28-291
2d Session
109-520
--SCIENCE, STATE, JUSTICE, COMMERCE, AND RELATED AGENCIES APPROPRIATIONS BILL, FISCAL YEAR 2007
[To accompany H.R. 5672]
The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for Science, the Departments of State, Justice and Commerce, and related agencies for the fiscal year ending September 30, 2007.
| INDEX TO BILL AND REPORT | ||
| Page Number | ||
| Bill | Report | |
| Title I--Department of Justice | 2 | 9 |
| Title II--Department of Commerce and Related Agencies | 34 | 66 |
| Office of the United States Trade Representative | 34 | 66 |
| International Trade Commission | 35 | 69 |
| Department of Commerce | 35 | 69 |
| Title III--Science | 54 | 93 |
| Office of Science and Technology Policy | 54 | 93 |
| National Aeronautics and Space Administration | 55 | 94 |
| National Science Foundation | 58 | 100 |
| Title IV--Department of State and Related Agency | 61 | 104 |
| Department of State | 61 | 104 |
| Broadcasting Board of Governors | 73 | 127 |
| Title V--Related Agencies | 80 | 131 |
| Antitrust Modernization Commission | 80 | 131 |
| Commission for the Preservation of America's Heritage Abroad | 80 | 131 |
| Commission on Civil Rights | 80 | 132 |
| Commission on International Religious Freedom | 81 | 132 |
| Commission on Security and Cooperation in Europe | 81 | 133 |
| Congressional-Executive Commission on the People's Republic of China | 82 | 133 |
| Equal Employment Opportunity Commission | 82 | 134 |
| Federal Communications Commission | 83 | 134 |
| Federal Trade Commission | 84 | 136 |
| HELP Commission | 86 | 136 |
| Legal Services Corporation | 86 | 136 |
| Marine Mammal Commission | 87 | 137 |
| Securities and Exchange Commission | 87 | 137 |
| Small Business Administration | 89 | 138 |
| State Justice Institute | 93 | 141 |
| United States-China Economic and Security Review Commission | 93 | 142 |
| United States Institute of Peace | 94 | 142 |
| Title VI--General Provisions | 94 | 142 |
| Title VII--Rescissions | 108 | 147 |
SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee recommends a total of $59,839,000,000 in discretionary budget authority for the departments and agencies funded in this bill. The recommendation is $136,893,000 above the request and $2,631,000,000 above the amount enacted for the current fiscal year. The Committee also recommends $354,000,000 for mandatory programs funded within this bill.
The following table provides a comparison of the new budget authority recommended in the accompanying bill with the amounts appropriated for fiscal year 2006, and the budget request for fiscal year 2007.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
----------------------------------------------------------------------------------------------------------------------
Discretionary* 57,208 59,702 59,839 +2,631 +137
Mandatory 361 354 354 -7
Total 57,569 60,056 60,193 +2,624 +137
----------------------------------------------------------------------------------------------------------------------
HIGHLIGHTS OF THE BILL
Major initiatives and highlights contained in the recommendation follow:
TITLE I- DEPARTMENT OF JUSTICE
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 21,397 21,094 22,116 +719 +1,022
---------------------------------------------------------------------------------------------------------------------
--$22.1 billion in discretionary funding for the Department of Justice, $724 million above the fiscal year 2006 level and $1.0 billion above the President's request;
--$1.7 billion for the United States Attorneys;
--$826 million for United States Marshals Service;
--$6.0 billion for the Federal Bureau of Investigation;
--$1.8 billion for the Drug Enforcement Administration; and
--$2.6 billion to assist State and local law enforcement to fight crime, which is $1.1 billion above the request including: the Edward Byrne Memorial Justice Assistance Grants program ($368 million), the State Criminal Alien Assistance Program ($405 million), juvenile justice and accountability programs ($281 million), law enforcement technologies and interoperable communications ($100 million), the DNA backlog elimination program ($176 million), meth enforcement ($99 million), and violence against women prevention and prosecution programs ($390 million).
TITLE II- DEPARTMENT OF COMMERCE AND RELATED AGENCIES
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 6,583 6,288 5,964 -619 -324
---------------------------------------------------------------------------------------------------------------------
--$1.77 billion for the Patent and Trademark Office;
--$533.5 million for the international trade agencies;
--$3.4 billion for the National Oceanic and Atmospheric Administration, including $882.3 million for the National Weather Service; and
--$627 million for the National Institute of Standards and Technology, including full funding for the American Competitiveness Initiative and $92 million for Manufacturing Extension Partnership Program.
TITLE III- SCIENCE
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 22,183 22,818 22,734 +551 -83
---------------------------------------------------------------------------------------------------------------------
--$16.7 billion for the National Aeronautics and Space Administration; and
--$6.0 billion for the National Science Foundation, including full funding for the American Competitiveness Initiative.
TITLE IV- DEPARTMENT OF STATE AND RELATED AGENCY
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 Request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 9,433 10,049 9,658 +225 -391
---------------------------------------------------------------------------------------------------------------------
--A 2.2 percent increase over fiscal year 2006 for the basic operations of the Department, including supplemental appropriations;
--Additional new positions to respond to high priority diplomatic requirements, including new positions for the Office of the Coordinator for Reconstruction and Stabilization; and new positions for critical needs language training, including Arabic, Chinese (Cantonese and Mandarin), Dari, Pashto, Korean, and Farsi.
--A total of $351 million specifically for public diplomacy programs to counter Anti-American sentiments around the world, and a total of $436 million to enhance efforts to engage foreign audiences through educational and cultural exchanges, especially with the Arab and Muslim world.
--$1.7 billion for embassy security programs, an increase of $115 million over fiscal year 2006, including 50 new diplomatic security personnel. A total of $800.5 million is provided for an overseas capital security cost sharing program, including $671.1 million from the State Department, which will result in acceleration of the program to construct secure replacement facilities for American personnel serving overseas;
--$1.15 billion for assessments for U.S. membership in the United Nations and other international organizations;
--$1.35 billion for contributions for international peacekeeping activities, the full amount requested; and
--$659 million for international broadcasting, including increases for radio and television broadcasting to the Middle East.
TITLE V- RELATED AGENCIES
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 3,248 2,292 2,275 -973 -17
---------------------------------------------------------------------------------------------------------------------
--$213 million for the Federal Trade Commission including the National Do-Not-Call program;
--$901 million in total budget authority for the Securities and Exchange Commission to protect investors and combat corporate fraud; and
--$643 million in total budget authority for the Small Business Administration, including $90 million for the Small Business Development Centers to conduct outreach to the Nation's small businesses and a record $17.5 billion 7(a) business loan program, as requested, to help small businesses access capital.
RIGHT-SIZING THE UNITED STATES GOVERNMENT OVERSEAS PRESENCE
The Committee strongly supports interagency efforts to right-size the overseas presence of the United States Government. The Committee understands the definition of right-sizing to be the systematic and thorough review of all overseas missions and staffing levels and the reallocation of resources to achieve a leaner, streamlined, more agile, and more secure U.S. Government presence abroad. The Committee expects agencies funded in this bill to cooperate fully with all interagency efforts to achieve effective right-sizing.
The 1998 terrorist attacks on two U.S. Embassies in Africa highlighted security deficiencies in diplomatic facilities. Many U.S. personnel overseas continue to work in locations and facilities that do not meet security standards. The attacks on the American Embassies in Africa prompted the creation of the Overseas Presence Advisory Panel, which proposed significant recommendations regarding right-sizing that have subsequently been embraced by this Committee, and included in the President's Management Agenda. In addition, the Government Accountability Office (GAO) has studied right-sizing the Nation's overseas presence. The GAO reports found that U.S. agencies' staffing projections for new embassy compounds are developed without a systematic approach or comprehensive right-sizing analysis. In response, the GAO developed a framework of questions designed to link staffing levels to three critical elements of overseas diplomatic operations: (1) physical/technical security of facilities and employees; (2) mission priorities and requirements; and (3) cost of operations. In light of continuing security vulnerability, the Committee intends to ensure that such a framework is established and followed.
The Committee expects that the fiscal year 2008 budget request will continue to reflect the application of a right-sizing methodology. Increases or expansions should be justified in terms of mission priorities both within the agency, and within the specific diplomatic mission, and should be, to the maximum extent possible, accompanied by offsetting decreases to maximize the allocation of scarce resources to emerging priorities. A proper plan should include a systematic analysis to bring about a reconfiguration of overseas staffing to the minimum level necessary to meet critical U.S. foreign policy goals. The Committee expects to receive this additional analysis prior to the establishment or expansion of any activities beyond those currently approved.
AMERICAN COMPETITIVENESS INITIATIVE
America's advantage in science, math and technology is eroding. Our systems of basic scientific research and education are in crisis, while other countries are redoubling their efforts. The United States can remain the world's technological leader if it makes the commitment to do so. The growing innovation capacity of our economic competitors makes it increasingly important to make our own economy more flexible and responsive.
The Committee is pleased that the Administration has heard the call of the Congress and identified the linkage between funding for science with maintaining our Nation's economic health and national security by including in its request funding for the American Competitiveness Initiative (ACI). The ACI supports bold investments in science and innovation, including investments in research and development, science education, and entrepreneurship. Over ten years, the Administration has proposed a total commitment of $50 billion, which will double the Federal investment in basic scientific research.
The recommendations in this bill include $6 billion for the National Science Foundation, an increase of eight percent, and $627 million for the National Institute for Standards and Technology, an increase of 24 percent for core programs, to help keep America's economy strong by establishing the groundwork for the development of new technologies. The Committee believes there is no more important investment we can make to ensure the security and economic well-being of future generations of Americans.
REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS
As in previous years, section 605 contains language concerning the reprogramming of funds between programs and activities.
The Committee expects each department and agency to follow closely the reprogramming procedures listed below, 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.
The Committee expects that the Chairman of the Appropriations Subcommittee on Science, the Departments of State, Justice and Commerce, and Related Agencies will be notified by letter a minimum of 15 days prior to--
(1) Reprogramming of funds, whether permanent or temporary, in excess of $750,000 or 10 percent, whichever is less, between programs 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.
(2) Increasing funds or personnel by any means for any project or activity for which funds have been denied or restricted.
(3) Creating new programs, offices, agencies or commissions or substantially augmenting existing programs, offices, agencies or commissions.
(4) Relocating offices or employees.
(5) Reorganizing offices, programs, or activities.
In addition, the Committee expects any department or agency funded in the accompanying bill that is planning to conduct a reduction-in-force to notify the Committee by letter 30 days in advance of the date of the proposed personnel action.
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 policy and procedures that are set forth in this report and in section 605 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 Committee has provided each of the departments, NASA and the Small Business Administration, with transfer authority, which is the same as the transfer authority provided in the fiscal year 2006 Appropriations Acts. The Committee believes such authority, together with the traditional reprogramming policy, gives each department or agency the needed flexibility to respond to unanticipated circumstances and requirements, which may arise throughout the fiscal year.
RELATIONSHIP WITH BUDGET AND COMPTROLLER'S OFFICES
Through the years the Appropriations Committee has channeled most of its inquiries and requests for information and assistance through the budget offices or comptroller organizations of the various departments, agencies, and commissions. The Committee has often pointed out the natural affinity and relationship between these organizations and the Appropriations Committee that makes such a relationship imperative. The Committee reiterates its position that, while it reserves the right to call upon all organizations in the departments, agencies, and commissions for information and assistance, the primary contact between the Committee and these entities must be through the budget offices and comptroller organizations.
The workload generated in the budget process is large and growing, and, therefore, a positive, responsive relationship between the Committee and the budget and/or comptroller offices is absolutely essential to the appropriations process to ensure that the information needs of the Committee are met in order to fulfill the Constitutional responsibilities of the Congress.
FULL COMPLIANCE WITH THE TELEWORK DIRECTIVE
Advances in information and computer technology, the development of the Internet, and the growth of wireless and digital products have given some Federal employees the ability to telework, or work anytime from almost any place. Management considerations, such as productive and satisfied workers; environmental considerations, such as reduced traffic congestion and improved air quality; and quality of life considerations, such as accommodating the short- or long-term health needs of employees, require the establishment of telework programs.
Telecommuting provides Federal agencies with a viable option to ensure continuity of operations in the event of an emergency. Following Hurricane Katrina, lapses in the Federal government's performance could have been mitigated by telecommuting. The Committee is aware of businesses that were able to continue operations following Hurricane Katrina due to telecommuting programs already in place. By reducing automobile trips, telecommuting helps to reduce dependence on foreign oil and to reduce car emissions.
In light of the benefits of telecommuting, the Committee remains concerned about the lack of progress being made by Federal agencies in this area. The Committee believes that agencies should be taking extensive measures to certify more Federal employees as eligible to telecommute.
The Committee directs the Departments of Commerce, Justice, and State, the Securities and Exchange Commission, the Small Business Administration, the National Aeronautics and Space Administration and the National Science Foundation to provide a report to the Committee in no less than six months from enactment of this legislation detailing plans to increase the eligible number of telecommuters as well as what major obstacles exist.
The bill includes a provision requiring that the Departments of Commerce, Justice, and State, the Securities and Exchange Commission, the Small Business Administration, the National Aeronautics and Space Administration and the National Science Foundation certify that telecommuting opportunities have increased over the fiscal year 2006 levels. Language is repeated from fiscal year 2006 requiring that $5,000,000 be made available only after certification is made; requiring agencies to designate a Telework Coordinator. Previous public laws have required the departments and agencies to each establish a policy under which eligible employees may participate in telecommuting to the maximum extent possible without diminished performance.
BUDGET PRESENTATION
The Committee is supportive of budget and performance integration so that government programs can become more results-oriented. While the amount of performance data included in budget documents has increased, in many cases it has been at the expense of programmatic budget data and justifications that are critical to the work of the Committee. The Committee expects all Departments and agencies covered under this Act to consult with the Committee on this issue before submission of the fiscal year 2008 Budget Request and justification materials.
TITLE I--DEPARTMENT OF JUSTICE
Despite severe funding limitations faced by the Committee in fiscal year 2007, the recommendation for the Department of Justice reflects the Committee's overriding priority to ensure that Federal, State and local law enforcement entities have sufficient resources to combat terrorism while continuing to perform traditional law enforcement activities to prevent and investigate crimes. The recommendation reflects the Committee's commitment to combat terrorism, espionage, cybercrime, gang-related crime, illegal drugs, and corporate fraud.
The Committee recommends $22,347,225,000 in new budget authority in the accompanying bill for the Department of Justice for fiscal year 2007. This amount is $723,144,000 above the current year and $1,022,222,000 above the budget request. Of the total amount provided, $22,116,225,000 is derived from general purpose discretionary funds and $231,000,000 is scored as mandatory spending.
Once again, the Committee is disappointed in the budget gimmicks included in the Administration's request including large new regulatory fees, proposed rescissions for the Federal Prison System and the United States Attorneys for programs in which the funds identified are not available, and irresponsible reductions to State and local law enforcement. The Committee hopes that future budget requests discontinue the use of disingenuous budget gimmicks and the Administration submits a more responsible budget proposal for the Department of Justice.
The recommendation continues the Committee's commitment to Federal law enforcement efforts to combat terrorism and other crimes by fully funding the requests for United States Attorneys, United States Marshals Service, the Federal Bureau of Investigation (FBI), and the Federal Prison System, Salaries and Expenses account. In addition, the recommendation provides $15,000,000 above the budget request for the Drug Enforcement Administration (DEA) to combat drug trafficking in drugs such as methamphetamine. The recommendation proposes reductions to the request for other lower priority Department of Justice programs.
Finally, the recommendation continues the Committee's commitment to supporting our nation's police and sheriffs' departments by providing an increase of $1,086,414,000 above the Administration's request for State and local law enforcement grants. As Federal law enforcement agencies continue to divert resources away from traditional crime fighting to strengthen their counterterrorism capabilities, a void is left that only State and local law enforcement are positioned to fill. In this context, the Committee finds the Administration's budget request, which proposes to reduce funding for State and local law enforcement assistance by more than 50 percent, to be woefully inadequate. In order to address State and local law enforcement requirements, the Committee recommends a total of $2,634,475,000 in new budget authority for crime fighting grant programs for fiscal year 2007.
The recommendation provides increases above the request for the Edward Byrne Justice Assistance Grants program (+$367,852,000), the State Criminal Alien Assistance Program (+$405,000,000), juvenile justice and accountability programs (+$92,138,000), meth hot spots (+$58,916,000), gang violence reduction (+$40,000,000) and law enforcement technologies and interoperability grants (+$100,000,000).
Gangs.--According to FBI Congressional testimony on the fiscal year 2006 budget request, `Gangs and other criminal enterprises, operating in the U.S. and throughout the world, pose increasing concerns for the international law enforcement and intelligence communities. Today, gangs are more violent, more organized, and more widespread than ever before. They pose one of the greatest threats to the safety and security of all Americans. The Department of Justice estimates there are approximately 30,000 gangs, with 800,000 members, impacting 2,500 communities across the U.S. The innocent people in these communities face daily exposure to violence from criminal gangs trafficking in drugs and weapons and gangs fighting amongst themselves to control or extend their turf and their various criminal enterprises.' Over the past several years, the Committee has provided the Department with increased resources to attack this problem. The Committee has provided funding increases to establish a National Gang Intelligence Center in the FBI, established additional FBI Safe Streets Task Forces and Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Impact Teams, provided additional Assistant U.S. Attorneys and Criminal Division attorneys for gang prosecutions, and provided grants to State and local governments for enforcement and prevention efforts.
In addition to continuing funding for previously approved Federal law enforcement programs, the recommendation includes an increase of $6,081,000 for 61 additional United States Attorneys positions, $20,000,000 for the Gang Resistance Education and Training program, and $40,000,000 for grants for communities to develop comprehensive gang prevention and enforcement programs in coordination with local United States Attorneys offices.
The Committee appreciates that the Attorney General has directed the appointment of an Assistant U.S. Attorney in each judicial district to serve as an anti-gang coordinator to prepare comprehensive, district-wide strategies--in consultation with partners from Federal and local law enforcement, social services, and community and faith-based groups--to coordinate anti-gang activity across the board. However, the Committee is disappointed that the budget request proposes reductions in anti-gang programs including eliminating the Gang Resistance Education and Training program, eliminating grants for communities to develop comprehensive gang prevention and enforcement programs in coordination with local United States Attorneys offices, and reducing funding for the FBI's Safe Streets Task Forces. The recommendation restores funding for all of these programs and the Committee hopes that future budget requests will propose an appropriate level of resources to address gang violence.
Child On-Line Protection- The Committee commends the Department for the development of its Project Safe Childhood Initiative, which calls for U.S. Attorneys to work with Federal, State and local officials to develop local plans to address the growth of computer-facilitated sexual exploitation crimes committed against children. In order to support the Administration's efforts and reduce child exploitation, the recommendation funds the Department's request for 26 additional U.S. Attorney positions to increase Federal child exploitation prosecutions and fully funds the requested $1,984,000 for the continued development of a nationwide sex offender registry system that links State systems together. In addition, the recommendation provides $1,000,000 above the request for the National Center for Missing and Exploited Children, $5,000,000 above the request for Internet Crimes Against Children Task Forces, and $5,000,000 above the request for the Federal Bureau of Investigation's Innocent Images program to increase law enforcement's ability to address these terrible crimes.
The Committee commends the Department and the United States Marshals Service for Operation Falcon II, which led to the arrest of 1,102 fugitives wanted for committing sexual offenses and violent crimes against women, children and the elderly, as well as unregistered convicted sex offenders. The Committee encourages the United States Marshals Service to conduct similar operations in fiscal year 2007.
Methamphetamine (meth)- According to the National Association of Counties, 58 percent of counties ranked meth as their number one drug problem, and it is estimated that there are 583,000 people currently using meth in the United States. However, the Administration's budget request proposes dramatic reductions to Department of Justice programs that assist Federal, State and local law enforcement in combating meth. The increases provided in the recommendation should allow the Department to take a leadership role in addressing this problem. While the Committee is hopeful that new Federal laws controlling meth precursor chemicals will dramatically reduce the number of small toxic labs operating in the country, the Committee understands that super labs operated by international drug trafficking organizations are supplying the majority of meth in America.
In order to help Federal, State and local law enforcement address the meth epidemic, the recommendation provides $367,852,000 for the Justice Assistance Grants program, which the Administration proposed to eliminate; $99,000,000 for meth-specific grants, which is the authorized level and $58,916,000 above the budget request; $40,000,000 for Drug Court programs, which is $30,128,000 above the current year; $5,000,000 for State Prison Drug Treatment programs, which the Administration proposed to eliminate; and $15,000,000 above the request for DEA.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
The Committee recommends $90,136,000 for General Administration, which is $32,730,000 below the current year and $25,369,000 below the request.
This account supports the development of policy objectives and the overall management of the Department of Justice. The recommendation adopts the Administration's proposal to transfer $31,162,000 for the Office of Intelligence Policy and Review from this account to the newly authorized National Security Division. The Committee does not adopt the proposed transfer of $16,000,000 to this account to shutdown the National Drug Intelligence Center. The recommendation fully funds the Office of Privacy and Civil Liberties.
Once again, the Committee is extremely disappointed with the amount of time it takes the Department to respond to hearing questions submitted for the record by Members of the Subcommittee. Many of these questions require factual responses and should not require multiple layers of review or require weeks, and often months, to submit. The Committee is concerned that this practice, has resulted in the needless withholding of budgetary and programmatic information that is necessary to the Committee's work. The Committee believes that the open sharing of information results in a more effective relationship between the branches of government and improves the quality of legislation.
Budget Models- In fiscal year 2005, the Committee directed the Department to report on the impact of hiring new investigative agents on the workload of other parts of the criminal justice system including U.S. Attorneys, U.S. Marshals, the Detention Trustee, and the Federal Prison System. The Committee appreciates the Department's efforts to complete the report and encourages the Administration to continue to develop these budget models. The Committee remains deeply concerned that the Administration does not consider the impact on the entire criminal justice system when it implements new law enforcement initiatives.
General Services Administration (GSA) Rent.--The recommendation fully funds the request for GSA rent for the Department of Justice. However, the Committee notes that the budget request includes substantial GSA rent increases for several accounts including an 18 percent increase for General Administration, an 11 percent increase for Administrative Review and Appeals, a 12 percent increase for General Legal Activities, a 19 percent increase for the U.S. Trustee System Fund, a 21 percent increase for the U.S. Marshals Service, a 26 percent increase for the Community Relations Service, a 10 percent increase for the Federal Bureau of Investigation, a 27 percent increase for the Drug Enforcement Administration, and a 39 percent increase for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Committee has been unable to verify from either GSA or the Department why such significant increases are necessary or what the correct funding level should be for facilities costs. Therefore, before obligating or expending funds for these requested GSA rent increases, the Committee directs the Administration to submit a reprogramming in accordance with the procedures outline in section 605 describing why increased payments are necessary, including a description of increases in facilities' operating charges and changes in the amount of space occupied.
JUSTICE INFORMATION SHARING TECHNOLOGY
The recommendation provides $125,000,000 for this account, which is $50,007,000 below the request and $1,596,000 above the current year. This account provides funding for several Department of Justice information sharing programs including the following initiatives:
Joint Automated Booking System (JABS).--JABS enables Federal law enforcement components to electronically share criminal arrest data, which improves criminal identification response times and avoids duplication of booking data entry.
