... ............... ............... -4,936 ............... ...............
Capital litigation........... 987 ............... 2,000 7,000 +6,013 +7,000 +5,000
Mentally Ill Offender Act.... 4,936 ............... 5,000 5,000 +64 +5,000 ...............
Sex Offender registry........ ............... ............... 1,984 1,984 +1,984 +1,984 ...............
Emergency appropriations 125,000 ............... ............... ............... -125,000 ............... ...............
(Public Law 109-148)........
Undesignated................. ............... ............... 1,500 ............... ............... ............... -1,500
Associated outlays........... ............... ............... ............... ............... ............... ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, State and local law 1,223,501 ............... 1,201,992 810,110 -413,391 +810,110 -391,882
enforcement...............
Weed and seed program fund....... 49,361 ............... 49,348 40,000 -9,361 +40,000 -9,348
Community oriented policing
services:
Training and technical 3,949 3,997 3,997 3,000 -949 -997 -997
assistance..................
Bullet proof vests........... 29,617 ............... 32,000 20,000 -9,617 +20,000 -12,000
Tribal law enforcement....... 14,808 31,065 36,065 31,065 +16,257 ............... -5,000
Meth hot spots............... 62,778 40,084 99,000 85,000 +22,222 +44,916 -14,000
COPS technology.............. 138,117 ............... 100,000 110,000 -28,117 +110,000 +10,000
Interoperable (9,872) ............... ............... (5,000) (-4,872) (+5,000) (+5,000)
communications..........
Criminal records upgrade..... 9,872 ............... 6,373 5,000 -4,872 +5,000 -1,373
DNA backlog/crime lab........ 107,145 ............... 175,568 175,568 +68,423 +175,568 ...............
Paul Coverdell forensics 18,264 ............... ............... 18,000 -264 +18,000 +18,000
science.....................
Crime identification 28,407 ............... ............... ............... -28,407 ............... ...............
technology..................
Project Safe Neighborhoods ............... ............... 54,808 30,000 +30,000 +30,000 -24,808
(PSN).......................
Prosecutor Training...... ............... ............... ............... (4,500) (+4,500) (+4,500) (+4,500)
Reduce Gang Violence..... ............... ............... (40,000) (15,000) (+15,000) (+15,000) (-25,000)
Project Child Safe....... ............... ............... ............... (992) (+992) (+992) (+992)
Victims Assistance....... ............... ............... ............... (4,000) (+4,000) (+4,000) (+4,000)
Offender reentry............. 4,936 ............... 6,936 5,000 +64 +5,000 -1,936
Reduce gang violence......... 39,489 ............... ............... ............... -39,489 ............... ...............
Child Sexual Predator ............... ............... ............... 55,000 +55,000 +55,000 +55,000
Elimination.................
Management and administration ............... 26,950 26,950 ............... ............... -26,950 -26,950
Undesignated................. ............... ............... ............... ............... ............... ............... ...............
Associated outlays........... ............... ............... ............... ............... ............... ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, Community oriented 457,382 102,096 541,697 537,633 +80,251 +435,537 -4,064
policing services.........
Juvenile justice programs........ 338,361 ............... 285,739 300,200 -38,161 +300,200 +14,461
Public safety officers benefits:
Death benefits............... 64,000 ............... 65,000 65,000 +1,000 +65,000 ...............
Disability and education 8,834 ............... 8,828 8,834 ............... +8,834 +6
benefits....................
----------------------------------------------------------------------------------------------------------------------
Total, Public safety 72,834 ............... 73,828 73,834 +1,000 +73,834 +6
officers benefits program.
======================================================================================================================
Total, Office of Justice 2,371,693 1,201,048 2,376,179 1,933,810 -437,883 +732,762 -442,369
Programs..................
======================================================================================================================
Total, title I, Department 21,714,138 21,494,003 22,455,789 21,955,264 +241,126 +461,261 -500,525
of Justice................