Justice Consolidated Office Network (JCON).--JCON is the standard office automation system upon which 16 Department of Justice components operate their mission-critical applications which allows attorneys and law enforcement officials the immediate ability to exchange all electronic data with and between components on a common platform.
Law Enforcement Information Sharing Program (LEISP).--LEISP will implement the information technology tools needed to facilitate timely, appropriate and secure sharing of information across Federal, State and local law enforcement. Through LEISP, the Department will develop a comprehensive information sharing program that can help identify emerging threats and patterns, find relationships among individual groups, and provide useful tactical and strategic information to criminal and counterterrorism investigators. This effort includes the creation of national and regional data exchange databases to facilitate the sharing of information. The Committee expects the Department to work cooperatively with State and local law enforcement on this initiative. In addition, the Committee expects the Department to ensure that this program will facilitate the reporting, analysis and dissemination of intelligence related to organized retail theft.
Litigation Case Management System.--Currently, the Department's litigating components' case management systems are highly decentralized and information is stored in numerous disconnected systems. This project will consolidate the 94 U.S. Attorneys Offices and seven headquarters litigating components into one web-based common case management system, reducing operating costs, and improving information sharing among law enforcement and Intelligence Community agencies.
Public Key Infrastructure (PKI) and Secure Communications.--PKI will provide the Department with enhanced information technology security services to allow classified information to be shared across the Department and with the Intelligence Community. The Committee expects the Department to allocate not less than $5,000,000 for this project.
Federal Investigation Case Management System (FICMS).--The Committee understands that the Administration is working to create a common information technology case management architecture to facilitate information sharing across all Federal law enforcement agencies. The Committee directs that the Department's participation in this effort be managed by the Office of Chief Information Officer.
Unified Financial Management System Program.--This program will improve the Department's management of its funding and address independent auditors concerns regarding the Department's current outdated financial systems.
Department IT Investment Review Board (DIRB).--The Committee appreciates the efforts of the DIRB, which is chaired by the Deputy Attorney General, to improve oversight of the Department's new major information technology programs including the Federal Bureau of Investigation's (FBI) SENTINEL program. In order to ensure accountability in the Department's information technology programs and prevent a failure similar to the FBI's Virtual Case Files project, the recommendation includes new language under section 110. Before funding is spent on major information technology programs, the Deputy Attorney General and DIRB must certify to the Committees on Appropriations that appropriate program management and contractor oversight mechanisms are in place, and that each program is compatible with the Department's enterprise architecture.
TACTICAL WIRELESS COMMUNICATIONS FOR FEDERAL LAW ENFORCEMENT
The Committee recommends $89,000,000 for this account, which is $149,000 above the current year and $217,000 below the request. The purpose of this account is to provide radios and wireless communications capabilities for Federal law enforcement and manage the Department's efforts to comply with the National Telecommunications and Information Administration narrowband mandates. This account funds component legacy network requirements, operations of the Wireless Management Office, and the acquisition of new equipment and services.
In addition, this account funds the Integrated Wireless Network, which is a partnership between the Departments of Justice, Homeland Security and Treasury to modernize and enhance the existing stove-piped agency-specific radio systems that support Federal law enforcement, homeland security and disaster response. The Committee understands that a successful pilot has been implemented in Seattle, WA. During fiscal year 2007, the program will be expanded further in the Northwest and will continue efforts in the Southwest. This program is critical to improve radio communication interoperability and agent safety.
ADMINISTRATIVE REVIEW AND APEALS
The Committee recommends $229,152,000 for this account, which is $16,222,000 above the current year and $60,000 below the request.
This appropriation supports the Executive Office of Immigration Review (EOIR), which includes the Board of Immigration Appeals, Immigration Judges, and Administrative Law Judges who decide through administrative hearings on the admission or exclusion of aliens seeking to enter the country, and the transportation and adjustment of status of aliens whose status has been challenged; and the Office of the Pardon Attorney, which receives, investigates and considers petitions for all forms of Executive clemency.
The recommendation fully funds the request for EOIR of $226,883,000. This includes a program increase of $8,757,000 to meet additional caseload requirements as a result of increase immigration enforcement. Within the amount provided, the Committee directs the EOIR to establish courts at three additional locations based on EOIR's highest priority needs.
In addition, the recommendation includes $2,269,000 for the Office of the Pardon Attorney.
DETENTION TRUSTEE
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends total spending authority of $1,331,026,000 for the Federal Detention Trustee for fiscal year 2007, which is $124,634,000 above the level provided in fiscal year 2006 and $1,300,000 below the request. The recommendation includes increases for inflationary adjustments and for the anticipated daily cost of an increase in the number of Federal detainees housed in Federal, State, local, and private detention facilities. The recommendation includes the requested transfer of $27,935,000 associated with the cost of transporting prisoners. These funds were previously appropriated under the United States Marshals Service account.
The Committee encourages the Department to continue to examine the entire Federal detention process from arrest to incarceration to find ways to contain costs. The Committee applauds the efforts of the Detention Trustee to develop the e-Designate system and to identify additional systemic improvements to reduce the time from sentencing to commitment. The Committee expects this program to be extended to all 94 judicial districts.
The recommendation deletes language, as requested, regarding oversight of housing related to detention. Language is also deleted regarding the Detention Trustee's role in the Justice Prisoner and Alien Transportation System.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $70,558,000 for the Office of Inspector General (OIG), which is $2,636,000 above the current year and equal to the request. The Committee appreciates the OIG's efforts to work closely with the Federal Bureau of Investigation (FBI) on the development of their new case management system, SENTINEL. The Committee directs the OIG to continue this close relationship with the FBI and to provide regular updates to the Committee on the financial and programmatic status of SENTINEL.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
The Committee recommends $11,500,000 for the United States Parole Commission, which is $641,000 above the current year and $451,000 below the request.
This Commission is an independent body within the Department of Justice that makes decisions regarding requests for parole of Federal offenders who committed an offense before November 1, 1987, and District of Columbia Code offenders who committed an offense before August 5, 2005. In addition, the Commission has jurisdiction over the conditions of supervision of District of Columbia Code offenders who committed an offense after August 5, 2005, and certain other offenders.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends a total of $668,739,000 for General Legal Activities, which is $15,234,000 above the current year and $15,585,000 below the request. As requested, the recommendation transfers 74 FTE and $13,372,000 from this account to the newly authorized National Security Division.
This appropriation supports the Attorney General through the establishment of litigation policy, conduct of litigation, and various other legal responsibilities. The distribution of funding provided is as follows:
GENERAL LEGAL ACTIVITIES
[In thousands of dollars]
------------------------------------------------------
2007 recommendation
------------------------------------------------------
Solicitor General $9,134
Tax Division 83,099
Criminal Division 134,578
Civil Division 209,291
Environment and Natural Resources 93,913
Office of Legal Counsel 6,069
Civil Rights Division 111,310
Interpol--USNCB 20,812
Office of Dispute Resolution 533
Total 668,739
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Criminal Division- The recommendation annualizes the $1,000,000 increase provided in fiscal year 2006 for gang investigations and the $1,000,000 increase provided in fiscal year 2006 to target, prosecute, and seize the assets of those who commit crimes against the youngest and most vulnerable members of society. In addition, the recommendation provides the requested increase of $218,000 for intellectual property rights crime enforcement.
Within the level provided for the Criminal Division, $6,781,000 is provided for the Office of Special Investigations (OSI), which is $500,000 above the level requested. Funds are provided above the request to increase investigations into naturalized U.S. citizens who have committed human rights abuses, such as genocide or torture, outside of the United States.
Civil Rights Division- The recommendation fully funds the Civil Rights Division's efforts to combat human trafficking and the Committee expects the Department to continue submitting yearly updates regarding its efforts to address this horrific crime.
Civil Division- Within the level of funds provided for the Civil Division, the recommendation includes $46,237,000 for the Office of Immigration Litigation (OIL), which is equal to the request. The recommendation provides a program increase of $9,566,000 and 114 positions (86 attorneys) for OIL to address increased workload associated with enhanced immigration enforcement by the Department of Homeland Security.
Within the level of funds provided for the Civil Division, not less than $250,000 shall be available to enforce subsections (a) and (b) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The Committee recommends $6,292,000 for the Vaccine Injury Compensation Trust Fund to cover the Department of Justice's expenses associated with litigating cases under the National Childhood Vaccine Injury Act of 1986. This amount is $40,000 above the enacted level and $41,000 below the request. The Committee expects the Department to have procedures in place that ensure the integrity of Vaccine Injury Compensation matters, and that awards are made to vaccine-injured persons quickly, easily, and with certainty and generosity.
SALARIES AND EXPENSES, NATIONAL SECURITY DIVISION
The recommendation includes $66,970,000 for the National Security Division, as requested. This is a new litigating division authorized by the USA Patriot Improvement and Reauthorization Act of 2006. The National Security Division consolidates the Office of Intelligence Policy and Review, and the Counterterrorism and Counterespionage Sections of the Criminal Division into one litigating division focused solely on national security. The consolidation of these components into a new National Security Division is consistent with the recommendation of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction.
Foreign Agents Registration Act (FARA) Unit.--The Foreign Agents Registration Act requires persons lobbying for foreign governments to register with the Justice Department and disclose their lobbying activities. The purpose of this Act is to insure that the American public and its lawmakers know the source of information or propaganda intended to sway public opinion, policy, and laws. The Committee understands the FARA unit is working to make its records available to the public on the Internet, which will dramatically increase the transparency to the public of companies who are lobbying for foreign governments. The Committee urges the National Security Division to complete this effort, as quickly as possible.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommendation includes $145,915,000 in budget authority for the Antitrust Division, $1,827,000 above the current year and $1,827,000 below the request. This appropriation is offset by $129,000,000 in pre-merger filing fee collections, resulting in a direct appropriation of $16,915,000.
The Division acts on antitrust cases before the Supreme Court, represents the interests of the United States in cases brought under Federal antitrust laws, reviews decisions of regulatory commissions, and prepares and files amicus briefs. Appopriations for both the Division and the Federal Trade Commission are offset by Hart-Scott-Rodino Act pre-merger filing fee collections.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The recommendation provides $1,664,400,000, for U.S. Attorneys, which is $84,835,000 above the enacted level and the same as the request. The recommendation does not adopt the Administration's proposal to rescind $27,000,000 from this appropriation associated with Project SeaHawk, a port security program.
This appropriation supports the Executive Office of U.S. Attorneys and the 94 U.S. Attorney Offices, which serve as the principal litigators for the U.S. Government for criminal, civil, and debt collection matters.
In addition to inflationary and other base funding adjustments, the recommendation includes the following program increases: $7,737,000 and 4 additional positions for counterterrorism investigations and prosecutions; $1,430,000 for replacement and upgraded security equipment; $6,081,000 and 61 additional positions for gang investigations and prosecutions; $842,000 and nine positions (five attorneys) for human trafficking investigations and prosecutions in Northern Virginia; and $2,625,000 and 26 additional positions for child exploitation and obscenity prosecutions. In addition, the recommendation provides a $4,490,000 increase to address U.S. Attorneys' highest priority needs including the prosecution of human traffickers referred to as `coyotes' and other criminal aliens, methamphetamine traffickers, and identity thieves. The Committee expects the Department to reallocate resources, if necessary, to address these priority areas in accordance with the reprogramming procedures outlined in section 605 of this Act.
UNITED STATES TRUSTEE SYSTEM FUND
The recommendation provides $223,447,000 for the U.S. Trustees Program (USTP), to be entirely funded from offsetting collections. The amount recommended is $11,783,000 above the current year and $12,669,000 below the request. The mission of the USTP is to promote integrity and efficiency in the nation's bankruptcy system by enforcing bankruptcy laws, and providing oversight of private trustees. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Public Law 109-8) provides the USTP with important new statutory tools to identify and civilly prosecute misconduct by debtors and others who misuse the bankruptcy system.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $1,431,000 for the Foreign Claims Settlement Commission, which is $128,000 above the enacted level and $128,000 below the request.
The Commission settles claims of American citizens arising out of nationalization, expropriation, or other takings of their properties and interests by foreign governments.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
The Committee recommends $825,924,000 for the United States Marshals Service (USMS). The recommendation is equal to the request and $25,252,000 above the current year, including supplemental and construction funds.
The recommendation adopts the requested transfer of $27,935,000 from this account to the Office of the Federal Detention Trustee account and merges the Construction account with the Salaries and Expenses account, as requested. In addition to inflationary and other base adjustments, the recommendation includes the following program changes: (1) a $4,612,000 increase and 37 additional positions for protection of the judicial process; (2) a $6,426,000 increase and 14 additional positions for information technology improvements; (3) a $1,834,000 increase and 15 additional positions for improved financial management and oversight; (4) a $533,000 increase and 5 additional positions for the Witness Security Program; (5) a $214,000 increase and 2 additional positions for the Marshals Service Tactical Operations Center--Special Operations Group; and (5) a decrease of $9,414,000 in requested program offsets.
FEES AND EXPENSES OF WITNESSES
The recommendation provides such sums as are necessary for Fees and Expenses of Witnesses account. This appropriation, which is considered mandatory for scorekeeping purposes, provides for fees and expenses of witnesses who appear on behalf of the Government in cases in which the United States is a party, including fact and expert witnesses, mental competency examinations, and witness/informant protection. The Congressional Budget Office estimates this account will require $171,000,000 in new budget authority in fiscal year 2007.
The Committee recommends bill language, which allows: (1) up to $1,000,000 for the purchase and maintenance of armored vehicles for prisoner transportation; (2) up to $9,000,000 for installation, operation, and upgrade of a secure automated network and secure telecommunications equipment; and (3) up to $10,000,000 for construction of protected witness safesites.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The Committee recommends $9,882,000 for the Community Relations Service, which is $346,000 above the enacted level and $347,000 below the request. The Community Relations Service was established by Title X of the Civil Rights Act of 1964 to provide assistance to communities in resolving disagreements arising from discriminatory practices.
The Committee recommends bill language allowing the Attorney General to provide additional resources for the Community Relations Service, if emergent circumstances exist, through the transfer of funds from other Department of Justice programs, subject to the requirements of section 605 of this Act.
ASSETS FORFEITURE FUND
The Committee recommends $21,202,000 for the Assets Forfeiture Fund, which is $8,000 above the enacted level and $9,000 below the request.
This account provides funds for additional investigative expenses of the FBI, DEA, ATF, and USMS, such as purchase of evidence and investigative expenses leading to seizure. Funds for these activities are provided from receipts in the Assets Forfeiture Fund resulting from the forfeiture of assets. Expenses related to the management and disposal of assets are also provided from receipts in the Assets Forfeiture Fund by a permanent indefinite appropriation.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The recommendation provides $498,457,000 for the Organized Crime and Drug Enforcement Task Forces (OCDETF) account. This program was created in 1982 to ensure a coordinated, multi-agency approach to attacking and dismantling high-level drug enterprises. Through its nine regional task forces, this program utilizes the combined resources and expertise of its Federal agency members, in cooperation with State and local investigators and prosecutors, to target and destroy major drug trafficking and money laundering organizations.
The recommendation fully funds the request for participating Department of Justice agencies. The recommendation does not transfer the High Intensity Drug Trafficking Areas program from the Office of National Drug Control Policy to this account, as proposed in the budget request.
The recommendation provides the following amounts to reimburse agencies for their costs of participating in OCDETF task forces:
REIMBURSEMENT BY AGENCY
[In thousands of dollars]
-------------------------------------------------------------
Amount
-------------------------------------------------------------
Drug Enforcement Administration $197,451
Federal Bureau of Investigation 136,945
United States Marshals Service 8,452
Bureau of Alcohol, Tobacco, Firearms and Explosives 11,392
United States Attorneys 131,820
Criminal Division 2,701
Tax Division 981
Administrative Office/Fusion Center 8,715
Total 498,457
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FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
The Committee recommends $5,959,628,000 for the Federal Bureau of Investigation's (FBI) Salaries and Expenses account, which is $29,030,000 below the request and $259,059,000 above the current year.
FBI Transformation.--The Committee appreciates the efforts of the Director and the men and women of the FBI to transform the agency from one whose primary mission was investigating crimes to one whose top priority is preventing terrorism. Since the September 11th attacks, the Committee has called upon the assistance of the Government Accountability Office (GAO), the National Academy of Public Administration (NAPA), the Justice Department Office of Inspector General (OIG), the Congressional Research Service (CRS), and the Committee's Surveys and Investigations staff to review FBI operations and make recommendations for improvement. The Committee appreciates the FBI's willingness to work with these organizations and expects the FBI to continue to work with these organizations during fiscal year 2007. The FBI is directed to continue to provide the Committee with quarterly updates on its transformation activities in fiscal year 2007.
Chief Operating Officer.--The Committee believes that the FBI should create a Chief Operating Officer to manage the day-to-day activities of the FBI, allowing the Director and the Deputy Director more time to focus on investigations and long-term strategic management issues. The Committee encourages the FBI to create this position as soon as possible.
Adjustments to Base.--The recommendation includes all requested adjustments to base except those outlined below. In addition, the recommendation includes requested transfers with the National Counterterrorism Center, the Office of the Director of National Intelligence, and the Drug Enforcement Administration.
The recommendation rejects the Administration's proposal to non-recur the $5,000,000 increase provided in fiscal year 2006 for additional Safe Streets Task Forces to combat gangs. The Committee remains concerned about the Administration's lack of commitment to provide the necessary resources to address gang violence.
The recommendation rejects the Administration's proposal to non-recur the $5,000,000 increase provided in fiscal year 2006 for intelligence training only to ask for a $5,000,000 program increase for the same purpose. This is a budget gimmick used to artificially inflate the amount of program increases requested for intelligence training without actually providing any additional resources. The Committee expects the Administration to discontinue the use of such disingenuous proposals in future budget requests.
The recommendation also rejects the Administration's proposal to non-recur a $4,600,000 increase provided in fiscal year 2006 for the FBI's Sensitive But Unclassified Network (SBUNet). The Committee finds the Administration's proposal to reduce funding for this program bewildering and irresponsible. The Committee believes that access to the Internet and unclassified e-mail enhances employees' ability to obtain, share and disseminate information. The Committee understands that by the end of fiscal year 2006 most FBI employees will have access to a SBUNet account but that less that 20 percent of FBI employees will have Internet and unclassified e-mail on their desktop. The Committee directs the FBI to continue to expand employee access to SBUNet.
In addition, the recommendation transfers $29,030,000 requested in this account for alterations to create additional sensitive compartmented information facilities (SCIF) space to the Construction account. The Committee is puzzled that the Administration's budget request includes $29,030,000 for build-out costs to expand SCIF space in this account and $33,191,000 for the same purpose in the Construction account. The recommendation consolidates all of the funding provided for additional SCIF space into the Construction account in order to increase efficiency and accountability.
Program Changes.--The recommendation provides the following program changes: (1) a $15,078,000 increase for intelligence infrastructure requirements; (2) a $16,009,000 increase and 57 additional positions for intelligence operations and production enhancements; (3) a $1,000,000 increase for implementation of an intelligence officer certification program; (4) a $6,666,000 increase for Law Enforcement Online to enhance information sharing to all levels of law enforcement; (5) a $24,700,000 increase and 15 positions for enhanced counterterrorism response capabilities including $15,000,000 for a radiological evidence examination facility; (6) a $13,799,000 increase for additional headquarters space and facility infrastructure; (7) a $100,000,000 increase for SENTINEL, the FBI's new case management system; (8) a $10,000,000 increase and 2 positions for information technology infrastructure; (9) a $2,572,000 increase and 1 position for information technology program management; (10) a $10,000,000 reduction for travel and conferences; (11) a $22,762,000 increase for Next Generation Integrated (NGI) Automated Fingerprint Identification System (IAFIS) and the integration of this system with the Department of Homeland Security's Automated Biometric Identification System (IDENT); (12) a $22,500,000 increase and 167 positions (100 agents) for field counterterrorism and counterintelligence investigations to address existing and emerging threats; (13) a $2,000,000 increase and 10 positions for the Center for Operational Innovation; (14) a $1,000,000 increase for organized retail theft enforcement; (15) a $2,000,000 increase for intellectual property rights enforcement; (16) a $1,448,000 increase and 20 additional positions for headquarters administrative support in finance, budget, facilities, and human resources; (17) a $5,000,000 increase for the Innocent Images program; (18) a $5,000,000 increase for retention and recruitment programs; and (19) a $1,000,000 increase and 5 additional agents for the Innocence Lost program.
SENTINEL.--A new case management system for the FBI is critically needed to modernize and transform the FBI. The National Commission on Terrorist Attacks Upon the United States, the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, the OIG and NAPA have all identified the FBI's information technology capabilities as inadequate. Therefore, the recommendation includes $100,000,000, as requested, for SENTINEL, the FBI's new case management system. However, the Committee wants to ensure that the information technology failures that occurred in the FBI's last attempt to develop new case management system are not repeated.
The Committee has been encouraged that the FBI has learned from its previous failures. In a study released last year, the Committee's Surveys and Investigations staff found that the FBI has strengthened its Office of the Chief Information Officer and has developed program management initiatives which should enable it to better manage and oversee its future information technology efforts. In March, the OIG released a report on SENTINEL stating that `we believe the FBI has adequately planned for the project and this planning provides reasonable assurance that the FBI can successfully complete SENTINEL if the processes and controls are implemented as intended.'
However, the Committee wants to ensure the program stays on track and directs the OIG to continue to work closely with FBI and to provide regular updates to the Committee on the financial and programmatic status of SENTINEL. In addition, the Committee includes section 110, which requires that before funding is spent on SENTINEL, the Deputy Attorney General and Department IT Investment Review Board certify to the Committees on Appropriations that appropriate program management and contractor oversight mechanisms are in place, and that SENTINEL is compatible with the Department's enterprise architecture.
Center for Operational Innovation.--The recommendation includes a $2,000,000 increase and 10 positions to create a Center for Operational Innovation to research, develop, and prototype unconventional and novel methods to collect and analyze intelligence, and disrupt threats to national security. The Center shall be staffed with experts on intelligence operations from the FBI, other government agencies, the private sector, and academia.
Intellectual Property Rights Enforcement.--The recommendation provides not less than $13,000,000 for intellectual property rights enforcement. Within the level of funds provided, the FBI is directed to increase the number of agents supporting U.S. Attorneys' Computer Hacking and Intellectual Property Rights units in the field, and increase the number of agents assigned to headquarters to support the Criminal Division's Computer Crime and Intellectual Property section and the National Intellectual Property Rights Coordination Center.
Organized Retail Theft.--The Committee understands that organized retail theft is estimated to cause approximately $15 billion in annual loses to the retail market. In order to address these crimes, the FBI established an Organized Retail Theft Initiative in 2003 to work with State and local law enforcement and corporate security entities to address these crimes. The Committee further understands that the FBI and the National Retail Federation have been working together to create an intelligence network to share and analyze organized retail theft intelligence. In addition to the resources already dedicated to the Organized Retail Theft Initiative, the recommendation includes a $1 million increase. The Committee also directs the FBI to ensure that the Law Enforcement Online program is maximizing the sharing of organized retail theft intelligence and analysis throughout law enforcement. In addition, the Committee directs the Department ensure the maximum sharing of intelligence and analysis of organized retail theft in the development of the N-DEx and R-DEx information sharing systems.
Innocent Images.--The Innocent Images National Initiative is an intelligence-driven, proactive, multi-agency investigative operation to combat the proliferation of child pornography and child sexual exploitation facilitated by an online computer. The program provides centralized coordination and analysis of case information that by its very nature is national and international in scope, requiring unprecedented coordination with State, local, and international governments, and among FBI field offices and Legal Attaches. The recommendation provides an increase of $5,000,000 for the FBI's highest priority needs to address these horrific crimes.
Innocence Lost.--According to some estimates, as many as 17,000 victims are trafficked into the United States each year, many of which are women and children who are forced to work in the sex industry, and in prison-like facilities. In order to begin to address this issue, the FBI established 14 Innocence Lost task forces. The recommendation fully funds the continued needs of the 14 existing task forces and encourages the FBI to continue to expand its efforts to combat human trafficking, prostitution and sexual exploitation. In addition, the recommendation includes a $1,000,000 increase and 5 additional agents to establish a human trafficking task force in Northern Virginia.
NGI-IAFIS and IDENT/IAFIS Interoperability.--The Committee supports the FBI's efforts to improve the speed and accuracy of IAFIS, expand the data available in the system, and improve its latent print capabilities. The Committee also supports the FBI's efforts to make the FBI's IAFIS system and Department of Homeland Security's IDENT system fully interoperable. The recommendation provides a $22,762,000 increase for these projects. In addition, the Committee directs the FBI to use not less than $48,376,000 from excess user fee collections for various Criminal Justice Information Services programs for these initiatives. The Committee expects the FBI to maintain the fees charged for non-criminal fingerprint checks at a level that will ensure that fee balances are available to continue to modernize IAFIS.
National Name Check Program.--In fiscal year 2006, the Committee included language directing the FBI to conduct a fee review of background checks for United States Citizenship and Immigration Service (USCIS). The Committee understands that there remains a significant backlog in the processing of background checks for USCIS and other organizations. The Committee expects FBI to work with these agencies to ensure that sufficient resources are made available to eliminate the backlog as soon as possible. The Committee expects the FBI to set the name check fee at a level that adequately covers the cost to conduct requested background checks, eliminates the backlog and improves the efficiency of the information technology systems used to conduct the checks.
Retention and Recruitment.--The recommendation includes $40,000,000 for retention and recruitment programs, which is a $5,000,000 increase above the current year. This funding is provided to expand retention and recruitment programs such as: retention, recruitment and relocation bonuses; creation of critical pay positions in areas such as intelligence analysts, agents, information technology experts and other specialized positions; and the University Education Program. The Committee directs the FBI to continue to work with NAPA during fiscal year 2007 to improve human resources management, including implementing an effective organizational structure, successful retention and recruitment programs, and successful leadership development programs.
Training.--As the Committee has directed in previous years, analysts should have joint training with agents and personnel from other Intelligence Community agencies. The Committee expects the FBI to continue to expand the University Education Program, the Sabbatical Program, the Fellows Program and the use of the Foreign Service Institute.
The recommendation does not adopt the Administration's proposal to permanently transfer 300 agents from the criminal program to counterterrorism. Counterterrorism is the FBI's highest priority and the Committee will continue to support the FBI's use of criminal agents on counterterrorism and counterintelligence matters as needed. The Committee believes that if additional counterterrorism agents are needed the Administration should request funding for these positions. The Committee's recommendation includes funding for 100 additional national security agents that were not requested.
The Committee understands that mortgage fraud is a growing problem and expects the FBI to continue its efforts to address it.
CONSTRUCTION
The Committee recommends $80,422,000 for the FBI's Construction account, which is $43,294,000 above the current year and $29,030,000 above the request.
Sensitive Compartmented Information Facilities (SCIFs).--The recommendation includes $62,221,000 to expand available SCIF space for secure work environments, including all associated build-out costs. As discussed in the previous section, the recommendation moves $29,030,000 requested in the Salaries and Expenses account for this purpose to this account. The Committee is puzzled that the Administration's budget request includes $29,030,000 for alterations to expand SCIF space in the Salaries and Expenses account and $33,191,000 for the same purpose in this account. The recommendation consolidates all of the funding provided for additional SCIF space into the Construction account in order to increase efficiency and accountability. This additional space is critically needed to allow counterterrorism and counterintelligence agents and analysts to exchange sensitive information throughout the Intelligence Community.
Center for Intelligence Training.--Most of the FBI Academy's facilities were designed in the late 1960s to accommodate small groups in a traditional classroom setting. However, given the FBI's growth and new mission requirements, the Academy's current facilities are inadequate to provide comprehensive intelligence training for agents and analysts. Therefore, the recommendation includes $6,311,000 for intelligence training facility enhancements.
Critical Incident Response Group (CIRG) Space.--The recommendation provides $9,890,000 for the improvement of the CIRG facilities. With the significant growth in CIRG mission requirements and staff since September 11th, improvement to the current facilities is required.
Central Records Complex.--The recommendation includes $2,000,000 for equipment and other necessary costs for the establishment of a modern state-of-the-art records management center. The Committee understands that consolidation of records and collocation of records management personnel will achieve business process efficiencies and personnel savings and will make more space available in the FBI headquarters building, allowing the FBI to reduce leased space in the Washington, D.C. metropolitan area, and making available needed space in the field as the number of FBI staff continues to increase.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
The Committee recommends total budget authority of $1,963,569,000 for the Drug Enforcement Administration (DEA), of which $212,078,000 is derived from fees deposited in the Diversion Control Fund, resulting in a direct appropriation of $1,751,491,000. The recommended appropriation is $76,573,000 above the enacted level including supplementals and $15,000,000 above the request.
In addition to providing inflationary and other costs to maintain the current operating level, the recommendation includes the following program increases: (1) $4,000,000 for the Foreign-deployed Advisory Support Teams (FAST) operating in Afghanistan; (2) $1,000,000 for international methamphetamine investigations; (3) $1,000,000 for Operation Panama Express; and (4) $11,981,000 and 57 positions for Intelligence Community support.
Demand Reduction--Mobile Enforcement Teams (MET).--The recommendation includes $4,649,000 for the Demand Reduction program instead of eliminating the program as proposed in the budget request. The Committee is disappointed that the Administration continues to propose to eliminate this program that provides a law enforcement perspective to prevention groups and community coalitions at the national and local level in the development and assessment of anti-drug strategies and initiatives.
The recommendation includes $37,746,000 for the MET program, which is $17,168,000 above the level requested. MET teams are deployed on a temporary basis to assist State and local law enforcement in areas that have been overrun with drug-related violent crime. The Committee is very disappointed that the Administration once again proposed a significant reduction to this program to reduce drug-related violence throughout the country.
The Committee is discouraged that the Administration does not support the concept of Federal law enforcement working cooperatively with communities to address drug trafficking and abuse, and hopes that future budget requests will not continue to propose reductions to these important programs.
Methamphetamine (meth).--According to the National Association of Counties, 58 percent of counties ranked meth as their number one drug problem and it is estimated that there are 583,000 people currently using meth. The Committee is hopeful that new Federal laws controlling meth precursor chemicals will dramatically reduce the number of small toxic labs operating in the country. However, the Committee understands that super labs operated by international drug trafficking organizations are supplying the majority of meth in America. The Committee is supportive of DEA's efforts to partner with the Mexican government to fight meth trafficking, including training Mexican law enforcement to establish meth enforcement teams, providing clandestine lab equipment to Mexican law enforcement, exchanging diversion control staff, and improving intelligence sharing. In addition, the Committee strongly supports the border task forces DEA has established to specifically focus on meth trafficking across the Southwest border, and DEA's partnership with the Customs and Border Protection Service to target suspicious cargo that could be related to meth production and trafficking. The recommendation includes $1,000,000 above the request to support DEA's efforts to combat international meth trafficking organizations.
In addition, the recommendation provides $20,000,000 under the Office of Justice Programs for DEA to assist State and local law enforcement with proper removal and disposal of hazardous materials at clandestine meth labs, including funding for training, technical assistance, a container program, and purchase of equipment to adequately remove and store hazardous material.
The Committee also supports DEA's effort to create a web site of the addresses of properties where meth labs or chemical dumpsites have been found. The web site will provide owners and renters with notice that a property may once have been used to produce meth and that there may be potential toxic hazards within the property.
Furthermore, the Committee understands that the new clandestine lab training facility at the DEA Academy will be completed in the fall of 2007. This new facility, funded by the Committee in fiscal year 2005, will improve DEA's ability to train Federal, State, local and foreign law enforcement on the latest techniques in clandestine lab detection, enforcement and safety. Since 1998, DEA has trained approximately 10,500 law enforcement personnel to conduct investigations and safely dismantle seized meth labs.
Diversion Control Fee Account.--The recommendation includes $212,078,000 for this account, which is $10,405,000 above the current year. In addition to inflationary and other base adjustments, the recommendation includes a program increase of $3,363,000 for 33 additional intelligence analysts.
During 2004, an estimated 6 million Americans abused prescription drugs. The additional intelligence analysts funded in this recommendation will improve DEA's ability to dismantle organizations trafficking prescription drugs. In addition, the recommendation includes $10,000,000 for a prescription drug monitoring program under the Office of Justice Programs.
The Committee remains disappointed in the Administration's lack of effort to comprehensively address prescription drug abuse, especially its continued resistance to allowing law enforcement to participate in the approval of labeling, promotion and risk management plans for new drugs to prevent another drug like OxyContin from being inappropriately marketed.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
The recommendation includes a total of $980,128,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which is $48,311,000 above the enacted level including supplements and equal to the budget request. The recommendation includes authority to collect $30,000,000 in explosives fees instead of $120,000,000 as proposed in the budget request.
In addition to funding inflationary and other base adjustments, the recommendation includes a $16,000,000 increase to establish additional Violent Crime Impact Teams (VCITs). The Committee appreciates ATF's work to combat gang violence and expects ATF to continue these efforts.
The Committee directs the ATF to submit a financial plan outlining the allocation of funding provided in this Act in accordance with the procedures outlined in section 605 of this Act. The financial plan shall describe the level of funding proposed to be used for the new ATF Headquarters building. In addition, the Committee directs that the financial plan provide sufficient funding for the effective operation of the National Integrated Ballistic Information Network.
The Committee has heard reports that ATF has pursued license revocations and denials against firearms dealers based on violations that consist largely of recordkeeping errors of various types that are unlikely to impede tracing investigations or prosecution of individuals who use firearms in crime. The Committee encourages ATF to focus its efforts on cases where licensees commit serious, material violations of known legal duties. The Committee urges ATF to examine its regulations, forms and recordkeeping requirements to prevent inadvertent violations by licensees.
The Committee understands that the Office of Inspector General (OIG) is planning a review of ATF's administration of the National Firearms Act and its management of the National Firearms Registration and Transfer Record. The Committee supports the OIG's plans to conduct this review.
The Committee has heard concerns that ATF regulations on firearm possession by nonimmigrant aliens, combined with policies of other Federal agencies, creates unnecessary hardship for legitimate foreign sport shooters and hunters who wish to travel through the United States on the way to other destinations. The Committee expects ATF to work with other relevant agencies to devise a regulatory solution to this problem, consistent with legitimate security and border enforcement concerns.
The Committee understands that during a disaster, ATF agents do not have authority to temporarily or permanently seize firearms in the possession of a person who is not prohibited under Federal or State law from possessing a firearm. The Committee expects ATF to continue to act only within existing authorities.
The Committee recommends bill language similar to previous years and the budget request, that: (1) prohibits funding for consolidating or centralizing certain records; (2) prohibits funding to amend the definition of `Curios or relics'; (3) prohibits funding for investigating or acting upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c); (4) makes funding available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 18 U.S.C. 925(c); (5) prohibits funding to transfer the functions, missions or activities of the ATF to other agencies or Departments; (6) prohibits funds from being used to disclose certain firearms trace data; (7) prohibits funds to promulgate or implement any rule requiring a physical inventory of any business licensed under 18 U.S.C. 923; (8) prohibits funding to be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code; and (9) prohibits funds to deny an application for a license under 18 U.S.C. 923 or renewal of such a license due to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
The Committee recommends a fiscal year 2007 appropriation of $4,987,059,000 for the salaries and expenses of the Federal Prison System, which is the same as the request and $156,898,000 above the fiscal year 2006 level.
The Committee continues to be concerned about the Administration's annual budget requests for the Federal Prison System. Recent requests have been predicated on unreasonable assumptions and rescissions of previously appropriated construction funds. The Committee believes that the fiscal year 2007 proposal to rescind prison construction funds is short-sighted since the inmate population is expected to steadily increase and over-crowding is anticipated to remain a significant problem. The Committee is concerned about the safety and morale of staff working in Federal prisons, and therefore believes that bringing additional bed space on-line in a timely manner is critical. The Committee encourages the Administration to look seriously at the needs of the Federal Prison System when it develops its future budget requests.
Activation and Expansion of Prisons.--Within the amount provided, the Committee expects the Bureau of Prisons (BOP) to activate the expanded and new facilities in Otisville, NY, and Pollock, LA. Activating constructed prison facilities remains a priority to the Committee.
Contract Confinement/Intergovernmental Agreements.--The Bureau of Prisons is directed to continue to meet bedspace needs using State, local, and private existing and new prison capacity, as well as renew agreements with local governments housing Federal criminal aliens, if these facilities meet Bureau of Prisons' standards and a fair and reasonable price is offered.
Drug Treatment Programs.--The Committee is aware that more than half of the Federal prison population is incarcerated because of illegal drug activity, and the Committee expects that the BOP will continue the transitional drug treatment program.
Reimbursable Agreement.--The Committee understands that the Department of Justice continues to pursue an agreement with the Department of Homeland Security to reimburse BOP for the costs of criminal alien inmates awaiting deportation. The Committee encourages this action, which would be consistent with reimbursements that are made by States for their inmates who are housed in BOP facilities.
Faith-based prisons.--The recommendation continues funding for eight faith-based prison programs. Within the recommended funding level, the Committee expects that these programs will be fully operational and that an evaluation of the results of these programs will be provided to the Committee within 180 days of enactment of this Act.
National Institute of Corrections (NIC).--To address deficiencies in corrections reporting identified by the U.S. Census Bureau, the Committee encourages the NIC to work with State corrections agencies to develop procedures and systems for collecting and maintaining corrections records.
The Committee recommends bill language, similar to that included in previous Appropriations Acts, which provides: (1) for the purchase of motor vehicles; (2) for the provision of technical advice to foreign governments; (3) for transfer of funds to the Health Resources and Services Administration; (4) for the Director to enter into contracts to furnish health care; (5) up to $6,000 for reception and representation expenses; (6) up to $20,000,000 for contract confinement expenses for the care and security of Cuban and Haitian entrants; and (7) for the Federal Prison System to accept donated property and services. The recommendation modifies the number of new and replacement automobile purchases and includes language, as requested, designating an amount to remain available for two fiscal years.
BUILDINGS AND FACILITIES
The Committee recommends $88,961,000 for fiscal year 2007 for the construction, modernization, maintenance, and repair of prison and detention facilities housing Federal inmates. This amount is the same as the fiscal year 2006 level, not including supplemental appropriations and $28,141,000 below the request for new budget authority. The recommendation does not include a proposed $142,000,000 rescission of funds previously appropriated for new prison construction. The net recommendation for this account is therefore $113,859,000 above the request.
The Committee remains deeply troubled by claims that inmate-on-inmate and inmate-on-staff assaults are increasing. The Committee believes that overcrowding can be a significant contributing factor to this increase in violent activity, and, for this reason, rejects the proposal to rescind balances from prison construction funds.
The Committee recommends bill language, similar to that included in previous Appropriations Acts, which allows: (1) for planning, acquisition of sites, and construction of facilities; (2) for acquisition, remodeling, and equipping facilities by contract or force account; (3) up to $14,000,000 to construct inmate work areas; and (4) for use of prisoner labor.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED
The Committee recommends a limitation on administrative expenses of $2,477,000 for Federal Prison Industries, Incorporated (FPI), for fiscal year 2007, which is $845,000 below the amount designated for fiscal year 2006 and the same as the request. The Committee believes that those who are repaying their debts to society should be provided opportunities to prepare themselves to re-enter the community as functioning citizens. The Committee notes that, unfortunately, FPI's inmate employment has declined by 2,800 since 2001, a 13 percent decrease. The Committee expects the Administration to continue to offer meaningful work opportunities to inmates while respecting the interests of small and medium-sized businesses.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $390,296,000 to support grants under the Violence Against Women Act, which is $8,730,000 above the current year and $43,283,000 above the request. The request includes funding for certain Violence Against Women Prevention and Prosecution Programs under the Justice Assistance heading, but the recommendation continues to include all Violence Against Women Prevention and Prosecution Programs under this heading. The table below displays funding for programs recommended under this heading compared to the level of funds requested for the same activities under this heading and under the Justice Assistance account.
[In thousands of dollars]
-------------------------------------------------------------------------------------------------------
FY 2006 enacted FY 2007 request 1 FY 2007 recommendation
-------------------------------------------------------------------------------------------------------
Violence Against Women Programs:
STOP Grants 184,916 172,990 174,500
(National Institute of Justice--R&D) (5,035) (2,477) (2,477)
(Safe Start Program) (9,872)
(Transitional Housing Assistance) (14,808) (14,862)
Transitional Housing Assistance 14,808
Grants to Encourage Arrest Policies 62,269 55,147 63,075
Rural Domestic Violence Assistance Grants 38,666 38,799 39,166
Violence on College Campuses 8,938 8,969 9,054
Civil Legal Assistance 38,719 45,774 42,000
Elder and Disabled Women 4,482 4,459 4,540
Safe Haven Project 13,717 13,766 13,894
Educ. & Training for Disabled Female Victims 7,064 7,109 7,155
Other Violence Against Women Programs:
CASA (Special Advocates) 11,745 11,750 11,897
Training for Judicial Personnel 2,258 2,263 2,287
Grants for Televised Testimony 973
Training Programs 4,895 4,918 4,958
Stalking Database 2,924 2,924 2,962
Total 381,566 390,296
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Funding included under this heading will continue to provide resources to expand units of law enforcement officers and prosecutors specifically targeting crimes against women, to develop and implement effective arrest and prosecution policies to prevent, identify and respond to violent crimes against women, and to provide much needed victim services including specialized domestic violence court advocates to obtain protection orders.
In response to the authorization contained in The Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162), the Committee recommends an increase of $16,822,000 above the enacted level for the Services, Training, Officers, and Prosecutors (STOP) grant program. These grants are intended to support coordinated community responses to violent crimes against women.
OFFICE OF JUSTICE PROGRAMS
The recommendation includes $2,244,179,000 for the Office of Justice Programs (OJP), which is $1,043,131,000 above the request and $171,932,000 below the current year. The recommended amount includes $65,000,000 in mandatory appropriations for Public Safety Officers Benefits. Again this year, the budget request proposes merging all programs administered by OJP under the Justice Assistance heading. The Committee recommendation retains the account structure used in previous fiscal years and funds State and local law enforcement programs under different appropriation accounts.
JUSTICE ASSISTANCE
The Committee recommends $215,575,000 for the Justice Assistance account, which is $14,679,000 below the enacted level and $818,377,000 below the request. The request proposed merging all OJP programs under this heading, and the Committee's recommendation retains the current year funding structure. The Justice Assistance program includes assistance to States and localities in the form of research, evaluation, and statistics; white collar crime; information sharing; missing children assistance; and Justice for All Act implementation, including victim notification. In addition, funding for the management and administration of all grants provided through OJP is provided under this heading. The table below compares the fiscal year 2007 recommendation to the fiscal year 2007 request for those programs recommended under this account heading.
[In thousands of dollars]
--------------------------------------------------------------------------------------------------
Program FY 2006 enacted FY 2007 request 1 FY 2007 recommendation
--------------------------------------------------------------------------------------------------
National Institute of Justice 54,298 56,241 55,000
Bureau of Justice Statistics 34,553 59,812 36,000
Victim Assistance 8,885
Justice for All Act/Victim Notification 1,974 9,960 10,960
National White Collar Crime Center 8,885 8,000
Regional Info. Sharing System 39,719 39,676 39,676
Management and Administration 34,553 10,466 10,466
Missing Children Program 47,387 50,928 55,473
Total 230,254 215,575
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National Institute of Justice.--The Committee recommendation provides $55,000,000 for the National Institute of Justice (NIJ). In addition, NIJ will receive funding under the Byrne Discretionary program, the Violence Against Women Prevention and Prosecution program, and the DNA Initiative.
NIJ is the Nation's primary source of research and development in the field of criminal justice. NIJ fosters innovation in law enforcement technologies and practices, investigates causes and patterns of crime, and informs the public of research and development findings. The Committee encourages NIJ to work with Federal law enforcement agencies in the development of law enforcement technologies to ensure coordination of research and development efforts.
The recommendation continues the current year level of funding for the NIJ's National Law Enforcement and Corrections Technology Centers. The Committee supports the Border Research and Technology Center and recognizes the important technology assistance and technical information it has provided to Federal, State, and local law enforcement operations in the border region.
Missing Children.--The Committee recommendation provides $55,473,000 for the Missing Children Program for fiscal year 2007, which is $8,086,000 above the enacted level and $4,545,000 above the request. This program provides funds to combat crimes against children, particularly kidnapping and sexual exploitation.
The recommendation includes an increase of $5,000,000 over the request and $6,060,000 over the current year for Internet Crimes Against Children (ICAC) Task Forces and $1,000,000 over the request and $1,113,000 over the current year for the National Center for Missing and Exploited Children (NCMEC) to increase efforts to prevent child on-line exploitation.
The following table displays the Committee's funding recommendation for this program:
MISSING CHILDREN PROGRAM
[In thousands of dollars]
--------------------------------------------------------------------------------------------------
FY 2006 enacted FY 2007 request FY 2007 recommendation
--------------------------------------------------------------------------------------------------
NCMEC 23,693 23,806 24,806
Jimmy Ryce Law Enforcement Training Center 2,962 2,976 2,976
ICAC 14,315 15,375 20,375
AMBER Alert 4,936 4,960 4,960
Missing and Exploited Children Office 1,481 1,488 2,356
Management and Administration 1,928
Unallocated 395
Total 47,387 50,928 55,473
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Regional Information Sharing System.--The Committee recommendation provides $39,676,000 for fiscal year 2007 for the Regional Information Sharing System (RISS), which is $43,000 below the enacted level and the same as the request.
The RISS program maintains six regionally-based information sharing centers throughout the United States, which are connected electronically to form a nationwide network for the automated exchange of crime and terrorism information between Federal, State, and local agencies. The Committee is pleased with the Administration's efforts to integrate RISS with the Law Enforcement On-Line (LEO) program and other information sharing programs. The Committee directs the Department to ensure that other inter-state information sharing systems funded by OJP and COPS utilize existing communications infrastructure and are compatible with RISS and LEO.