Appropriations......... (21,351,238) (21,494,003) (22,455,789) (21,955,264) (+604,026) (+461,261) (-500,525)
Rescissions............ ............... ............... ............... ............... ............... ............... ...............
Emergency (362,900) ............... ............... ............... (-362,900) ............... ...............
appropriations........
======================================================================================================================
TITLE II--DEPARTMENT OF COMMERCE
AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE
DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade
Representative
Salaries and expenses............ 44,207 42,197 46,207 42,197 -2,010 ............... -4,010
International Trade Commission
Salaries and expenses............ 61,950 64,200 62,575 64,200 +2,250 ............... +1,625
----------------------------------------------------------------------------------------------------------------------
Total, Related agencies.... 106,157 106,397 108,782 106,397 +240 ............... -2,385
======================================================================================================================
DEPARTMENT OF COMMERCE
International Trade
Administration
Operations and administration.... 401,728 421,782 429,782 421,782 +20,054 ............... -8,000
Offsetting fee collections... -7,898 -13,000 -13,000 -8,000 -102 +5,000 +5,000
----------------------------------------------------------------------------------------------------------------------
Direct appropriation....... 393,830 408,782 416,782 413,782 +19,952 +5,000 -3,000
Bureau of Industry and Security
Operations and administration.... 60,451 63,815 62,039 63,815 +3,364 ............... +1,776
CWC enforcement.............. 14,579 14,767 14,767 14,767 +188 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, Bureau of Industry 75,030 78,582 76,806 78,582 +3,552 ............... +1,776
and Security..............
Economic Development
Administration
Economic development assistance 250,741 297,467 230,741 250,741 ............... -46,726 +20,000
programs........................
Salaries and expenses............ 29,691 29,700 29,700 29,700 +9 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, Economic Development 280,432 327,167 260,441 280,441 +9 -46,726 +20,000
Administration............
Minority Business Development
Agency
Minority business development.... 29,641 29,641 29,641 29,641 ............... ............... ...............
======================================================================================================================
Total, Trade and 885,090 950,569 892,452 908,843 +23,753 -41,726 +16,391
Infrastructure Development
ECONOMIC AND INFORMATION
INFRASTRUCTURE
Economic and Statistical Analysis
Salaries and expenses............ 79,278 80,482 79,880 80,482 +1,204 ............... +602
Bureau of the Census
Salaries and expenses............ 195,500 184,067 190,067 184,067 -11,433 ............... -6,000
Periodic censuses and programs... 606,363 694,092 635,792 644,092 +37,729 -50,000 +8,300
----------------------------------------------------------------------------------------------------------------------
Total, Bureau of the Census 801,863 878,159 825,859 828,159 +26,296 -50,000 +2,300
National Telecommunications and
Information Administration
Salaries and expenses............ 17,837 17,837 17,837 17,837 ............... ............... ...............
Public telecommunications 21,719 ............... ............... 22,000 +281 +22,000 +22,000
facilities, planning
andconstruction.................
----------------------------------------------------------------------------------------------------------------------
Total, National 39,556 17,837 17,837 39,837 +281 +22,000 +22,000
Telecommunications and
Information Administration
United States Patent and
Trademark Office
Current year fee funding......... 1,683,086 1,771,000 1,771,000 1,771,000 +87,914 ............... ...............
Offsetting fee collections... -1,683,086 -1,771,000 -1,771,000 -1,771,000 -87,914 ............... ...............
======================================================================================================================
Total, Economic and 920,697 976,478 923,576 948,478 +27,781 -28,000 +24,902
Information Infrastructure
SCIENCE AND TECHNOLOGY
Technology Administration
Salaries and expenses............ 5,923 1,485 2,000 2,500 -3,423 +1,015 +500
National Institute of Standards
and Technology
Scientific and technical research 394,762 467,002 467,002 467,002 +72,240 ............... ...............
and services....................
(Transfer out)............... (-987) (-9,450) (-9,450) (-9,450) (-8,463) ............... ...............