Justice for All Act/Victim Notification- The recommendation includes a total of $10,960,000 for activities authorized by the Justice for All Act, Public Law 108-405, to increase enforcement of crime victims' rights, including support for the Statewide Automated Victim Information Notification (SAVIN) program.
White Collar Crime Center- The Committee recommends $8,000,000 for the National White Collar Crime Center, which is $885,000 below the enacted level and $8,000,000 above the request. This program provides training, technical assistance, and investigative support to State and local law enforcement to combat white-collar and economic crimes such as fraud and identity theft.
Management and Administration- The Committee recommendation provides $10,466,000 in direct appropriations for the management and administration of OJP programs, which is $24,087,000 below the enacted level and the same as the request. 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. Further, the Committee notes that 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.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends a total of $1,103,492,000 for State and Local Law Enforcement Assistance programs. This amount is $1,103,492,000 above the request and $149,619,000 below the enacted level. The Committee does not adopt the Administration's proposal to consolidate this appropriation under the Justice Assistance heading.
The table below displays funding for programs recommended under this heading compared to the level of funding requested under the Justice Assistance account for the same activities.
[In thousands of dollars]
--------------------------------------------------------------------------------------------------
FY 2006 enacted FY 2007 request 1 FY 2007 recommendation
--------------------------------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grant 411,159 558,077
(Boys and Girls Clubs) (83,914) 59,512 (75,000)
(National Institute of Justice) (9,872)
(Byrne Discretionary Grants) (115,225)
State Criminal Alien Assistance 399,827 405,000
Southwest Border Prosecutors 29,617 29,757 30,000
Byrne Discretionary Grants 189,255
Victims of Trafficking 9,872 21,488 21,488
State Prison Drug Treatment 9,872 5,000
Drug Courts 9,872 69,186 40,000
Prescription Drug Monitoring 7,404 9,919 10,000
Prison Rape Prevention and Prosecution 17,943 1,984 22,943
Capital Litigation 987 14,879 2,000
Cannabis Eradication 4,936 10,713
Indian Assistance Programs 21,719
Intelligence State and Local Training 9,872 2,000
Missing Alzheimer's Patients 840
Mentally Ill Offender Act 4,936 5,000
Sex Offender Registry 1,984 1,984
What Works 992
Emergency Supplemental 125,000
Total 1,253,111 1,103,492
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Edward Byrne Memorial Justice Assistance Grants Program.--The Committee recommendation includes $558,077,000 for the Edward Byrne Memorial Justice Assistance Grants (JAG) program.
Of the amount provided, $367,852,000 is for the JAG formula grant program authorized by the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162). The recommendation for JAG formula grants is $367,852,000 above the budget request and $50,479,000 over the enacted level.
Funding under this program is authorized for (a) law enforcement programs; (b) prosecution and court programs; (c) prevention and education programs; (d) corrections and community corrections programs; (e) drug treatment and enforcement programs; (f) planning, evaluation, and technology improvement programs; and (g) crime victim and witness programs (other than compensation). Funding is not available for (a) vehicles, vessels, or aircraft; (b) luxury items; (c) real estate; or (d) construction projects.
The formula used for distributing funds under this program allocates 50 percent of funding based on population, and 50 percent based on violent crime rates. The formula allocates 60 percent of funding to States and 40 percent to units of local government.
Of the amount provided, $75,000,000 is for Boys and Girls Clubs, which is $15,488,000 above the request. The Committee provides these funds to deter young people from entering gangs and participating in other criminal activities.
Of the amount provided, $115,225,000 is for discretionary grants to help to improve the functioning of the criminal justice system with an emphasis on drugs, violent crime, and serious offenders. Grants shall be awarded for the same authorized purposes as the Edward Byrne Memorial Justice Assistance Grant program. Within the amounts provided, the Committee expects OJP to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committee on its intentions for each proposal:
Virginia Attorney General's Office for law enforcement initiatives;
Northern Shenandoah Valley Regional Drug Task Force;
The Women's Center in Vienna, VA;
Polaris Project;
Northern Virginia Regional Gang Task Force;
ChildSafeNet in Fairfax County, VA;
Tahirih Justice Center in Falls Chirch, VA;
William and Mary College's Courtroom 21 Project;
Pre-release and post-incarceration services programs for Commonwealth of Virginia;
Court programs in the Commonwealth of Virginia to combat drugs and drug related crime;
Virginia State Police for Gang Education and Community Awareness Program;
Virginia Community Policing Institute;
Securing Emergency Resources Through Volunteer Efforts (SERVE) for a re-entry program;
International Institute for Alcohol Awareness for law enforcement training on liquor law enforcement;
National Association of Town Watch's National Night Out crime prevention program;
National Citizens Crime Prevention Campaign;
National Institute on State Policy on Trafficking of Women and Girls;
Mothers Against Drunk Driving;
Pegasus;
Concordia Parish, LA, Police Jury;
West Carroll Parish, LA, Sheriff's Office;
Texas Border Sheriffs' Coalition;
Texas Governor's Office for Operation Rio Grande;
City of Houston, TX, Violent Criminal Gang Initiative;
Southwest Texas law enforcement initiative;
Rape, Abuse, and Incest National Network;
Operation Blue Ridge Thunder;
Cook County, IL, Cold Case Homicide Unit;
Yancey County, NC, Sheriff's Department;
Tarleton State University for Rural Law Enforcement Information Technology and Anti-Terrorism Service Center;
Coryell County, TX, Sheriff's Department;
Grass Valley, CA, for a law enforcement initiative;
Women's Center of Tarrant County, TX;
Ohio State Patrol;
Clark, Greene, Fayette, and Pickaway Counties, OH, for a law enforcement initiative;
University of Central Oklahoma for a law enforcement initiative;
Training Demonstration Program for Oklahoma law enforcement officers;
Enough is Enough;
Moultrie County, GA, Police Department;
Birmingham Family Services in Oakland County, MI;
Michigan Jewish Institute for a law enforcement initiative;
San Bernardino County and Riverside County, CA, Regional Fingerprint Identification Program;
City of Redlands, CA, East Valley Justice Communications Center;
Riverside County, CA, Web Wise Kids Program;
San Bernardino County, CA, for a law enforcement initiative;
City of Redlands, CA, Crime Analysis System;
Midwest Forensics Center at Iowa State University;
Iowa State University for a cyber crime program;
Drug Abuse Resistance Education;
Parents Anonymous;
Advanced Science and Technology Adjudication Resource Center;
Operation UNITE for a drug enforcement, treatment and education program;
London City, KY, Police Department;
Criminal Information Sharing Alliance Network;
Bannock, Bonneville, Madison, and Oneida Counties, ID, for a law enforcement initiative;
New York State Center for Security Technologies;
Warren County, NY, District Attorney's Office;
Saratoga County, NY, District Attorney's Office;
Phoenix House in Delaware County, NY;
Center for Court Innovation;
University of Tennessee Law Enforcement Innovation Center;
Drug Court Program in Chattanooga, TN;
State Attorney Safe Schools Program, FL;
National Forensic Science Technology Center in Largo, FL;
St. Petersburg College for law enforcement training;
Elder Justice Information Center at Stetson University College of Law;
National Clearinghouse for Science and the Law at Stetson University College of Law;
RUSH Task Force in Virginia;
Davis County, UT, for a law enforcement initiative;
Citizens Crime Watch of Florida;
National Association of Court Management;
Inner Harbor, GA, for Children and Families;
Phoenix House, TX;
Kane County, IL, for a mental health court;
Carpentersville, IL, Community Response Team;
City of Springfield, MO, law enforcement initiative;
National Motor Vehicle Title Information System;
Ascension Parish, LA, Law Enforcement Training Center;
Will County, IL, Sheriff's Office for a law enforcement initiative;
Pasco County, FL, Sheriff's Office for a law enforcement initiative;
National Institute of Justice's Cyberscience Laboratory in Rome, NY;
Carroll County, NH, for a law enforcement initiative;
Regional Crime Laboratory at Sam Houston State University;
City of Denton, TX, for a law enforcement initiative;
Midland County, MI, for a court program;
Salt Lake County, UT, Sheriff's Office;
Richmond, VA, Police Department for a law enforcement training program;
Town of Culpeper and County of Culpeper, VA, for a law enforcement and gang violence prevention program;
Page County, VA, for a law enforcement initiative;
Cincinnati, OH, Police Department for a law enforcement initiative;
Laporte County, IN, Sheriff's Department;
City of South Bend, IN, Police Department;
City of High Point, NC, for a law enforcement initiative;
SEARCH Program;
City of Chesapeake, VA, for gang suppression activities;
Action in the Community Through Service in Prince William County, VA;
Vienna, VA, Police Department;
Annandale, VA, Christian Community for Action;
Youth Crime Watch of America;
Oldham County, KY, Sheriffs Office for a law enforcement initiative;
HELP House in Philadelphia, PA;
Greenville, PA, for a law enforcement initiative;
Bucks County, PA, for a gang enforcement initiative;
Indian River Community College for a law enforcement initiative;
New York City, NY, for a law enforcement initiative;
City of Glendale, AZ, for a law enforcement initiative;
Ventura County, CA, Sheriff's Office for a law enforcement initiative;
Hackettstown, NJ, for a law enforcement initiative;
All Kids Count;
National Council of Juvenile Family Court Judges;
City of Nacogdoches, TX, for a law enforcement initiative;
Synergy Domestic Violence Program in Parkville, MO;
American Prosecutors Research Institute;
Minnesota CrimNet;
Gang of One in Charlotte, NC;
Richmond County, NC, for law enforcement equipment;
City of Chandler, AZ, for a law enforcement initiative;
Mesa, AZ, for a law enforcement initiative;
Vincennes University Center for Applied Technology for a law enforcement initiative;
Owen County, IN, for a law enforcement initiative;
Vanderburgh County, IN, for a law enforcement initiative;
City of Greenville, SC, for a law enforcement initiative;
City of Oceanside, CA, for a gang prevention program;
McLean County, IL, for a drug court program;
Currituck, Duplin, and Tyrell, NC, for a law enforcement initiative;
Phoenix House in Westchester County, NY;
Putnam County, NY, for a law enforcement initiative;
National Training Center in Sioux City, IA, for law enforcement training;
Steuben County, NY, for a law enforcement initiative;
Monroe County, NY, for a law enforcement initiative;
Rural Justice Institute at Alfred University in Alfred, NY;
Horizon House, OH;
Atlantic County, NJ, and Cape May County, NJ, for a law enforcement initiative;
Saline, Smith, Kearney and Meade Counties, KS, for a law enforcement initiative;
Weld County, CO, Gang Task Force;
Eastern Colorado Plains Drug Task Force;
Crossroads Safehouse in Fort Collins, CO;
Mecklenburg County, NC, for a law enforcement initiative;
Schoolcraft College, MI, for a law enforcement initiative;
Rutherford County, NC, for a drug interdiction program;
SUNY-Canton for a law enforcement training program;
Central Ohio Drug Enforcement Task Force;
City of Henderson, NV, for law enforcement initiatives;
Las Vegas Metropolitan Police Department for law enforcement initiatives;
Franklin County, OH, for a law enforcement initiative;
Columbus, OH, for a law enforcement initiative;
King County, WA, for law enforcement initiatives;
Broward County, FL, for a law enforcement initiative;
University of Connecticut for a law enforcement initiative;
Dubois County, IN, for a law enforcement initiative;
City of Albuquerque, NM, for a law enforcement initiative;
San Carlos Apache Tribe, AZ, for a law enforcement initiative;
Pinal County, AZ, Sheriff's Office;
Delaware County Community College for a law enforcement initiative;
Chester, PA, for law enforcement initiatives;
City of Abilene and Taylor County, TX, for a law enforcement initiative;
Lavonia, GA, Police Department for a law enforcement initiative;
ACTION Project in San Joaquin Valley, CA;
Buchanan, Jones, and Scott Counties, IA, for a law enforcement initiative;
Texas State University at San Marcos for a law enforcement initiative;
Dona Ana County, NM, for a law enforcement initiative;
MISSING Program in Indiana;
Smith County, MS, for a law enforcement initiative;
Counties of Calhoun and Cleburne, AL, for drug and violent crime task forces;
Talladega County, AL, for a drug task force;
Judicial Education Reference, Information and Technical Transfer, MI;
City of Westminster, CA, for a law enforcement initiative;
Miami Partnership for Action in Communities Task Force for anti-gang initiatives;
Law enforcement training activities in Hughesville, PA;
Eastern Montgomery County, PA, for law enforcement training;
A Child Is Missing, WI;
City of Altoona, PA, Police Department;
Providence House, NJ, for domestic violence programs;
Howell, NJ, for a law enforcement initiative;
National Center for Audio/Video Forensics, CO;
Kern County, CA, for law enforcement activities;
Bakersfield, CA, for gang violence activities;
Columbus, OH, for an anti-gang initiative;
Deschutes County, OR, drug court initiative;
City of Streator, IL, for a law enforcement initiative;
Hilton Head Island and Beaufort County, SC, for a law enforcement initiative;
Phoenix House, Long Island, NY;
Town of Amherst, NY, Police Department;
Town of Greece, NY, Police Department;
Noble County and DeKalb County, IN, for law enforcement initiatives;
Greene County, MO, for law enforcement initiatives;
Honolulu, HI, Youth Challenge Program;
Greater Portland, ME, program for victims of violent crime;
Camden County, NJ, Collaborative Drug Intervention Committees;
California Western School of Law California Innocence Project;
Los Angeles City/County, CA, (CLEAR) anti-gang program;
Calhoun County, GA, Family Connection program for at-risk teenagers;
Parents for Megan's Law, NY;
Suffolk County, NY, Police Department Computer Crimes Section;
Sac and Fox Tribal Police Force, IA;
Pat Thomas Law Enforcement Academy;
Ohio DOVE domestic violence program;
United Way for Southeastern Michigan for recidivism reduction program;
Davidson County, TN, Mental Health Court;
Madison County, AL, for adult, juvenile, family drug court and mental health court;
Madison, AL, Police Department for domestic violence program;
Urban Criminal Justice Research and Training, MD;
Alabama New Options program;
F.A.I.T.H. Inc. to reduce recidivism, IL;
IL New Beginning program;
Neighborhood Re-entry Center, Chicago, IL;
A Child is Missing, CT;
New Haven, CT, Court Team;
University of Connecticut research on crime prevention program;
Collaborative Network Security Development, MI;
Travis County, TX, Sheriff's Office program for at-risk youth;
Duquesne/Carnegie Mellon University cyber crime project;
Homestead Borough, PA, Police Department drug prevention programs;
ALERRT Program;
Johnson County, TX, Police;
Johnson County, TX, Stop the Offender Program;
Somervell County, TX, Police;
East Palo Alto, CA, for a violence and gang prevention initiative;
Ex-offenders program, PA;
FDRC in PA;
Philadelphia, PA, PSR Program to reduce violence in schools;
San Diego County, CA, SAFE Task Force training;
Illinois Comprehensive Domestic Violence Program;
Los Angeles, CA, Community Policing Program;
Phoenix Academy of LA for at-risk youth program;
Children's Home Society of South Dakota;
Prince George's County, MD, State Attorney Office for Rehabilitative Project;
Prince George's County, MD, Victim Advocate program;
Suffolk County, NY, District Attorney Office for Senior Abuse Unit;
Chicago, IL, metropolitan domestic violence program;
Chicago, IL, CAPS program for at-risk youth;
Harris County, TX, Special Crime Task Force;
East Stroudsburg, PA, Cyber Crime and Forensics Institute;
Luzerne County, PA, Drug Court Program;
Northwest, OH, program for at-risk youth;
John Jay College Crime Prevention and Control Center;
RI Family Court for Mental Health Court;
Bridges to Success Transitional Project parolees program;
Safe and Clean Detroit Initiative;
Wayne County, MI, Jail Diversion Assistance Initiative;
East Bay, CA, Community Law Center;
Youth Uprising project for at-risk youth and young adults;
NY Women's Justice Center;
Rockland County, NY, Sheriff's Office for law enforcement equipment;
Westchester and Rockland County, NY, for crime prevention programs;
Westchester County, NY, for criminal intelligence fusion center;
Stoughton, MA, for Community Policing initiative;
NY Education Outreach for at-risk youth and adults;
The Doe Fund;
Hispanic Counseling Center for Mental Health Domestic Violence Program;
Seattle, WA, Police Department for at-risk youth programs;
MA Tech Mission for at-risk youth programs;
NY Domestic Violence Legal Connection;
Unity House of Troy, NY, Victims of Domestic Violence progam;
Solano County, CA, Probation Department;
Fairmont State College program for law enforcement personnel computational tools;
Glenville State College program for criminal justice and overcoming geographical challenges in support of law enforcement communications systems;
National White Collar Crime Center;
Salvation Army of Wheeling, WV, program for domestic violence;
Steganography Analysis Research Center;
West Liberty State College program for law enforcement technology commercialization and corrections training;
West Virginia University programs for law enforcement biometric analysis systems and environments, public safety personnel protection system, and law enforcement information technology and analysis program
Kansas City, KS, Police Department for the Victims Services Unit
Wyandotte County, KS, Neighborhoods NOW program;
John Jay College of Criminal Justice;
Springfield, MA, for law enforcement equipment;
Westfield, MA, law enforcement training program;
WI Alliance for Children and Families;
Berkshire, MA, for law enforcement training;
Back on Track program for at-risk youth;
CA Department of Justice crime scene response;
San Francisco, CA, Ex-Offender Re-entry Services;
STP for legal programs;
Willmar, MN, for anti-gang programs;
Native Americans into Law Program at the University of North Dakota;
Phoenix House, NY;
STRIVE program;
Fairleigh Dickinson University Computer Forensics Laboratory;
Asian Pacific Womens Center for domestic violence programs, CA;
Bienestar programs for at-risk youth, CA;
Resource Center on Workplace Violence, CA;
Hennepin County, MN, Automated Criminal Charging Project;
City of South Gate, CA;
Anaheim, CA, Family Justice Center;
Eastern Montgomery County, PA, for law enforcement training activities;
Girls Incorporated for at-risk youth programs, VA;
Citizens Advice Bureau, NY;
CONNECT Domestic Violence Program, NY;
Dominican Women's Development Center, NY;
The Bronx Coalition, NY;
Urban Justice Center, NY;
Buffalo City, NY, domestic violence program;
Arkansas Criminal Justice Institute for law enforcement training;
Los Angeles, CA, Domestic Abuse Response Team;
Lancaster County, SC, Sheriff's Office for law enforcement training;
Mahoning County, OH, for anti-drug programs;
Essex County, MA, Sheriff's Office for anti-drug programs;
State of New Mexico Narcotics Section for anti-drug programs;
Maryland Regional Gang Initiative;
Winston-Salem & Forsyth County, NC, for law enforcement equipment;
Center Point, CA, for re-entry services;
Washington County, OR, drug court;
Plymouth County, MA, domestic violence program;
Philadelphia, PA, domestic violence program;
Ready4Work juvenile offender re-entry program; and
Ouachita County, AR, Sheriff's Department.
State Criminal Alien Assistance Program.--The recommendation provides $405,000,000 for the State Criminal Alien Assistance Program (SCAAP) for reimbursement to States for the costs of incarceration of criminal aliens, which was again proposed for elimination in the budget request. The recommendation provides a $5,173,000 increase above the fiscal year 2006 level.
Southwest Border Prosecutions.--The Committee recommends $30,000,000 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. The recommendation is $383,000 above the fiscal year 2006 level.
Victims of Trafficking.--The recommendation includes $21,488,000 to enhance State and local efforts to combat trafficking of persons, as authorized by section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164), and to conduct comprehensive research and statistical review of sex trafficking and unlawful commercial sex acts in the United States, as authorized by section 201 of Public Law 109-164. The amount provided is $11,616,000 above the enacted level and the same as the request. The Committee encourages the Department of Justice to work with the Department of State and the Department of Health and Human Services to strengthen anti-trafficking training programs.
State Prison Drug Treatment.--The recommendation includes $5,000,000 for state prison drug treatment programs, which is $5,000,000 over the request.
Drug Courts.--The recommendation includes $40,000,000 for the drug court program, which is $30,128,000 above the current year.
Harold Rogers Prescription Drug Monitoring Program- The recommendation includes $10,000,000 for the Harold Rogers Prescription Drug Monitoring Program to assist States in building or enhancing prescription drug monitoring systems, facilitating the exchange of information among States, and providing technical assistance and training on establishing and operating effective prescription drug monitoring programs. The Committee expects that OJP will continue to work with the DEA to implement this program. This amount is $2,596,000 above the enacted level and $81,000 above the request.
Prison Rape Prevention and Prosecution.--The Committee's recommendation provides $22,943,000 to implement the Prison Rape Elimination Act of 2003 (Public Law 108-79). This amount is $5,000,000 above the enacted level and $20,959,000 above the request. The Committee is disappointed that the Administration's request significantly reduces funding for the program and fears that this action demonstrates a lack of commitment to fully implement the Prison Rape Elimination Act.
The recommendation provides $14,768,000 for the collection of statistics, data and research; $1,000,000 for the National Institute of Corrections for a national clearinghouse, training, and education; $5,000,000 for grants to States to protect inmates and safeguard communities; and $2,175,000 to be transferred to the National Prison Rape Elimination Commission.
The Committee understands that experts have conservatively estimated that at least 13 percent of the inmates in the United States have been sexually assaulted in prison and that many inmates have suffered repeated assaults. Under this estimate, nearly 200,000 inmates now incarcerated have been, or will be, the victims of prison rape. The total number of inmates who have been sexually assaulted in the past twenty years likely exceeds 1,000,000. The Committee understands that prison rape contributes to the spread of sexually-transmitted diseases, such as HIV and AIDS. The Committee also recognizes that mentally ill and juvenile inmates are particularly vulnerable to sexual victimization. The Committee further understands that most prison staff are not adequately trained or prepared to prevent, report, or treat inmate sexual assaults, and that prison rape often goes unreported. The Committee looks forward to the recommendations of the National Prison Rape Elimination Commission and the data collected by the Bureau of Justice Statistics (BJS) to further illuminate the problem and identify ways to improve the Nation's prison system. The Committee hopes that BJS will work to address the concerns raised by the Prison Rape Elimination Commission on the question order of the 2006 National Inmate Survey of Sexual Assault so that the results will be consistent with the intent of the Congress and will fully display the prevalence of prison rape.
Capital Litigation.--The recommendation includes $2,000,000 for capital litigation improvement grants. This amount is $1,013,000 over the enacted level.
Improving State and Local Law Enforcement Intelligence Capabilities.--The recommendation includes $2,000,000 for the implementation of the National Criminal Intelligence Sharing Plan and the efforts of the Global Justice Information Sharing Initiative. The Committee directs that this funding be used to support training for State and local law enforcement on the intelligence process, including planning, collection, analysis, dissemination and reevaluation. This program should continue to provide support for training in the use of intelligence as a tool in identifying pre-incident indicators. It should also include training to ensure that law enforcement officials are protecting individuals' privacy, civil rights, civil liberties, and constitutional rights while gathering intelligence. The Committee also expects these funds to be available to promote the use of information technology standards among law enforcement to ensure that that data can be exchanged across disparate information systems.
Mentally-Ill Offenders.--The Committee is concerned about the effects of the criminal justice system on the mentally-ill. The recommendation includes $5,000,000 for grants authorized by the Mentally Ill Offender Act of 2004.
Sex Offender Registry.--The recommendation includes $1,984,000, as requested, 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.
COMMUNITY ORIENTED POLICING SERVICES
The Committee recommendation includes $570,545,000 for the Community Oriented Policing Services (COPS) program for fiscal year 2007, which is $98,355,000 above the current year and $468,449,000 above the request. The table below displays funding for programs recommended under this heading compared to the funding requested for the same activities under this heading and under the Justice Assistance account.
------------------------------------------------------------------------------------------------------------------------
Program FY 2006 enacted FY 2007 request 1 FY 2007 recommendation
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Training and Technical Assistance 3,949 3,997 3,997
Tribal Law Enforcement 14,808 31,065 31,065
Methamphetamine Grants 62,778 40,084 99,000
Law Enforcement Technologies and Interoperable Communications 138,117 100,000
Management and Administration 26,950 26,950
Bullet-Proof Vests 29,617 9,820 20,000
Criminal Records Upgrade 9,872 39,180 4,873
DNA Initiative 107,145 175,568 175,568
Paul Coverdell Forensic Science 18,264
Crime Identification Technology Act 28,407
Project Safe Neighborhoods 14,808 58,523 54,808
Anti-Gang Initiative 39,489 14,879 [40,000]
Weed and Seed Program 49,348 49,348
Offender Re-Entry 4,936 14,879 4,936
Total 472,190 570,545
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Tribal Law Enforcement.--The recommendation includes $31,065,000 for tribal law enforcement efforts, which is the same as the request. The recommendation combines funds in this heading with funds previously appropriated under State and Local Law Enforcement Assistance. These funds are intended to meet the most pressing needs of tribes, including law enforcement hiring, equipment, and training, court improvement projects, and alcohol and substance abuse reduction programs. Within the funds provided, tribal special enforcement agencies shall be eligible for funding.
Methamphetamine Enforcement and Clean-Up.--The Committee recommends $99,000,000 for grants to address public safety and methamphetamine manufacturing, sale, and use in `hot spots,' including reimbursement of the Drug Enforcement Administration (DEA) for expenses related to the clean-up of methamphetamine clandestine labs. This amount is $36,222,000 above the enacted level and $58,916,000,000 above the request. The Committee is aware that the production, trafficking, and abuse of methamphetamine, an extremely destructive and addictive synthetic drug, continues to be a serious national problem.
Within the amount provided, the Committee has included $20,000,000 to reimburse the DEA for assistance to State and local law enforcement for proper removal and disposal of hazardous materials at clandestine methamphetamine labs, including funds for training, technical assistance, a container program, and purchase of equipment.
The Committee expects the COPS Program Office, in consultation with DEA, to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committee on its intentions for each proposal:
Virginia State Police for the NW Virginia Regional and Harrisonburg Drug Task Forces to combat meth;
Partnership for a Drug Free America;
Louisiana Methamphetamine Task Force;
Macon County, NC, Methamphetamine Initiative;
Lamar County, AL, Sheriff's Office;
Etowah County, AL, Commission for Drug Enforcement Unit;
South Central Missouri Drug Task Force;
Southeast Missouri Drug Task Force;
Mineral Area, MO, Drug Task Force;
Kentucky MethCheck;
Anti-meth activities in Montana;
Bradford County, PA, Sheriff's Office for a methamphetamine initiative;
Tennessee Statewide Methamphetamine Task Force;
Metro Drug Task Force, Kanawha County, WV;
Polk County, FL, Sheriff's Office Methamphetamine Project;
Hillsborough County, FL, Sheriff's Office for a methamphetamine initiative;
Bibb County, AL, for a methamphetamine eradication program;
Jefferson County, CO, Methamphetamine Response Collaborative;
Arkansas Meth Hot Spots Initiative;
Criminal Justice Institute, AR, for Methamphetamine Education and Training;
TEMPEST for on-going anti-meth activities in PA;
Pennsylvania Attorney General for anti-meth activities;
Northern Kentucky Drug Strike Force;
Bucks County, PA, for a methamphetamine initiative;
Nebraska State Patrol for a methamphetamine initiative;
Boys and Girls Home of Nebraska for anti-meth activities;
Partnership Carson City, NV, Anti-Meth Coalition;
Franklin County, MO, for an anti-methamphetamine initiative;
State of Iowa for Community Meth Enforcement Teams;
Daviess County, KY, for Regional Methamphetamine Eradication;
Oklahoma Bureau of Narcotics and Dangerous Drug Control;
California Methamphetamine Strategy;
Washington State University for methamphetamine research;
Spokane County, WA, for anti-meth activities;
Washington State Methamphetamine Initiative;
Coconino County, AZ, for a methamphetamine initiative;
State of New Mexico for anti-meth activities;
Hillsdale County, MI, for a drug enforcement team;
Sangamon County, IL, for anti-meth activities;
Indiana Criminal Justice Institute;
Integrating Systems Against Methamphetamine Abuse at the University of Nebraska;
Pennyrile Narcotics Task Force, KY;
Riverside County, CA, Drug Endangered Children;
University of Nebraska for research on a methamphetamine vaccine;
Crittenden County, AR, Sheriffs Office Narcotics Department;
Second Judicial District, AR, Drug Task Force;
Grady County, GA, Sheriffs Office Meth program;
Multnomah County, OR, Comprehensive Stomp Out Meth Project;
St. Louis County, MO, meth project;
Franklin County, IL, Sheriff's Department to combat meth;
Union County, IL, Sheriff's Department to combat meth;
Colbert County, AL, Sheriffs Office;
Madison-Morgan County, AL, Strategic Counter Drug Team;
Morgan County, AL, Sheriff's Office special meth response team;
Scottsboro, AL, Police Department;
McMullen County, TX, for drug hot spots;
14th Judicial District TN Drug and Violent Crime Taskforce;
Lane County, OR, Methamphetamine Abatement Initiative;
South Coast Interagency Narcotics Team (SCINT), OR;
Tennessee 13th Judicial District for meth enforcement;
Tennessee meth educational program;
Lincoln County, OR, Methamphetamine Initiative;
Marion County, OR, Kids First Initiative for children affected by meth addiction;
Maine State Police to combat meth abuse;
Solano County Sheriff's Office multi-jurisdictional methamphetamine enforcement team (Cal-MMET), CA;
Crystal meth campaign, NY;
Northeast Law Enforcement Administrator's Council (NLEAC) to combat meth, MN;
Northwest WI STOP Meth Project;
White Earth Tribal Nation to combat meth, MN;
Willmar, MN, meth education;
Rural Methamphetamine Enforcement--North Dakota;
Phoenix House, CA, adolescent meth drug treatment;
Grand Junction, CO, Meth Drug Task Force;
Missouri Meth Program;
Jackson County, MS, Sheriff's Office to fight meth; and
18th Judicial District, AR, meth initiative.
Law Enforcement Technologies and Interoperable Communications Program.--The Committee recommendation provides $100,000,000 for continued development of technologies and automated systems to assist State and local law enforcement agencies in investigating, responding to and preventing crimes, and gathering and analyzing information, and for the continued development of interoperable communications systems for State and local law enforcement entities. The recommendation restores $100,000,000 above the request. The Committee recognizes the importance that sharing information among State and local law enforcement agencies can have in preventing crimes and in identifying and apprehending criminals. The Department of Justice shall continue the interoperable communications grant program to the maximum extent possible.
In examining all grant applications under this program, the COPS Office is directed to ensure that proposals meet equipment standards adopted by the National Institute of Justice and the Bureau of Justice Assistance within the Office of Justice Programs and the Office of Law Enforcement Standards within the National Institute of Standards and Technology.
Within the amount provided, the Committee expects the COPS office to examine each of the following proposals, to provide grants if warranted, if each application complies with the direction provided above, and to submit a report to the Committee on its intentions for each proposal:
Statewide records management system for Virginia law enforcement;
Integrated Criminal Justice Information System for the State of Virginia;
Law enforcement communications planning in the State of Virginia;
Town of Basile, LA, for law enforcement technologies;
Southside Virginia law enforcement agencies for law enforcement technologies;
Lake County, IL, Integrated Criminal Justice Information System;
Northwest Chicago, IL, for law enforcement technologies;
City of Melbourne, FL, for law enforcement technologies;
Northwest Shoals Community College, AL, for law enforcement technologies;
Law enforcement technologies for the Middle Rio Grande Border Region of Texas;
City of Jacksonville, FL, Sheriff's Office for law enforcement technologies;
Nevada County, CA, for law enforcement technologies;
Placer County, CA, for law enforcement technologies;
Grass Valley, CA, Police Department for law enforcement technologies;
Plumas County, CA, for law enforcement technologies;
Morris County, NJ, Police Department for law enforcement technologies;
Sussex County, NJ, Police Department for law enforcement technologies;
Somerset County, NJ, Police Department for law enforcement technologies;
West Essex Portion of Essex County, NJ, Police Department for law enforcement technologies;
Greene County, OH, for law enforcement technologies;
Pima County, AZ, for law enforcement technologies;
Cochise County, AZ, and City of Sierra, AZ, for law enforcement technologies;
Long County, GA, Sheriff's Department for law enforcement technologies;
Logan County, IL, for law enforcement technologies;
Adams County, IL, for law enforcement technologies;
Peoria County, IL, for law enforcement technologies;
City of San Bernardino, CA, for law enforcement technologies;
City of Banning, CA, for interoperable communications for law enforcement;
Howard County, IA, Sheriff's Department for law enforcement technologies;
Louisville, KY, Metro Police Department for law enforcement technologies;
Stark County, OH, for law enforcement technologies;
Wayne County, OH, for law enforcement technologies;
Law enforcement initiatives in the State of Montana;
Sedgwick County, KS, for law enforcement technologies;
Wichita, KS, Police Department for law enforcement technologies;
Onondaga County, NY, for interoperable communications and law enforcement technologies;
City of Syracuse, NY, for law enforcement technologies;
City of Chattanooga, TN, Police Department for law enforcement technologies;
City of Oak Ridge, TN, Police Department for law enforcement technologies;
City of Southaven, MS, for law enforcement technologies;
City of Como, MS, for law enforcement technologies;
Alcorn County, MS, for law enforcement technologies;
Stafford County, VA, for law enforcement technologies;
Weber County, UT, for law enforcement technologies;
Interoperable communications for South Carolina law enforcement;
Jefferson County, WV, for interoperable communications for law enforcement;
Upshur County, WV, for law enforcement technologies;
City of Norman, OK, for law enforcement technologies;
City of Hialeah, FL, for law enforcement technologies;
Klickitat County, WA, for law enforcement technologies;
North Central Texas Regional Interoperability Project;
Kane County, IL, Sheriff's Office for law enforcement technologies;
Webb City, MO, law enforcement technologies;
City of Ozark, MO, law enforcement technologies;
Mt. Vernon, MO, law enforcement technologies;
City of Norwalk, CT, for law enforcement technologies;
Georgetown Special Taxing District, CT, for law enforcement technologies;
Stamford, CT, for law enforcement technologies;
Anderson County, SC, for law enforcement technologies;
Montgomery County, TN, for law enforcement technologies;
Huntington County, IL, for interoperable communications for law enforcement;
City of Corona, CA, for law enforcement technologies;
Richmond, VA, Police Department for law enforcement technologies;
Automated Fingerprint Identification System for Delaware;
Cincinnati, OH, Police Department for law enforcement technologies;
Automated Fingerprint Identification System for Cincinnati, OH;
Midland, TX, for law enforcement technologies;
State of Wyoming for law enforcement technologies;
Chesterfield County, VA, for law enforcement technologies;
City of Suffolk, VA, for law enforcement technologies;
Prince George County, VA, for law enforcement technologies;
Fairfax County, VA, for law enforcement technologies;
Prince William County, VA, for law enforcement technologies;
Fairfax City, VA, for law enforcement technologies;
Lehigh Valley Regional Initiative, PA, for law enforcement technologies;
Homestead, FL, for law enforcement technologies;
City of Virginia Beach, VA, for law enforcement technologies;
City of Norfolk, VA, for law enforcement technologies;
Northampton County, VA, for law enforcement technologies;
Accomack County, VA, for law enforcement technologies;
City of Hampton, VA, for law enforcement technologies;
City of Dothan, AL, for law enforcement technologies;
Florida Integrated Network for Data Exchange and Retrieval;
South Plainfield, NJ, for law enforcement technologies;
Clark, NJ, for law enforcement technologies;
Fanwood, NJ, for law enforcement technologies;
Edison, NJ, for law enforcement technologies;
Montgomery Township, NJ, for law enforcement technologies;
Springfield Township, NJ, for law enforcement technologies;
Bucks County, PA, for law enforcement technologies;
Okeechobee County, FL, Sheriff's Department for law enforcement technologies;
Lincoln, NE, for law enforcement technologies;
Municipality of Arroyo, PR, for law enforcement technologies;
Municipality of Luquillo, PR, for law enforcement technologies;
Municipality of Manati, PR, for law enforcement technologies;
Municipality of Rio Grande, PR, for law enforcement technologies;
Ponce Region, PR, for interoperable communications for law enforcement;
Iredell County, NC, for law enforcement technologies;
West Pikeland Township, PA, for law enforcement technologies;
Huron County, PA, for law enforcement technologies;
Center Township, PA, for law enforcement technologies;
Ross Township, PA, for law enforcement technologies;
Cities of Concord, Kannapolis, and Cabarrus County, NC, for law enforcement technologies;
City of Tempe, AZ, for interoperable communications for law enforcement;
Terre Haute, IN, for law enforcement technologies;
San Diego, CA, for law enforcement technologies;
Sevier County, TN, for interoperable communications for law enforcement;
Tangipahoa Parish, LA, for interoperable communications for law enforcement;
Town of Canton, CT, for law enforcement technologies;
City of New Britain, CT, for law enforcement technologies;
Town of Southbury, CT, for law enforcement technologies;
Rockland County, NY, for interoperable communications for law enforcement;
Osceola County, FL, for law enforcement technologies;
Seminole County, FL, for law enforcement technologies;
City of St. Cloud, MN, for interoperable communications for law enforcement;
Cape May County, NJ, for law enforcement technologies;
Cumberland County, NJ, for law enforcement technologies;
Calaveras County, CA, for law enforcement technologies;
Technology enhancements for law enforcement agencies in Northwest Illinois;
Putnam County, FL, for law enforcement technologies;
Shelby Township, Sterling Heights, and Utica, MI, for law enforcement technologies;
City of Chino, CA, for law enforcement technologies;
Escambia County, FL, for law enforcement technologies;
Larimer County, CO, for law enforcement technologies;
Shreveport, LA, Police Department for law enforcement technologies;
Palmdale, CA, for law enforcement technologies;
Spokane, WA, Police Department for law enforcement technologies;
Allegheny County, PA, for law enforcement technologies;
Penn Township, PA, for law enforcement technologies;
LaPorte County, IN, for law enforcement technologies;
South Bend, IN, for law enforcement technologies;
City of Livermore, CA, for interoperable communications for law enforcement;
San Joaquin County, CA, for interoperable communications for law enforcement;
City of Morgan Hill, CA, for law enforcement technologies;
Pierce County, WA, for law enforcement technologies;
Town of Windham, CT, for law enforcement technologies;
Will County, IL, for law enforcement technologies;
Lancaster County, PA, for law enforcement technologies;
City of York, PA, for law enforcement technologies;
City of Beaumont, TX, for law enforcement technologies;
Fresno, CA, for law enforcement technologies;
City of Rockford, AL, for law enforcement technologies;
City of Key West, FL, for law enforcement technologies;
Neosho County, KS, for law enforcement technologies;
Whitemarsh Township, PA, for law enforcement technologies;
Marion County, FL, for law enforcement technologies;
Town of Oyster Bay, NY, for law enforcement technologies;
Somerdale, NJ, Police Department for law enforcement equipment;
Colton, CA, Police Department radio interoperability project;
San Bernadino, CA, District Attorney for investigative upgrades;
Green County, WI, Sheriff's Department for computer upgrade;
Sun Prairie, WI, Police Department for an integrated records management system;
Athens-Clarke County, GA, Police Department for law enforcement equipment;
Richmond County, GA, Sheriff's Office for law enforcement equipment;
Barrington-Inverness, IL, Police Department for law enforcement communications;
Lake Zurich, IL, Police Department for equipment;
North Las Vegas, NV, Police Department for records management;
Baxter County, AR, for law enforcement interoperable communications;
Guam Police Department for equipment and continued development of technologies to improve forensics investigative capabilities;
McAlestar, OK, Police Department for law enforcement equipment;
Alleghany, Craig, and Henry Counties, VA, for law enforcement technology upgrades;
Lorain County, OH, Sheriff's Office for law enforcement equipment;
Baltimore County, MD, Police Department for law enforcement equipment upgrades;
Villa Julie College Forensic Studies;
City of Stockton, CA, for law enforcement equipment;
Stanislaus County and City of Modesto, CA, for law enforcement interoperable communications;
City of Indianapolis, IN, for law enforcement technology;
Woodford County, KY, for law enforcement equipment;
Government of Virgin Islands for law enforcement communications technology;
Claflin University Forensic DNA laboratory;
Trident Technical College Forensics DNA laboratory;
Ardmore, AL, Police Department for law enforcement equipment;
Decatur, AL, Police Department for law enforcement equipment;
Hartselle, AL, Police Department for law enforcement equipment;
Huntsville, AL, Police Department for law enforcement equipment;
Jackson County, AL, Sheriff's Office for law enforcement equipment;
Lauderdale County, AL, Sheriff's Office for law enforcement equipment;
Lawrence County, AL, Sheriff's Office for law enforcement equipment;
Madison County, AL, Sheriff's Office for law enforcement equipment;
Moulton, AL, Police Department for law enforcement equipment;
North Courtland, AL, Police Department for law enforcement equipment;
Rogersville, AL, Police Department for law enforcement equipment;
Saint Florian, AL, Police Department for law enforcement equipment;
Hillsborough, FL, for law enforcement training equipment;
Roane County, TN, for law enforcement communications;
San Diego, CA, Police Department for law enforcement equipment;
Tacoma, WA, Police Department for law enforcement equipment;
Washington Association of Sheriffs and Police Chiefs (WASPC) to implement `30 Day DNA Stranger Rape Program';
Downriver Community Conference for law enforcement equipment, MI;
Monroe County, MI, for law enforcement communications;
Pittsburgh, PA, for law enforcement equipment;
Grimes County, TX, Police Department for law enforcement equipment;
Waco City, TX, Police for law enforcement technology improvements;
Chicago, IL, Police Department Citizen and Law Enforcement Analysis & Reporting project;
Westchester County, NY, Criminal and Counter Terrorism Fusion Center;
San Mateo County, CA, forensics lab;
Cumberland County, NC, law enforcement communications
Wake County, NC, for law enforcement communications;
Litchfield, IL, Police Department for law enforcement equipment;
City of Memphis and Shelby County, TN, for law enforcement interoperable communications;
Houston, TX, for law enforcement training & equipment;
West Palm Beach, FL, Police Department for law enforcement technology;
Oglala Sioux criminal justice equipment;
Buffalo, NY, Police Department for law enforcement equipment;
Chautauqua County, NY, Sheriff's Office for law enforcement equipment;
Tompkins County, NY, for law enforcement communications equipment;
Cameron County, TX, for law enforcement communications;
Borough of Steelton, PA, Police Department for law enforcement equipment;
Saint Clair, PA, Police Department for law enforcement equipment;
Franklin Township, NJ, Police Department for law enforcement equipment;
Marlboro Township, NJ, Police Department;
Township of Old Bridge, NJ, for law enforcement communications;
Gladstone, OR, Police Department for law enforcement equipment;
Woodburn, OR, Police Department for law enforcement equipment;
Calvert County, MD, Sheriff's Office for law enforcement equipment;
Hyattsville, MD, for law enforcement communications;
Laurel, MD, for law enforcement communications;
Prince George's County, MD, for law enforcement equipment;
Homewood, IL, for law enforcement communications;
Matteson, IL, for law enforcement equipment;
South Suburban Mayors and Managers Association for law enforcement equipment, IL;
New Orleans, LA, Police for law enforcement equipment;
Dallas, TX, for law enforcement equipment;
Lucas County, OH, Sheriff's Department for law enforcement communications;
Toledo, OH, Sheriff's Department for law enforcement communications;
Middletown, RI, Police Department for law enforcement equipment;
Rhode Island State Police for law enforcement equipment;
Tiverton, RI, Police Department for law enforcement equipment;
Woonsocket, RI, Police Department for law enforcement equipment;
Flint, MI, Police Department for law enforcement equipment;
Narragansett, RI, Police Department for law enforcement interoperable communications;
Bellingham, WA, Police Department for law enforcement technology equipment;
Sultan, WA, Police Department for law enforcement equipment;
Southington, CT, Police Department for law enforcement communications;
Macomb County, MI, for law enforcement interoperable communications;
MI cities for law enforcement equipment;
Brookfield, IL, Police Department for law enforcement communications;
Westchester & Rockland County, NY, for law enforcement equipment;
Westchester & Rockland County, NY, for law enforcement communications equipment upgrades;
Lauren's County, GA, Sheriff's Office for law enforcement equipment;
Tifton, GA, Police Department for law enforcement equipment;
Turner County, GA, Sheriff Office for law enforcement technology;
Twiggs County, GA, Sheriff's Department for law enforcement equipment;
Wilkinson County, GA, Sheriff's Office law enforcement equipment;
City of South St. Paul, MN, Police Department for law enforcement communications;
Holden, MA, Police for law enforcement equipment;
Brunswick County, NC, for law enforcement communications;
Law enforcement equipment, NC;
North Carolina Forensic Science Education and Training Program;
Haverhill, MA, Police Department for law enforcement communications;
Middlesex Community College for Regional Technology Training Law Enforcement Collaborative;
Opa-Locka, FL, Police Department for law enforcement equipment;
Houma Police, LA, Police Department for law enforcement communications;
Lafourche, LA, Sheriff's Office for law enforcement equipment;
Solano County, CA, for law enforcement communications;
Cities of Wheeling, Morgantown, Parkersburg, Fairmont, Weirton, Moundsville, and Clarksburg, WV, for law enforcement technology;
Fayette, Greene, and Somerset Counties, PA, for law enforcement equipment;
Southwestern, PA, for law enforcement technologies;
St. Louis County, MN, for law enforcement communications;
Bayfield County, WI, for law enforcement technology and equipment;
Chippewa Valley, WI, for law enforcement technology and equipment;
Oneida County, WI, for law enforcement interoperable communications;
Franklin, MA, Regional Council of Governments for law enforcement communications;
Corpus Christi, TX, for law enforcement interoperable communications;
Passaic County, NJ, Sheriff's Office for law enforcement equipment;
Cities of Phoenix and Mesa, AZ, for law enforcement interoperable communications;
Cary, NC, Police Department for law enforcement equipment;
Durham, NC, Police Department and Durham County, NC, Sheriff's office for law enforcement equipment;
Raleigh, NC, for law enforcement interoperable communications;
Wake County, NC, for law enforcement communications;
ATI for law enforcement equipment;
Cabell County, WV, for law enforcement interoperable communications;
El Paso, TX, Police Department for law enforcement equipment;
Fort Lee, NJ, for law enforcement communications;
Saddle Brook, NJ, Police Department for law enforcement interoperable communications;
Los Angeles, CA, Central City for law enforcement equipment;
Anoka County, MN, Criminal Justice Integration Hub;
Hennepin County, MN, Sheriff's Office for law enforcement equipment;
Minneapolis, MN, Police Department for law enforcement equipment;
Garden Grove, CA, Police Department for law enforcement equipment;
Abington Township, PA, Police Department for law enforcement equipment;
Whitemarsh Township, PA, Police Department for law enforcement technologies;
Kenmore, NY, Police Department for law enforcement equipment;
Lewiston, NY, Police Department for law enforcement communications;
Monroe County, NY, for law enforcement equipment;
Auburn, WA, for law enforcement communications;
Monterey Park, CA, for law enforcement interoperable communications;
City of York, SC, for law enforcement technology;
Rock Hill, SC, Police Department for law enforcement communications;
Hayward, CA, for law enforcement equipment;
CCE Central Dispatch Authority for law enforcement communications, MI;
Michigan State Police for law enforcement equipment;
Fairfield, CA, for law enforcement equipment;
Essex County, MA, Sheriff's Office for law enforcement communications;
Gaithersburg, MD, for law enforcement equipment;
Lake County, IN, Sheriff's Department for interoperable communications;
North Lake County, IN, for law enforcement equipment;
Gardena, CA, for law enforcement equipment;
Burbank, Culver City, Glendale, Montebello, and Torrance, CA, for law enforcement communications;
Saginaw, MI, for law enforcement equipment;
Prince George's County, MD, Police Department for law enforcement equipment; and
Frio County, TX, Sheriff for law enforcement communication equipment.