Manufacturing extension 183,624 46,332 92,000 106,000 -77,624 +59,668 +14,000
partnerships/Industrial
technology services.............
Construction of research 173,651 67,998 67,998 190,998 +17,347 +123,000 +123,000
facilities......................
Working capital fund (by (987) (9,450) (9,450) (9,450) (+8,463) ............... ...............
transfer).......................
----------------------------------------------------------------------------------------------------------------------
Total, National Institute 752,037 581,332 627,000 764,000 +11,963 +182,668 +137,000
of Standards and
Technology................
National Oceanic and Atmospheric
Administration
Operations, research, and 2,727,930 2,587,843 2,365,164 3,284,425 +556,495 +696,582 +919,261
facilities......................
Medicare-eligible retiree ............... 2,000 ............... 2,000 +2,000 ............... +2,000
health fund contrib.........
(By transfer from Promote and (66,144) (77,000) (77,000) (77,000) (+10,856) ............... ...............
Develop Fund)...............
By transfer from Coastal zone 2,962 3,000 3,000 3,000 +38 ............... ...............
management..................
Emergency appropriations 17,200 ............... ............... ............... -17,200 ............... ...............
(Public Law 109-148)........
Emergency appropriations 118,000 ............... ............... ............... -118,000 ............... ...............
(Public Law 109-234)........
----------------------------------------------------------------------------------------------------------------------
Total, Operations, 2,866,092 2,592,843 2,368,164 3,289,425 +423,333 +696,582 +921,261
research, and facilities..
Procurement, acquisition and 1,109,919 1,024,467 996,703 1,057,898 -52,021 +33,431 +61,195
construction....................
Emergency appropriations 37,400 ............... ............... ............... -37,400 ............... ...............
(Public Law 109-148)........
Emergency appropriations 32,000 ............... ............... ............... -32,000 ............... ...............
(Public Law 109-234)........
----------------------------------------------------------------------------------------------------------------------
Total, Procurement, 1,179,319 1,024,467 996,703 1,057,898 -121,421 +33,431 +61,195
acquisition and
construction..............
Pacific coastal salmon recovery.. 66,638 66,825 20,000 90,000 +23,362 +23,175 +70,000
Coastal zone management fund..... -3,000 -3,000 -3,000 -3,000 ............... ............... ...............
Fisheries finance program account -9,000 -3,000 -5,000 -3,000 +6,000 ............... +2,000
----------------------------------------------------------------------------------------------------------------------
Total, National Oceanic and 4,100,049 3,678,135 3,376,867 4,431,323 +331,274 +753,188 +1,054,456
Atmospheric Administration
======================================================================================================================
Total, Science and 4,858,009 4,260,952 4,005,867 5,197,823 +339,814 +936,871 +1,191,956
Technology................
OTHER
Departmental Management
Salaries and expenses, 46,860 56,999 30,060 52,070 +5,210 -4,929 +22,010
Departmental Management.........
Travel and tourism............... 3,949 ............... ............... ............... -3,949 ............... ...............
HCHB renovation and modernization ............... 18,000 ............... ............... ............... -18,000 ...............
Office of Inspector General...... 22,467 22,531 22,531 22,531 +64 ............... ...............
Steel Loan authorization (Sec. ............... ............... ............... ............... ............... ............... ...............
205)............................
National Intellectual Property ............... 990 ............... ............... ............... -990 ...............
Law Enforcement Coordination
Council.........................
----------------------------------------------------------------------------------------------------------------------
Total, Departmental 73,276 98,520 52,591 74,601 +1,325 -23,919 +22,010
management................
======================================================================================================================
Total, Department of 6,630,915 6,180,122 5,765,704 7,023,348 +392,433 +843,226 +1,257,644
Commerce..................
======================================================================================================================
Total, title II, Department 6,737,072 6,286,519 5,874,486 7,129,745 +392,673 +843,226 +1,255,259
of Commerce and related
agencies..................