Bulletproof Vests.--The Committee recommendation includes $20,000,000 for continuation of the Bulletproof Vest program to assist State and local law enforcement in purchasing bullet and stab resistant vests. The Committee recommendation is $10,180,000 above the request to support this critical safety measure for the Nation's law enforcement officers.
Criminal History Record Upgrades.--The Committee recommendation includes $4,873,000 for the Criminal Records Upgrade program. The goal of this program is to ensure that accurate records are available for use in law enforcement and to permit States to identify ineligible firearm purchasers, persons ineligible to hold positions involving children, the elderly, or the disabled, and persons subject to protective orders or wanted, arrested, or convicted of stalking and/or domestic violence. This program helps States build their infrastructure to connect to national record check systems both to supply information and to conduct the requisite checks.
DNA Initiative.--The Committee recommendation is $175,568,000 for a DNA and forensics initiative, $68,423,000 above the current year level and the same as the request.
The recommendation fully funds the next investment to eliminate the DNA backlog in five years. The Committee recognizes that DNA technology will allow law enforcement to identify certain criminals quickly and accurately, solve additional crimes, especially violent crimes such as murder and rape, and identify persons mistakenly accused or convicted of crimes. Funds are available for the following activities: (1) reduce the backlog of DNA samples; (2) increase State and local lab capacity; (3) conduct research, development, demonstrations, and evaluations; (4) provide training and technical assistance; (5) identify missing persons and unidentified remains; and (6) test DNA after convictions. The Committee understands there is a critical need for advanced crime scene investigation training and education for local law enforcement personnel, and expects support to be given to forensic science crime scene investigation for State and local law enforcement, including funds for training, education, and technical assistance.
Project Safe Neighborhoods/Anti-Gang Initiative.--The Committee recommends $54,808,000 to combat violent crime through Project Safe Neighborhoods with a focused effort on areas plagued by gangs. Of the amount provided, $40,000,000 shall be for areas of the country experiencing high gang activity. The Committee appreciates and supports the Attorney General's efforts to strengthen Department-wide efforts to combat gang violence and the appointment of an Assistant U.S. Attorney in each judicial district as an anti-gang coordinator to prepare a comprehensive, district-wide strategy--in consultation with partners from Federal and local law enforcement, social services providers, and community and faith-based groups--to coordinate anti-gang activity. The recommendation includes $40,000,000 for grants to implement these strategies. The Committee directs that the remaining $14,808,000 provided for Project Safe Neighborhoods will be focused on the U.S. cities experiencing a high rate of violent and drug trafficking crime involving firearms.
Offender Re-entry.--The Committee recommends $4,936,000 for the law enforcement costs related to establishing offender re-entry programs, which is the same as the enacted level. Offender re-entry programs establish partnerships among institutional corrections, community corrections, faith-based organizations, social services programs, community policing groups, and civic leaders to prepare for the successful return of inmates to their home neighborhoods. The Committee expects that OJP will continue working in collaboration with the Departments of Labor, Health and Human Services, Housing and Urban Development, and Education in the execution of this program.
JUVENILE JUSTICE PROGRAMS
The Committee recommendation provides a total of $280,739,000 for Juvenile Justice Programs for fiscal year 2007. The budget request proposes to fund juvenile justice programs under the Justice Assistance account. The Committee recommendation is $57,622,000 below the current year and $92,138,000 above the request for similar juvenile justice programs. The table below displays the Committee's recommendation compared to the levels requested under the Justice Assistance heading for the same programs.
[In thousands of dollars]
---------------------------------------------------------------------------------------------
Program FY 2006 enacted 2007 Request 1 FY 2007 recommendation
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Part A--Management and Administration 703 706 706
Part B--State Formula 78,978 93,187 75,000
Part C--Block Grants 33,452
Part D--Research and Development 10,034
Part E--Demonstration Projects 104,674 6,547 59,872
Title V--Incentive Grants 64,171 32,004 65,000
Juvenile Mentoring 9,872
Secure Our Schools Act 14,808 14,808
Victims of Child Abuse Programs 14,808 11,679 15,000
Juvenile Accountability Block Grant 49,361 49,361
Project Childsafe 987 992 992
Total 338,361 280,739
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Within the overall amounts recommended under Part E--Demonstration Projects, OJP is directed to review the following proposals, provide a grant if warranted, and submit a report to the Committee on its intentions regarding:
ChildSave;
Learning for Life;
Virginia Attorney General's Office for Class Action and other educational programs in Virginia Schools;
National Character Education Foundation;
World Vision;
Eisenhower Foundation;
Big Brothers/Big Sisters;
Self-Reliance Foundation for an anti-gang program for at-risk youth;
Law-Related Education;
Virginia Child Advocacy Center, Rocky Mount, VA;
Uhlich Children's Advantage Network;
Girls and Boys Town USA;
Pace Center for Girls, FL;
I Have a Dream Foundation, 12th District of TX;
A Child is Missing, 12th District of TX;
Wingspan Eon Youth Program, AZ;
Bethesda Home for Boys, GA;
Oakland County, MI, for juvenile delinquency prevention programs;
Brooklawn Child and Family Services, KY;
Maryhurst, KY;
Father Maloney's Boys Havens, KY;
Buckhorn Children and Family Services, KY;
ACA-NY for an anti-drinking campaign;
Beaver Springs, PA, for an at-risk youth program;
Northumberland County, PA, Children and Youth;
Youthville Adoption and Trauma Resource Center, KS;
Florida Venture Foundation Youthbuild Outreach;
Douglas County, GA, at-risk youth programs;
Kids Hope United, FL;
Lighthouse Program, CT;
Team Focus, Mobile, AL;
City of Indio, CA, for a juvenile delinquency prevention program;
An Achievable Dream in Newport News, VA;
ENS Foundation, VA;
At-risk youth program in Annandale, VA;
Programs for at-risk youth in Fairfax County, VA;
Child Abuse Center in Norfolk, VA;
Pottstown, PA, Police Athletic League;
Girls, Inc.;
ACA-NY for an anti-gang initiative;
The Marcus Institute in Atlanta, GA;
Southwest Keys Program, TX;
Youth Pre-Apprenticeship Program of Ohio;
City of Las Vegas, NV, for a youth initiative;
Mystic, CT, for an at-risk youth program;
City Parks of New York for at-risk youth programs;
OHEL for an at-risk youth and child abuse prevention programs, NJ;
McDuffie County, GA, for an at-risk youth program;
Minnesota Teen Challenge for at-risk youth programs;
Check 'Em Out, NJ;
Youth Helpline, NJ, for at-risk youth;
The College of New Jersey for at-risk youth initiatives;
Boysville, Inc., San Antonio, TX;
Family and Child Services of Tulsa for at-risk youth;
Youth skills initiative in Dayton, OH;
EXCEL Program, GA, for at-risk youth;
Anchorage, AK, for an at-risk youth program;
Laurinburg, NC, for an at-risk youth program;
Syracuse, NY, for gang prevention activities;
Interventions for Juvenile Offenders in New York City and Nassau County, NY;
Civic Justice Corps Project for at-risk youth, NJ;
Delaware Valley Ready4Work juvenile re-entry program;
City of Fontana, CA, for at-risk youth;
Rialto, CA, Police Activities League;
San Bernardino, CA, District Attorney Community Prosecutor Program to reduce youth violence;
AAFAAC for at-risk youth, CA;
South Los Angeles, CA, for at-risk youth;
WII for at-risk teenagers in Los Angeles, CA;
Las Vegas, NV, Anti-Gang Youth Initiative;
Youth Entrepreneurial Training (YET) Program for at-risk youth in CA;
Albany, GA, Communities in Schools program for at-risk youth;
Americus, GA, LEAP/Communities in Schools program for at-risk youth;
Dougherty County, GA, Child Felony Program;
Family Center of Columbus, GA, for at-risk youth;
Quitman County, GA, Family Connection Project for at-risk youth;
Rainbow program for at-risk youth, GA;
Terrell County, GA, Family Connection program for at-risk youth;
Thomasville, GA, Cultural Center program for at-risk children;
Creative Visions for at-risk youth in Polk County, IA;
Iowa Governor's Office of Drug Control Policy (ODCP) for Drug Endangered Children Teams;
Juvenile Justice Education Program Model Study, FL;
Orange County, FL, for law enforcement equipment/for at-risk youth;
Akron, OH, program for at-risk youth;
Boston Youth and Gang Strategic Crime Initiative;
RFB&D New England program for at-risk and incarcerated youth;
Baltimore City, MD, for programs to prevent youth violence;
A Better Way for at-risk youth, SC;
Columbia, SC, Urban League for at-risk youth;
Service Over Self for at-risk youth, SC;
South Sumter, SC, Resource Center for at-risk youth;
Team Focus for at-risk youth, SC;
Wayne County, MI, for the Truancy Reduction Initiative;
AL program for child victims of physical and sexual abuse;
Child Abuse Program at National Children's Advocacy Center;
AL Girls Inc. for at-risk youth programs;
Baltimore, MD, TWIGS (To Work in Gaining Skills) Program for at-risk children;
Alabama Juvenile Delinquency Prevention Initiative;
Sankofa Safe Child Initiative for at-risk youth, IL;
Tampa, FL, for delinquency prevention program for at-risk youth;
Children's Initiative to target first-time juvenile, non-violent offenders, CA;
Denver, CO, Road Home Program for at-risk youth;
Mashpee Wampanoag Youth Program for at-risk youth, MA;
AMISTAD program for at-risk youth, CT;
Public Allies program for at-risk youth, CT;
Washington State program for at-risk youth;
Gwen's Girls program for at-risk youth, PA;
Texas A&M University youth re-entry program;
Chicago, IL, ASM Program for at-risk youth;
Butler Child Advocacy Center;
Decatur, IL, mentoring program for at-risk youth;
Martin Luther King Center for youth mentoring for at-risk youth, IL;
Monterey County, CA, Street Violence and Anti-Gang Project;
Philadelphia, PA, CORE for at-risk youth;
San Antonio, TX, initiative for at-risk girls;
Alief Drug Free program, TX;
Newburgh, NY, Youth Violence and Gang Prevention Program;
Dauphin County, PA, program for at-risk youth;
New Jersey Educational Opportunity Fund Most At-Risk Student program;
San Jose, CA, BEST Program for at-risk youth;
Family Service League of Suffolk County, NY, to address problems related to at-risk youth;
Big Brothers of Rhode Island programs for at-risk youth;
Cityyear, RI, programs for at-risk youth;
Kidspeace, RI, programs for at-risk youth;
Providence, RI, Juvenile Justice Program;
United Way of Rhode Island programs for at-risk youth;
Citizen and Youth Police Academies, MI;
WI Stepping Stones Child Advocacy Center;
The Mentoring Center program for young parolees, CA;
GA Girls, Inc. programs for at-risk youth;
GA Realizing the Dream project to mentor at-risk youth;
San Jose, CA, for Youthful Offenders program;
AMB educational programs for at-risk youth, NY;
NY Young Women's program for at-risk youth;
RTC NY for at-risk youth;
Sandy City, UT, Police Department for at-risk youth programs;
Sacramento, CA, Police Department Gang Intervention and Prevention Program;
5 Towns Community Center for At-Risk Youth Development and Education Project, NY;
Eastern Baptist Association for at-risk youth development initiative;
Hagedorn Family Resource Center for prevention programs for at-risk children;
Freeport Pride/Nassau County, NY, Probation Department, Family Division;
Gateway, NY, at-risk youth outreach;
Albany, NY, Police Athletic League;
Albany, NY, Teen Challenge for at-risk youth drug prevention outreach;
Office of the Queens County, NY, District Attorney Youth Violence Intervention and Prevention Initiative;
South Queens, NY, for at-risk youth;
Shields for Families for at-risk youth, CA;
Children's Home of Wheeling, WV, for at risk youth program;
Harmony House of Wheeling, WV, for at risk youth programs;
Kaleidoscope Community Learning Center for at risk youth programs;
The Shack Neighborhood House for at risk youth programs;
Vision Appalachia for at risk youth program;
Wheeling, WV, Florence Crittendon program for at risk youth;
Rosalie Manor Community & Family Services mentoring program for at-risk youth, WI;
At-risk youth programs in Alexandria, VA;
Arlington, VA, Brigade programs for at-risk youth;
Fairfax Partnership for at-risk youth, VA;
Liberty's Promise services for at-risk youth, VA;
Challenge Program for at-risk high school students, PA;
Pomona Parents in Action Project for gang prevention program, CA;
Phoenix House, MA, program for at-risk youth;
One-on-One Connecting Cops & Kids, DC;
Fitchburg, MA, Police Department for at-risk youth program;
Franklin Community Action programs for at-risk youth, MA;
Franklin, MA, Community Coalition for Teens for at-risk youth program;
Gladys Allen Brigham Community Center programs to reduce youth violence, MA;
Holyoke, MA, at-risk youth program;
Adjudicated Youth Program at Texas A&M Corpus Christi;
Southwest Key Program for at-risk youth, TX;
College for Teens program for at-risk youth, NJ;
AZ Operation Quality Time program for at-risk youth;
Project Avary for at-risk youth, CA;
San Francisco, CA, District Attorney's office for programs to reduce youth violence;
Sheriff's Youth Programs of Minnesota;
ND I-SAFE program;
Alianza Dominicana program for at-risk youth, NY;
Armory Foundation programs for at-risk youth, NY;
NY I Have A Dream Foundation program for at-risk youth;
Police Athletic League of New Jersey;
Eastlake, CA, Juvenile Law and Policy Center;
LA Court Appointed Special Advocates (CASA);
Beloved Community Family Services for youth ex-offenders or at-risk youth programs, IL;
MN Folwell Neighborhood Association for at-risk youth programs;
Willowbrook, CA, Youth Safety Program focusing on gang and violence prevention;
Phoenix Academy of Orange County, CA for at-risk youth;
City of Barre, VT, for at-risk youth programs;
Rural VT at-risk youth crime prevention programs;
Vermont Coalition of Teen Centers for at-risk youth programs;
Vermont Development Center for at-risk youth crime prevention programs;
Vermont youth crime prevention programs;
IL Restorative Justice program for at-risk youth;
Asian Youth Center of San Gabriel, CA, at-risk youth program;
PMI education program for youth referred by juvenile domestic courts;
Richmond, VA, at-risk youth programs;
Southeastern Tidewater Opportunity Project for at-risk youth, VA;
Abraham House programs for at-risk youth, NY;
Latino Pastoral Action Center programs for at-risk and high-risk youth, NY;
Mary Mitchell Family and Youth Center for at-risk youth, NY;
Mount Hope Project READY for at-risk youth, NY;
Point Community Development Center programs for at-risk youth, NY;
S & B united anti-gang and anti-drug program, NY;
SF Inc., NY, anti-drug programs;
South Bronx, NY, Community Center programs for at-risk youth;
Youth Ministries for Justice programs for at-risk youth, NY;
Friends of Child Advocates of Los Angeles County, CA;
Project Amiga in South El Monte, CA, for juvenile offenders program;
Alameda County, CA, Child Protective Services;
Bedford-Stuyvesant, NY, Teen Development program for at-risk youth;
NY Technology Service Corps program for at-risk youth;
Cleveland, OH, Eastside Ecumenical Consortium for at-risk youth program;
Cleveland, OH, learning program for at-risk youth;
Northeast Conference for Community and Justice Youth Diversity Program for at-risk youth, OH;
Brooklyn, NY, Council program for at-risk youth;
Brooklyn, NY/Red Hook Rise Police Athletic League;
North Brooklyn, NY, Creative Development Center programs for at-risk youth;
Edgewater Systems, IN, at-risk youth programs;
Santa Monica, CA, programs for at-risk youth;
NY Homes With a Heart program for at-risk youth;
Town of Warwick, RI, at-risk youth program;
Baltimore, MD, at-risk youth program;
Bronx, NY, training program for at-risk youth;
Gaithersburg, MD, Youth Center at-risk youth initiative;
South Bronx, NY, at-risk youth programs;
VIVA Initiative for at-risk youth, FL and NM;
PA program for at-risk youth;
Queens, NY, at-risk youth programs; and
Pelham Parkway ARISE at-risk youth program, NY.
Gang Prevention.--Within the level provided under Title V grants, the Committee includes $20,000,000, as authorized by Public Law 109-162, for OJP to administer a gang resistance and education program, known as GREAT. The GREAT program is a school-based, law enforcement officer-instructed classroom curriculum. The program's primary objective is prevention and is intended as an immunization against delinquency, youth violence, and gang membership. The Committee supports the work of this program as part of an integrated anti-gang strategy of prevention, enforcement, and interdiction.
Enforcing Underage Drinking Laws.--In order to address the problem of alcohol abuse by minors and the accessibility of alcohol to minors, the Committee recommends $25,000,000 within the recommended level for Title V grants to assist States to develop comprehensive and coordinated initiatives to enforce State laws that prohibit the sale or consumption of alcoholic beverages to minors. This amount is $334,000 above the enacted level and $25,000,000 above the request.
Secure Our Schools Act.--The recommendation includes $14,808,000 for expenses authorized by the Secure Our Schools Act (Public Law 106-386), such as metal detectors, locks, lighting and other deterrent measures; security assessments; security training of personnel and students; and coordination with local law enforcement. The recommendation is the same as the current year level.
Victims of Child Abuse Act.--The Committee recommends a total of $15,000,000 for the various programs authorized under the Victims of Child Abuse Act (VOCA), which is $192,000 above the enacted level and $3,321,000 above the request. The Committee expects OJP to allocate the funds as described in the statement of managers accompanying the Department of Justice Appropriations Act, 2006.
Juvenile Accountability Block Grants.--The recommendation provides $49,361,000 for the Juvenile Accountability Block Grants program, which is $49,361,000 above the request and the same as the current year level. The funds provided in this program are available for the following purposes:
- (1) Developing, implementing, and administering graduated sanctions for juvenile offenders;
- (2) Building, expanding, renovating, or operating temporary or permanent juvenile correction, detention, or community corrections facilities;
- (3) Hiring juvenile court judges, probation officers, and court-appointed defenders and special advocates, and funding pretrial services (including mental health screening and assessment) for juvenile offenders, to promote the effective and expeditious administration of the juvenile justice system;
- (4) Hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and case backlogs reduced;
- (5) Providing funding to enable prosecutors to address drug, gang, and youth violence problems more effectively and for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders;
- (6) Establishing and maintaining training programs for law enforcement and other court personnel with respect to preventing and controlling juvenile crime;
- (7) Establishing juvenile gun courts for the prosecution and adjudication of juvenile firearms offenders;
- (8) Establishing drug court programs for juvenile offenders that provide continuing judicial supervision over juvenile offenders with substance abuse problems and the integrated administration of other sanctions and services for such offenders;
- (9) Establishing and maintaining a system of juvenile records designed to promote public safety;
- (10) Establishing and maintaining interagency information-sharing programs that enable the juvenile and criminal justice systems, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit serious delinquent or criminal acts;
- (11) Establishing and maintaining accountability-based programs designed to reduce recidivism among juveniles who are referred by law enforcement personnel or agencies;
- (12) Establishing and maintaining programs to conduct risk and need assessments of juvenile offenders that facilitate the effective early intervention and the provision of comprehensive services, including mental health screening and treatment and substance abuse testing and treatment to such offenders;
- (13) Establishing and maintaining accountability-based programs that are designed to enhance school safety;
- (14) Establishing and maintaining restorative justice programs;
- (15) Establishing and maintaining programs to enable juvenile courts and juvenile probation officers to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism; or
- (16) Hiring detention and corrections personnel, and establishing and maintaining training programs for such personnel to improve facility practices and programming.
Media violence.--The Committee remains concerned about violent media and its effects on children and thanks the Department of Justice for its efforts to publicize potential harmful effects on children of media violence.
PUBLIC SAFETY OFFICERS BENEFITS
The Committee recommendation provides a total of $73,828,000 for the Public Safety Officers Benefits program, the amount requested for these programs. The budget proposed to consolidate these programs under the Justice Assistance heading. The recommendation includes $65,000,000, which is the Congressional Budget Office's estimate for death benefits to eligible survivors of Federal, State, and local public safety officers whose death was the direct and proximate result of traumatic injury sustained in the line of duty. This program is considered mandatory for scorekeeping purposes.
The recommendation also includes $4,007,000 for the Public Safety Officers Educational Assistance Program and $4,821,000 for disability benefits for fiscal year 2007.
The Committee expects the Department of Justice to work swiftly toward full implementation of the Hometown Heroes Survivors Benefits Act.
GENERAL PROVISIONS--DEPARTMENT OF JUSTICE
The Committee has included the following general provisions for the Department of Justice in this bill:
Section 101 continues language, making up to $60,000 of the funds appropriated to the Department of Justice available to the Attorney General for reception and representation expenses, as requested.
Section 102 provides language, included in previous Appropriations Acts, prohibiting the use of funds to perform abortions in the Federal Prison System.
Section 103 provides language, included in previous Appropriations Acts, prohibiting the use of the funds in this bill to require any person to perform, or facilitate the performance of, an abortion.
Section 104 provides language, included in previous Appropriations Acts, stating that nothing in the previous section removes the obligation of the Director of the Bureau of Prisons to provide escort services to female inmates who seek to obtain abortions outside a Federal facility.
Section 105 provides requested language, modified from the previous year, allowing the Department of Justice, subject to the Committee's reprogramming procedures, to transfer up to 5 percent between any appropriation, but limits to 10 percent the amount that can be transferred into any one appropriation.
Section 106 provides for the extension of the Personnel Management Demonstration Project for certain positions of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as requested.
Section 107 continues language prohibiting funds from being used to transport prisoners classified as a maximum or high security prisoner to a facility other than a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.
Section 108 continues language concerning the prohibition of certain prisoner amenities.
Section 109 provides language regarding the application of reprogramming procedures for e-government initiatives.
Section 110 provides new language prohibiting the use of funds for SENTINEL or other major new or enhanced information technology programs unless the Deputy Attorney General and the Department IT Investment Review Board certify to the Committees on Appropriations that the information technology program has appropriate contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
The Committee recommendation includes a total of $5,963,786,000 in general purpose discretionary funds for the programs of the United States Trade Representative, the International Trade Commission and the Department of Commerce for fiscal year 2007, $619,184,000 below the current year level including supplemental appropriations, and $323,733,000 below the request.
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
The Committee recommendation includes $46,207,000 for the Office of the United States Trade Representative (USTR) for fiscal year 2007, which is $2,000,000 above the current year and $4,010,000 above the request.
The Committee is concerned that the United States trade deficit with other nations continues to rise. In 2005, the United States imported $202 billion more in goods and services from the People's Republic of China (PRC) than the PRC imported in goods and services from the United States, an increase of 18 percent from the current year. The Committee urges the USTR to take action to ensure countries, including the PRC, are fulfilling their commitments to the World Trade Organization (WTO), including the safeguards delineated under the Trade Act of 1974 to address the disruptions resulting from unbalanced trade with the PRC. Language is included designating $2,000,000 for negotiating, monitoring, and enforcing trade agreements with the PRC, as requested.
The Committee directs the US Trade Representative Office to submit a report by June 30, 2007 outlining the planned USTR's presence in China to meet the growing needs of U.S. companies doing business in China.
Language is included requiring that all negotiations conducted within the World Trade Organization are consistent with the negotiating objectives contained in the Trade Act of 2002.
Inadequate Budget Requests- The Committee notes that the budget requests for the last five fiscal years have been insufficient to meet the operational requirements of the Office. Given the expansive trade agenda of the United States, the Committee recommendation provides an additional $4,010,000 or 9.5 percent over the request, and 4.5 percent over the current year to maintain current operations of the Office and to pay for the increased costs of ongoing and future trade negotiations and expanded enforcement efforts. The Committee expects the Administration to ensure resources requested in the fiscal year 2008 request are sufficient to cover the necessary operations of the USTR.
Intellectual Property Rights (IPR)- Pirating and counterfeiting has grown to an estimated $200 billion a year problem and the theft of artistic and scientific creation is draining our economy. The Committee commends the USTR's efforts to conduct a comprehensive review of U.S.-China Trade Relations in its `Entering A New Phase of Greater Accountability and Enforcement' report dated February 2006. The Committee's recommendation supports many of the key action items outlined in the report, including expansion of USTR enforcement capability, expanding USTR capability to obtain and apply information on the PRC's trade regime, and expansion of trade policy and negotiating capacity in Beijing, China. The recommended resource level will also allow for increased coordination with other trading partners, increase focus on regulatory reform in the PRC, and strengthen U.S. Government interagency coordination. Specifically, the Committee has included $900,000 for the National Intellectual Property Law Enforcement Coordination Council under the Department of Commerce heading, and necessary funds for USTR to establish an IPR enforcement position in Beijing, China. In addition, under Title I of this Act, a program increase of $2,218,000 is included for IP investigations and prosecutions by the Justice Department.
Although modest steps have been made to harness U.S. Government resources to tackle the problem of IPR piracy by our trading partners, the United States has not yet taken an intellectual property rights enforcement case to the WTO against its trading partners to stem the hemorrhaging of U.S. intellectual property. The Committee expects the USTR to use all necessary menas to enforce IPR agreements.
Despite the Committee's inclusion of bill language establishing a position of Chief Negotiator for Intellectual Property Enforcement in prior years, the position remains vacant. The Committee expects the USTR to fill this immediately.
Textiles- The Committee is aware of concerns about the World Trade Organization negotiations concerning textiles and apparel. The Committee believes such negotiations should be consistent with negotiating objectives contained in the Trade Act of 2002 and directs the USTR to report to the Committee within 60 days of enactment of this Act, regarding adherence to these objectives. Bill language is included regarding this matter.
Reporting Requirements- The Committee continues its direction to the USTR to provide a report to the Committee detailing spending plans for all funding provided under this heading. This report should display personnel costs, travel expenses and overhead costs for the Washington, D.C., operation, overhead costs associated with USTR presence in Geneva, Switzerland, and the costs associated with ensuring greater transparency including the timely publication of reports and trade agreements. Further, this report should identify costs associated with each programmatic office as outlined in the 2005 organizational chart. This report and spending plan should be provided to the Committee no later than 90 days after the enactment of this Act. Further, the Committee expects this plan to be updated to reflect the obligation of funds on a monthly basis, beginning with the second quarter of fiscal year 2007 and presented to the Committee on a monthly basis. The Committee reminds the USTR of the requirements, including reorganizations, as set forth under section 605 of this Act.
It has been brought to the Committee's attention that the USTR may fare better in bringing trade dispute cases to the WTO by using additional support from private counsel. In-house expertise in long-term, complex WTO dispute cases is difficult to maintain in an ever-changing international trade climate. Outside counsel in countries such as China, Russia, and Brazil could assist with clarification of local laws and regulations, enforcement policies and practices, and market conditions. The Committee USTR is directed to report back to the Committee on the desirability of such a new authority.
International Standards- The Committee directs the USTR to ensure that U.S. business interests are fully represented in international standards negotiations. The Committee directs the USTR to collaborate with the Department of Commerce, including the National Institute of Standards and Technology, and the State Department to reduce trade barriers to U.S. exports. The Committee continues its direction to the USTR to ensure U.S. standards are adopted in international negotiations.
The Office of the U.S. Trade Representative (USTR) is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and overseeing negotiations on these topics with other countries. The head of USTR is the U.S. Trade Representative, a Cabinet member who serves as the President's principal trade advisor, negotiator, and spokesperson on trade issues.
USTR is part of the Executive Office of the President. Through an interagency structure, USTR coordinates trade policy, resolves disagreements, and frames issues for presidential decision. USTR also serves as vice chairman of the Overseas Private Investment Corporation, is a non-voting member of the Export-Import Bank, and a member of the National Advisory Council on International Monetary and Financial Policies.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
The Committee recommends $62,575,000 for the International Trade Commission (ITC) for fiscal year 2007, which is $625,000 above the amount provided in the current year and $1,625,000 below the request.
The Committee directs the Commission to provide a spending plan for all funding provided under this heading. Further, the Committee expects this plan to be updated to reflect the obligation of funds on a monthly basis, beginning with the second quarter of fiscal year 2007. The Committee reminds the Commission of the requirements set forth under section 605 of this Act.
The International Trade Commission is an independent, quasi-judicial agency responsible for conducting trade-related investigations; providing the Congress and the President with independent, expert technical advice to assist in the development and implementation of U.S. international trade policy; responding to the Congress and the President on various matters affecting international trade; maintaining the Harmonized Commodity Description and Coding System of internationally accepted product nomenclature; providing technical assistance to eligible small businesses seeking remedies and benefits under the trade laws; and performing other specific statutory responsibilities ranging from research and analysis to quasi-judicial functions on trade-related matters.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
The Committee recommendation includes $424,782,000 in total resources for the programs of the International Trade Administration (ITA) for fiscal year 2007, which is $23,054,000 above the current year level and $3,000,000 above the request. Of the amounts provided, $13,000,000 is to be derived from fee collections.
The Committee understands the difficulties of attempting to balance both the positive and the negative effects of a free trade agenda. The Committee is steadfast in its support of America's trade policy to create growth and raise living standards around the globe, and in return to increase the benefits to U.S. workers, farmers, consumers, and businesses. The Committee is determined to ensure that the U.S. Government upholds its responsibility to enforce trade laws, particularly with China. If trading partners do not abide by the rules that are set in the global trading system, then U.S. firms are not competing on a level playing field. The ITA plays a critical role in creating economic opportunity for U.S. workers and firms by promoting international trade, opening foreign markets, ensuring compliance with trade laws and agreements, and supporting U.S. commercial interests at home and abroad. The United States government has an obligation to ensure that American companies are not forced to compete with foreign companies that are engaged in unfair trading practices.
In light of the vital role ITA has in balancing the U.S. trade agenda, the Committee believes the fiscal year 2007 request is insufficient to fund overseas ongoing operations. The U.S. has a historically high trade deficit with our trading partners, yet the current budget proposal would necessitate the closure of overseas offices that serve U.S. small- and medium-sized companies in their efforts to compete in a global environment. The requested budget level requires the absorption of $12,300,000 for adjustments to base including exchange rate losses and other inflationary pay costs. The Committee has provided an additional $3,000,000 above the request to cover the costs of ongoing operations in overseas field offices. In addition, the recommendation does not include an additional $2,000,000 for increased exports of environmental technologies. The Committee believes that offsetting the impact to overseas offices is a higher priority for fiscal year 2007. Further, the recommendation includes $10,952,000 for the Capital Cost Sharing program.
In the 2004 Appropriations Act, the Committee worked with the International Trade Administration to reorganize the agency to better respond to U.S. industry concerns. Prior to this reorganization, the agency had not reorganized in more than 20 years, when the U.S. trade deficit was nominal. The Committee took this action after receiving numerous complaints from small- and medium-sized manufacturers and growers alleging that ITA actions, particularly with regard to the People's Republic of China (PRC), have been detrimental to American business interests. Nearly two years later, the Committee remains skeptical that the budget presentation captures the reorganization the Committee instructed the agency to undertake. Therefore, the Committee directs the Department of Commerce to conduct a comprehensive base review of the International Trade Administration's budget and report to the Committee no later than December 15, 2006, with a budget structure that reflects the current operations of the ITA.
Import Administration- The Committee recommendation includes $61,367,000 for the Import Administration (IA).
The Committee expects the IA to move expeditiously to publish an enforcement policy on duty drawback and is directed to provide a report on the status of the policy, including the number and nature of the public comments received in response to the Federal Register notice. In the interim, the Committee reiterates language in the statement of the managers accompanying the FY 2006 Appropriations Act that the Department is expected to ensure that vigorous enforcement of the dumping law at least at the same level as our trading partners' is implemented.
The Committee urges the IA to implement proactive trade enforcement activities, including textile safeguard actions with respect to China's World Trade Organization Accession Agreement, bilateral quotas on non-WTO members, and textile provisions of the U.S. preferential programs and agreements.
Office of China Compliance- In the FY 2004 Appropriations Act, the Committee included language requiring the ITA to create an Office of China Compliance to specifically focus on issues affecting small- and medium-sized businesses. The Committee includes language designating $3,000,000 for this Office. The Committee reminds the Department that this Office was created to specialize in anti-dumping (AD) cases involving China, with special attention on small- and medium-sized domestic businesses. The Committee understands that only fifteen percent of the analysts in this office have Chinese language skills. The Committee continues its direction that the Office should consist of experienced investigators, accountants, trade analysts, and technical experts to aggressively investigate AD cases. The Committee expects to be notified of any impediments to hiring or retaining this expertise.
The Committee directs the Department to report to the Committee, no later than September 25, 2006, the number of new IA investigations for 2005 and planned for 2006.
Policy and Negotiations- The Committee continues its direction to the IA to analyze market trends in order to anticipate unfair trade practices and consult with foreign governments to pre-empt the requirement for an unfair trade case, whenever practicable. The Committee understands that to date the IA has yet to perform such a trend analysis. Further, the Committee continues its direction to the ITA to self-initiate investigations, and report back to the Committee no later than September 25, 2006, on the number and descriptions of cases the Department has self-initiated.
Tracking of Inquiries from Small- and Medium-sized Companies- The Committee directs the Department to track all inquiries the Department has received from small- and medium-sized businesses seeking assistance with enforcement of the AD laws against imports, including imports from China and India, and the resulting actions by the Department on such inquiries. The Committee expects the Department to report back to the Committee no later than September 25, 2006, on the Department's efforts.
Office of Textiles- The Committee recommendation includes $4,451,000 for the Office of Textiles, as requested.
Market Access and Compliance- The Committee recommendation includes $40,806,000 for this purpose. The Committee continues to support the efforts of the ITA to aggressively enforce trade agreements.
Executive Direction/Administration.--The Committee recommendation includes $25,490,000 for the administrative and policy functions of ITA.
In addition, language is included in the bill designating the amounts available for each unit within ITA. In addition, ITA is directed to submit to the Committee, not later than 60 days after the enactment of this Act, a spending plan for all ITA units that incorporates any carryover balances from prior fiscal years. Further, beginning with the second quarter, the Committee expects this plan to be updated to reflect the obligation of funds on a monthly basis.
United States and Foreign Commercial Service (US&FCS)- The Committee recommendation includes $249,791,000 for the United States and Foreign Commercial Service. The recommendation includes $10,952,000 for the capital cost sharing program, as requested. The Committee recommendation has included an increase of $3,000,000 above the amount requested in the budget to cover adjustments to base for the overseas presence, including exchange rate losses, domestic and international price and pay increases. The Committee is disappointed that such costs were proposed to be absorbed by the U.S. and Foreign Commercial Service during a time of historic trade deficits. The Committee expects the Department to work aggressively to fulfill its mission to `place primary emphasis on the promotion of goods and services from the United States, particularly small- and medium-sized enterprises, and on the protection of U.S. business interests abroad.'
The Committee supports the Department's efforts to examine overseas and domestic staffing to address changes in the global marketplace and has provided sufficient resources to maintain the existing number of overseas offices. The Committee would entertain changes to the existing field office structure but reminds the Department that any such changes are subject to section 605 of this Act.
Right-Sizing the Overseas Presence- The Committee directs the ITA to provide a detailed report to the Committee on the right-sizing methodology followed to determine the appropriate size and location of the Bureau's overseas presence anticipated for the next five to ten years. The Committee expects priority regions of assistance to include in the most productive markets for our U.S. companies. The Committee expects this plan to be submitted to the Committee, no later than ninety days after the enactment of this Act.
The Committee is supportive of the Asia-Pacific Partnership for Clean Development and Climate, announced on July 15, 2005, at an Association of South East Asia Nations (ASEAN) Regional Forum Meeting. However, the recommendation does not include specific funding to expand U.S. export promotion for cleaner energy technologies as this is a core function of the US&FCS, and maintaining existing levels of overseas presence is a more urgent requirement for fiscal year 2007 funds.
Trade Missions- The Committee continues its direction that all trade missions involving Department of Commerce agencies must be initiated, coordinated and administered through the ITA.
International Standards- The Committee directs the Department to increase efforts to ensure that U.S. business interests are represented in international standards negotiations and to collaborate with NIST, the USTR, and the State Department on innovative ways to reduce trade barriers to U.S. business exports to ensure U.S. standards are adopted in international negotiations.
Travel Expenditures- The Committee directs the Department to increase the number of investigative teams traveling to China and India, the sources of most trade complaints, to verify documentation of information provided by foreign companies. The recommendation provides sufficient resources for this purpose and the Committee expects the Department to submit quarterly reports to the Committee regarding the ITA's travel expenditures, including separate breakouts of funding, number of trips, and the purposes of travel to both China and India.
Capital Security Cost Sharing Program- The Committee remains steadfast in its support of U.S. government-wide efforts to ensure personnel assigned overseas to American embassies and consulates. After the 1998 bombings of two U.S. embassies in East Africa, the U.S. Congress enacted the Secure Embassy Construction and Counterterrorism Act of 1999 to require the State Department to improve physical security overseas and replace embassies that did not meet certain security standards. To accelerate this effort, in 1999, the State Department launched a security upgrade and construction program to begin addressing requirements in more than 260 embassies and consulates. In 2005, the Congress and the Administration codified the Capital Security Cost Sharing Program initiative to require all Federal agencies with staff overseas to contribute annually towards construction of the new facilities based on the number of positions and the type of space occupied. This initiative is a major component of the President's Management Agenda initiative on Right-sizing, as well as the Committee's significant focus to ensure that agencies assess the real cost of maintaining staff overseas, and adjust overseas staffing levels to the highest priority overseas programs. The Committee recommendation includes the full request for Capital Security Cost Sharing. Currently, the International Trade Administration has 181 offices in 80 countries around the world. Bill language is included regarding this program under Title VI of this Act.
The recommendation provides funding for an international competitiveness program, a rural export program, and two textile-related programs.
Intellectual Property Rights Protection.--In addition, under Title I of this Act, a program increase of $2,218,000 is included for IP investigations and prosecutions for the Justice Department.
Further, the Committee directs the Department, including ITA and USPTO, to establish programs both domestically and internationally to provide assistance to small businesses seeking to secure their rights abroad. The Committee continues to support the new Strategy Targeting Organized Piracy (STOP) initiative to target the billions of dollars in global trade in pirated and counterfeit goods that cheat American innovators and manufacturers and hurt the U.S. economy and endanger consumers worldwide. The Committee recommendation includes $900,000 for the National Intellectual Property Law Enforcement Coordination Council under the Salaries and Expenses, Departmental Management heading.
BUREAU OF INDUSTRY AND SECURITY
OPERATIONS AND ADMINISTRATION
The Committee recommendation includes a total operating level of $76,806,000 for the operations and administration of the Bureau of Industry and Security (BIS), which includes $62,039,000 for operations and administration and $14,767,000 for national security related programs. The recommendation is $1,776,000 above the current year level and the same amount below the request.
Overall, the Committee recommendation addresses the concerns identified in a number of oversight reports, including the Office of Inspector General reports, `Improvements are Needed to Better Enforce Dual-Use Export Control Laws' and `Deemed Export Controls may Not Stop the Transfer of Sensitive Technology to Foreign Nations in the U.S.', and numerous United States Government Accountability Office reports. Further, the Committee notes that the BIS received accolades, in The Report to the President of the United States dated March 31, 2005, from the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction. The Committee directs BIS to report to the Committee on efforts to achieve the recommendations in these oversight reports not later than January 3, 2007.
Concerns have been raised that the processing time required for export licenses may disadvantage U.S. businesses as they compete in the global market place. The recommendation will assist the BIS to process an increased licensing volume. The Committee expects the BIS to effectively manage the dual-use export control system by staying abreast of the rapid technological changes that shape goods and technologies. The Committee urges the BIS to maintain and develop dedicated expertise to systematically evaluate control lists, license applications, and other functions against the latest developments, and prepare for future developments.
In addition, the Committee reminds the BIS of the requirements of section 605 of this Act.
The Bureau of Industry and Security is responsible for protecting U.S. national security and economic interests by enhancing the efficiency of the export control system; ensuring U.S. industry complies with the Chemical Weapons Convention agreement and the Additional Protocol to the International Atomic Energy Safeguards Agreement; preventing illegal exports and identifying violators of export prohibitions and restrictions for prosecution; and enhancing the export and transit controls of nations seeking to improve their export control systems.
ECONOMIC DEVELOPMENT ADMINISTRATION
The recommendation includes $260,441,000 for the programs and administrative expenses of the Economic Development Administration (EDA) for fiscal year 2007, which is $66,726,000 below the request, and $19,991,000 below the current year level. The Committee expects EDA to use all available carryover and prior year recoveries to the maximum extent possible.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee provides $230,741,000 for the Economic Development Assistance program and the Trade Adjustment Assistance for Firms program. The Committee continues funding for the traditional programs of the EDA to provide needed assistance to communities struggling with long-term economic dislocation, as well as sudden and severe economic dislocation. Of the amounts provided, $139,649,000 is for Public Works and Economic Development, $44,222,000 is for Economic Adjustment Assistance, $26,000,000 is for planning, $8,000,000 is for technical assistance, including university centers, and $12,870,000 is for trade adjustment assistance.
The Committee directs EDA to continue operations and funding of the planning grant program for existing and designated economic districts in a manner that is consistent with the current and ongoing practices, policies and existing rules and regulations.
The Committee continues to expect EDA to assist communities impacted by economic dislocations related to coal industry downturns due to environmental concerns at no less than the fiscal year 2006 level.
The Committee directs EDA to provide assistance to an applicant for planning under this account only if the applicant agrees to make available to the public on request their audited statements, annual budgets, and minutes of meetings and agrees to provide the public reasonable notice of, and an opportunity to attend, their meetings. The Committee further directs EDA to provide assistance to an applicant for planning under this account only after the applicant files appropriate Federal financial disclosure statements.
The Committee continues to direct EDA to ensure that funds provided under this account are targeted to the most severely distressed areas, which, absent the assistance provided by the EDA, would have little or no access to resources for infrastructure development and capacity building. This puts the program on firm ground to carry out its purpose to provide the `seed capital' to distressed areas to allow local communities to increase their ability to create new economic opportunities and jobs in accordance with local priorities.
SALARIES AND EXPENSES
The Committee recommendation includes $29,700,000 for the salaries and expenses of the EDA, the same as the request, and $9,000 above the current year level. The Committee continues to direct the EDA to aggressively pursue all opportunities for reimbursement, deobligations and use of non-appropriated resources, including the care and protection of collateral accounts, to maximize the operating level.
Although not specified in the Department's budget request, it is the understanding of the Committee that EDA is considering the closure of three of its six regional offices: Philadelphia, Austin, and Seattle. Regional offices are an important link between headquarters in its policymaking role and the Economic Development Representatives in the field. The Committee believes that these offices are an integral part of regional economic development and disagrees with such a plan, and therefore directs the EDA to maintain all six regional offices.
In addition, the Committee reminds EDA of the requirements under section 605 of this Act regarding reorganization proposals.
The recommendation retains language in the bill to provide the authority to use this appropriation to monitor projects approved under Title I of the Public Works Employment Act of 1976, Title II of the Trade Act of 1974, and the Community Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
The Committee recommendation includes $29,641,000 for the Minority Business Development Agency for fiscal year 2007. The recommendation is the same as the request and the same as the current year level. The Committee recommendation assumes continuation of the Emerging Minority Business Leaders program at the fiscal year 2006 level.
ECONOMIC AND INFORMATION INFRASTRUCTURE
The Committee recommendation includes under this section the Department of Commerce agencies responsible for the nation's basic economic and technical information infrastructure, as well as the administrative functions to oversee the development of telecommunications policy.
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
The Committee recommendation includes $79,880,000, which is $602,000 above the current year and the same amount below the request, for the economic and statistical analysis programs of the Department of Commerce, including the Bureau of Economic Analysis (BEA), for fiscal year 2007. The Committee recommendation supports accurate and timely economic data on the changing global economy.
The Committee recognizes the valuable role the Economic and Statistics Administration plays within the Department of Commerce by providing executive direction and oversight to the Bureau of Economic Analysis and the Census Bureau. The Committee intends that the funding level for the Economics and Statistics Administration in fiscal year 2007 will be sufficient to carry out its mission of providing key statistical information to the Executive and Legislative branches of the government.
The Economic and Statistics Administration is responsible for 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 in developing economic policy.
BUREAU OF THE CENSUS
The Committee recommendation includes a total operating level of $874,159,000 for the Bureau of the Census, which is $4,000,000 below the request and $72,296,000 above the amount provided in fiscal year 2006.