Appropriations......... (6,532,472) (6,286,519) (5,874,486) (7,129,745) (+597,273) (+843,226) (+1,255,259)
Emergency (204,600) ............... ............... ............... (-204,600) ............... ...............
appropriations........
(By transfer).......... (67,131) (86,450) (86,450) (86,450) (+19,319) ............... ...............
(Transfer out)......... (-987) (-9,450) (-9,450) (-9,450) (-8,463) ............... ...............
======================================================================================================================
TITLE III--SCIENCE
National Aeronautics and Space
Administration
Science, aeronautics and 9,636,727 10,523,805 10,482,000 10,488,805 +852,078 -35,000 +6,805
exploration.....................
Exploration capabilities......... 6,577,901 6,234,922 6,193,500 6,234,922 -342,979 ............... +41,422
Emergency appropriations 349,800 ............... ............... ............... -349,800 ............... ...............
(Public Law 109-148)........
Emergency appropriations 35,000 ............... ............... ............... -35,000 ............... ...............
(Public Law 109-234)........
Return to Flight (emergency ............... ............... ............... 1,000,000 +1,000,000 +1,000,000 +1,000,000
appropriations).................
Katrina Recovery (emergency ............... ............... ............... 40,000 +40,000 +40,000 +40,000
appropriations).................
Office of Inspector General...... 31,986 33,500 33,500 33,500 +1,514 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, NASA................ 16,631,414 16,792,227 16,709,000 17,797,227 +1,165,813 +1,005,000 +1,088,227
National Science Foundation
Research and related activities 4,264,825 4,598,430 4,598,430 4,578,900 +314,075 -19,530 -19,530
(non-defense)...................
Defense function............. 66,658 67,520 67,520 67,520 +862 ............... ...............
Major research equipment and 190,881 240,250 237,250 237,250 +46,369 -3,000 ...............
facilities construction.........
Education and human resources.... 796,693 816,220 832,432 835,750 +39,057 +19,530 +3,318
Salaries and expenses............ 246,807 281,822 268,610 256,500 +9,693 -25,322 -12,110
National Science Board........... 3,949 3,910 3,910 3,910 -39 ............... ...............
Office of Inspector General...... 11,353 11,860 11,860 11,860 +507 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, National Science 5,581,166 6,020,012 6,020,012 5,991,690 +410,524 -28,322 -28,322
Foundation................
Executive Office of the President
Office of Science and Technology 5,493 5,369 5,369 5,369 -124 ............... ...............
Policy..........................
======================================================================================================================
Total, title III, Science.. 22,218,073 22,817,608 22,734,381 23,794,286 +1,576,213 +976,678 +1,059,905
Appropriations......... (21,833,273) (22,817,608) (22,734,381) (22,754,286) (+921,013) (-63,322) (+19,905)
Emergency (384,800) ............... ............... (1,040,000) (+655,200) (+1,040,000) (+1,040,000)
appropriations........
======================================================================================================================
TITLE IV--RELATED AGENCIES
Antitrust Modernization
Commission
Salaries and expenses............ 1,157 462 462 ............... -1,157 -462 -462
Commission on Civil Rights
Salaries and expenses............ 8,933 9,309 8,933 9,000 +67 -309 +67
Equal Employment Opportunity
Commission
Salaries and expenses............ 326,998 322,807 322,807 326,998 ............... +4,191 +4,191
Federal Communications Commission
Salaries and expenses............ 289,758 302,542 294,261 301,500 +11,742 -1,042 +7,239
transfer from USF for OIG ............... ............... ............... ............... ............... ............... ...............
audits......................
Offsetting fee collections-- -288,771 -301,500 -293,261 -301,500 -12,729 ............... -8,239
current year................
----------------------------------------------------------------------------------------------------------------------
Direct appropriation....... 987 1,042 1,000 ............... -987 -1,042 -1,000
Federal Trade Commission
Salaries and expenses............ 210,079 223,000 213,079 223,000 +12,921 ............... +9,921
Offsetting fee collections-- -116,000 -129,000 -129,000 -129,000 -13,000 ............... ...............
current year................
Offsetting fee collections, -23,000 -18,000 -23,000 -18,000 +5,000 ............... +5,000
telephone database..........
----------------------------------------------------------------------------------------------------------------------
Direct appropriation....... 71,079 76,000 61,079 76,000 +4,921 ............... +14,921
Legal Services Corporation
Payment to the Legal Services 326,578 310,860 338,860 358,527 +31,949 +47,667 +19,667
Corporation.....................
Marine Mammal Commission
Salaries and expenses............ 2,883 2,133 2,000 2,133 -750 ............... +133
National Veterans Business
Development Corporation
National Veterans Business 1,481 ............... ............... 1,500 +19 +1,500 +1,500
Development Corporation.........
Securities and Exchange
Commission
Salaries and expenses............ 888,117 904,846 900,517 904,846 +16,729 ............... +4,329
Prior year unobligated balances.. -25,000 -14,000 -20,000 -14,000 +11,000 ............... +6,000
----------------------------------------------------------------------------------------------------------------------
Direct appropriation....... 863,117 890,846 880,517 890,846 +27,729 ............... +10,329
Small Business Administration
Salaries and expenses............ 309,031 303,550 293,550 303,550 -5,481 ............... +10,000
Legislative proposal......... ............... -7,000 ............... ............... ............... +7,000 ...............
(Transfer out)............... ............... ............... (-1,000) ............... ............... ............... (+1,000)
Office of Inspector General...... 13,722 14,355 13,722 14,355 +633 ............... +633
Emergency appropriations 5,000 ............... ............... ............... -5,000 ............... ...............
(Public Law 109-148)........
Surety bond guarantees revolving 2,824 2,970 2,824 2,970 +146 ............... +146
fund............................
Business Loans Program Account:
Direct loans subsidy......... 1,283 ............... ............... ............... -1,283 ............... ...............
Administrative expenses...... 123,706 126,136 163,706 126,136 +2,430 ............... -37,570
(By transfer from SBA ............... ............... (1,000) ............... ............... ............... (-1,000)
salaries and expenses)......
----------------------------------------------------------------------------------------------------------------------
Total, Business loans 124,989 126,136 163,706 126,136 +1,147 ............... -37,570
program account...........
Disaster Loans Program Account:
Direct loans subsidy......... ............... 85,140 85,140 85,140 +85,140 ............... ...............
Emergency appropriations 264,500 ............... ............... ............... -264,500 ............... ...............
(Public Law 109-148)....
Transfer from FEMA 712,000 ............... ............... ............... -712,000 ............... ...............
(emergency) (Public Law
109-174)................
Administrative expenses...... ............... 113,850 113,850 113,850 +113,850 ............... ...............
Emergency appropriations 176,500 ............... ............... ............... -176,500 ............... ...............
(Public Law 109-148)....
----------------------------------------------------------------------------------------------------------------------
Total, Disaster loans 1,153,000 198,990 198,990 198,990 -954,010 ............... ...............
program account.......
======================================================================================================================
Total, Small Business 1,608,566 639,001 672,792 646,001 -962,565 +7,000 -26,791
Administration........
State Justice Institute
Salaries and expenses............ 3,455 ............... 2,000 4,500 +1,045 +4,500 +2,500
======================================================================================================================
Total, title IV, Related 3,215,234 2,252,460 2,290,450 2,315,505 -899,729 +63,045 +25,055
agencies..................
Appropriations......... (2,057,234) (2,252,460) (2,290,450) (2,315,505) (+258,271) (+63,045) (+25,055)
Emergency (1,158,000) ............... ............... ............... (-1,158,000) ............... ...............
appropriations........
======================================================================================================================
TITLE V--RESCISSIONS
DEPARTMENT OF JUSTICE
Violent crime reduction trust ............... ............... -8,000 -8,000 -8,000 -8,000 ...............
fund (rescission)...............
General Administration
Working capital fund (rescission) -2,500 ............... ............... ............... +2,500 ............... ...............
Telecommunications Carrier ............... ............... -39,000 -39,000 -39,000 -39,000 ...............
Compliance Fund (rescission)....
----------------------------------------------------------------------------------------------------------------------
Subtotal................... -2,500 ............... -39,000 -39,000 -36,500 -39,000 ...............
Legal Activities
Project Seahawk (rescission)..... ............... -27,000 ............... -27,000 -27,000 ............... -27,000
Assets forfeiture fund -102,000 -120,000 -152,787 -170,000 -68,000 -50,000 -17,213
(rescission)....................
----------------------------------------------------------------------------------------------------------------------
Subtotal................... -102,000 -147,000 -152,787 -197,000 -95,000 -50,000 -44,213
Counter Terrorism Fund ............... ............... ............... -11,000 -11,000 -11,000 -11,000
(rescission)....................
Federal Bureau of Investigation
Salaries and expenses -25,000 ............... ............... ............... +25,000 ............... ...............
(rescission)....................
Federal Prison System
Buildings and facilities ............... -142,000 ............... ............... ............... +142,000 ...............
(rescission)....................
Office of Justice Programs
Office of Justice Programs -110,500 -127,500 -127,500 -127,500 -17,000 ............... ...............
(rescission)....................
Community oriented policing -86,500 -127,500 -127,500 -127,500 -41,000 ............... ...............
services (rescission)...........
DEPARTMENT OF COMMERCE
National Institute of Standards
and Technology
Industrial technology service -7,000 ............... ............... ............... +7,000 ............... ...............
(rescission) (Public Law 109-
148)............................
National Oceanic and Atmospheric
Administration
Rescission....................... -25,000 ............... ............... ............... +25,000 ............... ...............
Departmental Management
Emergency steel guaranteed loan ............... -48,607 -38,607 ............... ............... +48,607 +38,607
program account (rescission)....
Department of State
Center for Middle Eastern-Western ............... ............... -10,000 ............... ............... ............... +10,000
Dialogue Trust Fund (rescission)
RELATED AGENCIES
Federal Communications Commission
Salaries and expenses -25,300 ............... ............... ............... +25,300 ............... ...............
(rescission)....................
Federal Trade Commission
Salaries and expenses -12,000 ............... ............... ............... +12,000 ............... ...............
(rescission)....................
Marine Mammal Commission
Salaries and expenses -920 ............... ............... ............... +920 ............... ...............
(rescission)....................
Small Business Administration
Salaries and expenses -3,000 -6,100 -6,100 -6,100 -3,100 ............... ...............
(rescission)....................
Business Loans Program Account -4,000 -5,000 -5,000 -5,000 -1,000 ............... ...............
(rescission)....................
Disaster Loans Program Account ............... -3,700 -3,700 -3,700 -3,700 ............... ...............
(rescission)....................
GENERAL PROVISIONS
Across-the-board cut (1percent) -185 ............... ............... ............... +185 ............... ...............
(rescission) (Public Law 109-
148)............................
======================================================================================================================
Total, title V, Rescissions -403,905 -607,407 -518,194 -524,800 -120,895 +82,607 -6,606
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New budget 53,480,612 52,243,183 52,836,912 54,670,000 +1,189,388 +2,426,817 +1,833,088
(obligational)
authority.............
Appropriations..... (51,774,217) (52,850,590) (53,355,106) (54,154,800) (+2,380,583) (+1,304,210) (+799,694)
Emergency (2,110,300) ............... ............... (1,040,000) (-1,070,300) (+1,040,000) (+1,040,000)
appropriations....
Rescissions........ (-403,905) (-607,407) (-518,194) (-524,800) (-120,895) (+82,607) (-6,606)
(Transfer out)......... (-987) (-9,450) (-10,450) (-9,450) (-8,463) ............... (+1,000)
(By transfer).......... (67,131) (86,450) (87,450) (86,450) (+19,319) ............... (-1,000)
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