SALARIES AND EXPENSES
The Committee recommendation includes $190,067,000 for the salaries and expenses of the Bureau of the Census for fiscal year 2007, which is $6,000,000 above the request, and $5,433,000 below the current year level. In addition to the discretionary appropriations, $20,000,000 is available in mandatory funding for the survey of program dynamics and the State children's health insurance program. The Committee recommendation prioritizes funding associated with the American Community Survey as well as the 2010 decennial census.
The recommendation includes $144,603,000 for current economic statistics, $41,741,000 for current demographic statistics, and $3,723,000 for survey development and data services. Within the amount provided for current economic statistics, $28,094,000 is for foreign trade statistics, and $23,126,000 is for manufacturing statistics.
Current survey and statistics- Within the amounts provided for current surveys and statistics, $9,200,000 is included to design a new collection system on income and wealth dynamics of the country, which will replace the current Survey of Income and Program Participation (SIPP). Further, a total of $10,000,000 from mandatory funds would be available to disseminate data collected from the SIPP in support of measuring the impact of welfare provisions. The Committee directs the Bureau to work with stakeholders to re-engineer the SIPP to develop a more accurate and timely survey to capture the economic dynamics of the country. The Committee understands the importance of having high-quality policy-relevant data on the economic well-being of the U.S. population, such as is provided by SIPP. The data gathered by SIPP is important to statistical researchers. The Committee concurs with the Census Bureau's prioritization of funding for the 2010 decennial and the American Community Survey in fiscal year 2007, but concerns remain that a data gap may result from the re-engineering of the SIPP. Therefore, the Committee recommendation includes an additional $10,000,000 above the request to continue SIPP data collection while a new survey is designed. The Committee expects the Bureau to work expeditiously to re-engineer this survey to minimize any gaps in data.
The Committee directs the Bureau to continue to streamline and prioritize programs to ensure the highest priority core activities are supported. The Committee expects the Bureau to be fully reimbursed for any non-core survey conducted for any other Federal agency or private organization.
The Committee continues its direction regarding the production of monthly Export-Import and Trade Balance statistics on a North American Industry Classification System basis, and the Advanced Technology Trade Imports, Exports, and Net Balance by Country in the Bureau's monthly reports. The Committee understands that this information will not be seasonally adjusted. Further, the Committee expects the U.S. Trade in Advanced Technology Products to be presented in a more useable format for policymakers and the general public. This information should highlight the European Union, China, Indonesia, Japan, Malaysia, the Philippines, Singapore, India, and South Korea. In addition, the following Advanced Technology categories: biotechnology, life science, opto-electronics, information & communications, electronics, flexible manufacturing, advanced materials, aerospace, weapons, and nuclear technology should be continued.
In addition, the Committee expects that key reports on manufacturing, general economic and foreign trade statistics, including current industrial reports, will be maintained and issued on a timely basis.
The recommendation provides for the current statistical programs of the Bureau of the Census, which include 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.
PERIODIC CENSUSES AND PROGRAMS
The Committee recommendation includes a total of $694,092,000 for all periodic censuses and related programs in fiscal year 2007, which is $87,729,000 above the fiscal year 2006 level and the same as the request.
Re-engineered Design Process for the 2010 Short-Form Census Program- The recommendation includes $258,328,000 for the short-form only Census in 2010, which is the same as the request, and $57,083,000 above the current year level. The Committee continues to support the Bureau's efforts to establish an early design and planning process to allow sufficient time to test the major elements of a simplified, streamlined short-form census. This new approach should allow the Census Bureau to fulfill important constitutional and legal mandates more accurately. Further, this new process should reduce the costs to the American taxpayer by nearly $2,000,000,000, instead of repeating the same process conducted in the 2000 census. The recommendation includes the following:
| [In thousands of dollars] | |
| Decennial Census 2010: | |
| Program Development and Management | $3,358 |
| Content, Questionnaires, and Products | 20,123 |
| Field Data Collection & Support | 113,188 |
| Automated Data Collection & Support | 75,420 |
| Design, Methodology, and Evaluation | 37,432 |
| Census Test and Dress Rehearsal | 8,807 |
| Total, Decennial Census 2010, Re-engineered Design Process | 258,328 |
American Community Survey (ACS)- The Committee recommendation includes $179,765,000 for the American Community Survey, which is the same as the request, and $11,987,000 above the current year level. The Committee is steadfast in its support of the Census Bureau and the Administration's efforts to collect long-form data on an on-going basis rather than waiting for once-a-decade decennial long-form data. The recommendation includes the following:
| [In thousands of dollars] | |
| Initial Mail Collection | $38,319 |
| Telephone Non-Response Follow-up | 17,022 |
| Personal Visit Non-Response Follow-up | 68,714 |
| Puerto Rico | 3,329 |
| Group Quarters | 9,160 |
| IT Infrastructure | 5,216 |
| Data Processing, Weighting & Review | 13,637 |
| Data Dissemination | 7,875 |
| Partnership and Outreach | 2,192 |
| Project Management | 3,423 |
| Methods Panel | 10,878 |
| Total, American Community Survey | 179,765 |
The Committee recommendation includes the full request for the methods panel, an increase of $3,379,000 above the current year level for a total of $10,878,000 for fiscal year 2007. The Committee expects the methods panel to ensure a more comprehensive and streamlined approach to multiple data collection techniques and to ensure that any change in the language of survey questions will maximize clarity in order to elicit correct responses.
Master Address File (MAF)/Topologically Integrated Geographic Encoding and Referencing (TIGER)- The Committee recommendation includes $73,674,000 for MAF/TIGER Re-engineering, which is the same as the request, and $5,106,000 below the current year level. The Committee supports efforts to enhance the MAF/TIGER to include street and address information from States, localities, and tribal governments. It is in the best interest of the Federal, State, local, and tribal communities to make all existing information available to the Census Bureau to result in the most accurate database. The Committee directs the Secretary of Commerce to take all available measures to reduce the requirement of payment for information currently available from certain governments. Further, the Secretary is directed to utilize global positioning system technology and aerial photography to update existing information only if these measures are shown to be a more cost effective alternative. The recommendation includes the following:
| [In thousands of dollars] | |
| Geographic Partnership Programs | 5,686 |
| Evaluations | 5,686 |
| Street Address Location Corrections & GPS | 53,289 |
| Address Updating System | 9,013 |
| Total, MAF/TIGER Re-Engineering | 73,674 |
Non-Decennial Programs- The Committee recommendation includes $182,325,000 for non-decennial periodic census programs, the same amount as in the request, and $23,765,000 above the current year level.
| [In thousands of dollars] | |
| Periodic Censuses: | |
| Other Periodic Programs: | |
| Economic Censuses | $82,438 |
| Census of Governments | 7,755 |
| Subtotal, Economic Programs | 90,193 |
| Demographic Statistics Programs: | |
| Intercensal Demographic Estimates | 9,885 |
| Demographic Survey Sample Design | 11,042 |
| Geographic Support | 40,210 |
| Data Processing Systems | 30,995 |
| Subtotal, Demographic Programs | 92,132 |
| Total, Non-Decennial Programs | 182,325 |
The recommendation supports the elimination of the Vehicle Inventory and Use Survey, as proposed in the budget request.
Language is continued regarding changes to the race category for collection and dissemination purposes.
Subgroup Enumeration- The Committee commends the efforts of the Census Bureau to work with interested parties to ensure that necessary measures will be taken to ensure accuracy in enumerating Hispanic subgroups.
The Committee appreciates the efforts of the Census Bureau to consider new options for reporting data reflecting all citizens of the United States, including Puerto Rico.
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
The Committee recommendation includes a total of $17,837,000 for the National Telecommunications and Information Administration (NTIA) for fiscal year 2007, which is the same as the request and the same amount appropriated for the current year for the salaries and expenses account.
NTIA is responsible for developing domestic and international telecommunications and information policy for the Executive Branch, ensuring the efficient and effective use of the Federal radio spectrum, and administering Federal programs that support telecommunications facilities for public broadcasting.
SALARIES AND EXPENSES
The Committee recommendation includes $17,837,000 for the Salaries and Expenses appropriation of the NTIA, which is the same as the request and the same amount appropriated in the current year. In addition, a total of $45,000,000 is available in mandatory appropriations under the Digital Television Transition and Public Safety Fund. The Fund includes $15,000,000 for digital to analog converter box grants, $15,000,000 for public safety interoperable communications grants, and $15,000,000 for New York City digital transition program assistance for fiscal year 2007.
The Committee continues to direct the Administration to aggressively pursue all opportunities for reimbursement, deobligations, and use of non-appropriated resources, to maximize the operating level for NTIA mission purposes.
The Committee recommendation and the request assume that at least an additional $35,116,000 will be available to the NTIA in fiscal year 2007 through reimbursements from other agencies for the costs of providing spectrum management, analysis and research services.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
The Committee recommendation does not include a new appropriation for program management of existing planning and construction (PTFPC) grants for public television, radio, and non-broadcast facilities.
The Committee notes that as of June 2005, 326 of the 353 public television stations are now transmitting a digital signal. Only 27 stations are not yet broadcasting a digital signal, and PTFPC grants have funded the digital conversion of 22 of those remaining stations. These broadcasting stations serve markets representing 95 percent of American households with television.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
The Committee recommendation includes $1,771,000,000 for the United States Patent and Trademark Office (PTO) for fiscal year 2007, which is $87,914,000 above the current year level and the same as the request, to be derived from offsetting fee collections.
The Committee includes language regarding the number of positions and full-time equivalents for the examination of trademarks and patent applications. Further, language is included designating the number of positions and full-time equivalents for the programmatic Office of General Counsel, which includes the Office of the General Counsel, Office of the Solicitor, Trademark Trial and Appeal Board, Patent Appeals and Interferences, General Law Office, and the Office of Enrollment and Discipline; and external affairs.
Within the amount available, the Committee expects that the PTO will continue its relationships with the National Inventor's Hall of Fame and Inventure Place and with the International Intellectual Property Institute at no less than the levels in fiscal year 2006.
The Committee reminds the PTO that any changes from the funding distribution provided in the bill and accompanying report, including carryover balances, are subject to the reprogramming procedures set forth in section 605 of this Act.
In addition, PTO shall submit to the Committee, not later than three months after the enactment of this Act, a spending plan that incorporates any carryover balances from previous fiscal years and any changes to the patent or trademark fee structure. Further, this spending plan should be updated on a monthly basis and submitted to the Committees at the end of each month in fiscal year 2007.
Telework- The Committee commends PTO for its successful telework program. The Committee understands that by the end of May 2006, 220 trademark examining attorneys will be working from home, representing 80 percent of the total trademark examining corps. Further, the Committee lauds the efforts of the PTO to increase the number of teleworking patent examining professionals to 1,038 that are working from home one day per week. In addition, 255 patent examiners have relinquished their office space to work from home four days per week.
The PTO is charged with administering the patent and trademark laws of the United States. PTO examines patent applications, grants patent protection for qualified inventions, and disseminates technological information disclosed in patents. The PTO also examines trademark applications and provides Federal registration to owners of qualified trademarks. The PTO advises the Office of the United States Trade Representative on enforcement issues in connection with free trade agreements and participates in consultations with numerous foreign governments on a broad range of issues related to the enforcement of intellectual property rights.
SCIENCE AND TECHNOLOGY
The Committee recommendation includes $4,019,167,000 in direct discretionary appropriations for the Science and Technology programs of the Department of Commerce, including the National Institute of Standards and Technology and the National Oceanic and Atmospheric Administration, which is $684,842,000 below the current year, and $242,785,000 below the request.
TECHNOLOGY ADMINISTRATION
SALARIES AND EXPENSES
The recommendation includes $2,000,000 for necessary expenses of the Under Secretary for Technology Policy, which is $515,000 above the request and $3,923,000 below the current year level.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
The recommendation includes $627,000,000 for the National Institute of Standards and Technology (NIST) for fiscal year 2007, which is $118,037,000 below the current year and $45,668,000 above the request.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The Committee recommendation includes $467,002,000 for NIST's scientific and technical core programs, which is $72,240,000 above the current year and the same as the request.
The Committee recommendation includes $395,002,000 to support the full base operating costs for core NIST programs, including the continuation of a critical infrastructure program at the fiscal year 2006 level. In addition, the Committee recommendation includes new investments of $72,000,000 to support the American Competitiveness Initiative, focusing on physical science research and standards development that will foster innovation. Specifically, funding is recommended for the following activities: (1) enhancing NIST's national research facilities (+$30,000,000), including support for the Center for Nanoscale Science and Technology and the Center for Neutron Research; (2) furthering the work of NIST's laboratories and technical programs (+$28,000,000), including support for developing a robust hydrogen economy to reduce the Nation's dependence on foreign sources of energy, creating manufacturing innovation through supply chain integration, building the infrastructure for innovation through quantum information science developments, furthering structural safety from hurricanes, fires, and earthquakes, and developing next generation materials; and (3) opening markets for American workers and exporters through development of international standards and innovation (+$14,000,000), including support for developments in measurement science and enhancements in bioimaging, cybersecurity, and biometric identification technologies.
The Committee continues to support efforts to ensure that United States business interests are represented in international standards negotiations, and also expects that NIST will collaborate with the Office of the United States Trade Representative and the Department of State on innovative ways to reduce trade barriers to United States exports by ensuring that United States standards are adopted in international negotiations.
The Committee recommends that NIST continue to work with its Federal partners to develop, implement, and publish the results of a Project 25 conformity assessment program for first responder communications equipment.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommendation includes $92,000,000, which is $91,624,000 below the current year and $45,668,000 above the request, and is provided solely for the Hollings Manufacturing Extension Partnerships (MEP) Program. The Committee adopts the President's request to terminate funding for the Advanced Technology Program.
MEP is a collaborative partnership program that provides United States manufacturers with access to technologies, resources, and expertise through a network of manufacturing extension centers. Federal support for the MEP program, combined with State and private sector funding, is intended to translate into more jobs, more tax revenue, more exports, and a more secure supply source of consumer and defense goods. Because the Committee recognizes the value of the continuation of these valuable partnerships, the recommendation doubles the Administration's request for the MEP program.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommendation includes $67,998,000 for construction and major renovations of NIST campuses at Boulder, CO, and Gaithersburg, MD, and at other facilities. This account supports the construction, maintenance, and repair of NIST facilities to meet the Nation's measurement and research needs.
The recommendation fully supports the requested program increases of $32,100,000 in support of the American Competitiveness Initiative, including funds for the following: $10,100,000 for renovations of Boulder facilities; $10,000,000 for safety, capacity, maintenance and major repairs; and $12,000,000 for the NIST Center for Neutron Research.
The Committee directs NIST to submit quarterly reports to the Committee on the progress of all construction projects during fiscal year 2007.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
The Committee recommendation includes a total of $3,390,167,000 in discretionary appropriations for the National Oceanic and Atmospheric Administration (NOAA), which is a decrease of $508,282,000 below the current year level not including supplemental amounts, and $288,968,000 below the request. Detailed recommendations for NOAA's individual appropriations accounts are contained in the following paragraphs.
OPERATIONS, RESEARCH AND FACILITIES
[INCLUDING TRANSFER OF FUNDS]
The Committee recommendation includes a total program level of $2,466,464,000 under this account for the coastal, fisheries, marine, weather, satellite and other programs of the National Oceanic and Atmospheric Administration. This total funding level includes $2,375,464,000 in direct appropriations, a transfer of $77,000,000 from balances in the `Promote and Develop Fishery Products and Research Pertaining to American Fisheries' account, a transfer of $3,000,000 from the Coastal Zone Management Fund, and $11,000,000 in deobligated balances from prior year appropriations. The direct appropriation of $2,375,464,000 is $352,466,000 below the fiscal year 2006 level not including supplemental amounts, and $212,379,000 below the request.
Language is included prohibiting the application of any general administrative charge against assigned activities under NOAA. Language is also included limiting the amount available for NOAA corporate services administrative overhead, and the amount available for transfer to the Department of Commerce Working Capital Fund. The Committee notes that line office personnel and overhead costs are funded from the totals provided for each respective line office. Funding for common corporate services and for a payment to the Department's Working Capital Fund has been provided directly on separate line items in the Program Support budget.
The following narrative descriptions and tables identify the specific activities and funding levels included in this Act:
National Ocean Service (NOS)- The recommendation provides $315,140,000 for NOS operations, research and facilities. The recommendation includes $112,300,000 for base Navigation Services activities, including $29,000,000 to address the hydrographic survey backlog detailed in the National Survey Plan. The Committee expects NOAA to propose a distribution of the $22,000,000 recommended for Geodesy programs through the reprogramming process detailed under section 605 of this Act. Within this amount, the Committee encourages NOAA to consider the continuation of funding for high-priority State geodesy and height modernization initiatives. The amount provided for Tide and Current Data includes funding to continue support for the Great Lakes Water Observation Network.
The recommendation includes $26,000,000 for Coral Reef programs, including the continuation of program activities in Florida and Puerto Rico. The amount provided for Response and Restoration includes up to $7,000,000 for requested Pribilof Island cleanup activities. The Committee is pleased by NOAA's response and restoration efforts on Vieques Island, Puerto Rico, and expects NOAA to continue to provide assistance, as needed, to the Departments of Defense and the Interior and the Environmental Protection Agency in carrying out cleanup responsibilities. The Committee also expects NOAA to continue to provide funds for the aquatic resources environmental initiative and encourages the continuation of funding for a marine wildlife database.
National Marine Fisheries Service (NMFS).--The recommendation provides $539,100,000 for NMFS operations, research and facilities. The recommendation for Protected Species Research and Management includes $56,000,000 for Pacific Salmon, a continuation of the fiscal year 2006 level. The Committee expects NOAA to complete its Coho salmon recovery plan for the Klamath River as required by law as soon as possible. Also the Committee urges NOAA to work with local entities in the Scott and Shasta river basins to implement restoration projects, as soon as possible with minimal overhead. Further, the Committee encourages the Secretary of Commerce to make his determination regarding a fishery failure declaration for the Klamath River as soon as practicable.
Within the base funding provided for fisheries research, the Committee expects NOAA to increase funding for Antarctic Research and to allocate funding to the highest priority research activities related to the following continuing activities: horseshoe crab research, bluefin tuna tagging, bluefish/striped bass research, the Virginia trawl survey, shark research, California cooperative oceanic fisheries investigation and California marine fisheries replenishment research. The recommended funding level to expand stock assessments includes funding for continuation of a West Coast in-season harvest data collection system. The recommendation continues funding for Chesapeake Bay Studies. Within the amount provided for Sustainable Habitat Management, the recommendation continues funding for the highest priority activities related the following continuing programs: oyster restoration, the non-native oyster Chesapeake Bay program, and blue crab research. Within the amount provided for Fisheries Habitat Restoration, the Committee expects NOAA to continue funding for Bronx River Restoration.
The Committee directs NOAA to assess the safety concerns about the Southwest Fisheries Science Center and pursue a formal budget request, if warranted, in a timely manner.
Oceanic and Atmospheric Research (OAR).--The recommendation includes $328,486,000 for OAR operations, research and facilities. The recommendation includes $184,000,000 for Climate Research, which is $2,849,000 above the request. The recommendation includes $130,000,000 for a consolidated competitive climate research program for the Climate Program Office, an increase of $4,288,000 above the request. Within this amount, the Committee encourages NOAA to implement a new competitive national program for partnerships in coastal and ocean observing. This funding will focus on creating a federation of regional observing systems to accelerate the achievement of an integrated ocean observing system. Within the amount available under OAR, the Committee encourages NOAA to continue Arctic research activities and support planning activities related to the upcoming International Polar Year.
The recommendation for Weather and Air Quality Research includes funding, as requested, for tornado severe storm research/phased array radar.
The recommendation for Ocean, Coastal and Great Lakes Research continues funding for Great Lakes Research Laboratories; provides $52,000,000 for the National Sea Grant College Program; and provides $16,000,000 to continue research activities associated with ocean exploration and undersea research. Additional funding for educational programs associated with ocean exploration and undersea research is included under the recommendation for Program Support. The Committee notes that constraints on discretionary spending have resulted in reductions in appropriations for ocean exploration. The Committee therefore directs NOAA to develop a strategy for transitioning discoveries to the private sector, and to transmit this strategy to the Committee by January 31, 2007. A strong, direct link between ocean exploration and economic development could enable the program to leverage corporate support to fill behind declining appropriations. The amount provided for Invasive Species and Other Partnership Programs continues funding for aquatic ecosystems programs, ballast water treatment, satellite data application research, and the development of sensors to enhance the measurement of carbon dioxide in seawater. The Committee directs NOAA to conduct an annual inventory of the mercury levels in each of the Great Lakes, with details on the trend and source in the water levels and aquatic life, by July 31st of the following year.
The recommendation includes $12,900,000 for High Performance Computing, the full amount requested and an increase of $6,458,000 above the fiscal year 2006 base level.
National Weather Service (NWS).--The recommendation provides $781,913,000 for National Weather Service operations, research and facilities, including an increase of $2,500,000 above the request for local warnings and forecasts base activities. The Committee continues to believe that renaming the National Weather Service could lead to confusion among users of long-standing programs and services with substantial name recognition, and strongly encourages NOAA against such action.
The recommendation for Local Warnings and Forecasts includes $20,415,000, the full requested amount, to strengthen the U.S. tsunami warning network. The recommendation for Local Warnings and Forecasts also includes $5,000,000 for the Space Environment Center; continues funding for Alaska tsunami warning observations and the hurricane mitigation cooperative research initiative; and continues funding for air quality forecasting programs including $1,750,000 to establish air quality and meteorological monitoring equipment throughout the Shenandoah Valley and utilize computer modeling software and data processing hardware to gather, analyze and disseminate real-time and predictive information to local decision makers, research programs, and the general public. Within the amount provided for Advanced Hydrological Prediction Services, the Committee expects that NOAA will continue to support critical upgrades to the Susquehanna River Flood Forecasting and Warning System.
The Committee notes that, of the approximately 500 coastal communities determined to be at high risk of tsunami, only 25 communities have been recognized by NWS as TsunamiReady. The Committee expects NOAA to evaluate the TsunamiReady program to determine why participation is low, and make any necessary corrections to eliminate barriers to participation. The Committee expects NOAA to continue to work with each at-risk coastal community to ensure that emergency officials understand potential tsunami hazards and are prepared to take necessary actions. In addition, the Committee directs NOAA to develop comprehensive risk-based strategic plans for all tsunami programs, including metrics for measuring progress toward achieving program goals.
National Environmental Satellite, Data and Information Service (NESDIS).--The recommendation provides $145,250,000 for NESDIS operations, research and facilities. The recommendation for Data Centers and Information Services includes funding for environmental data archiving, access and assessment activities.
Program Support.--The recommendation provides $356,575,000 for Program Support, including $183,775,000 for corporate services, $21,000,000 for facilities, $125,300,000 for marine and aviation operations, and $26,500,000 for education programs. The recommendation continues language prohibiting the charging of line office program budgets for costs of corporate services.
The recommendation for Education Programs consolidates funding for a number of continuing activities and a general education fund. The Committee expects that this funding level will support the following activities: JASON; continuing bay and watershed education programs; Chesapeake Bay interpretive buoys; Education Partnership Program/Minority Serving Institutions; education activities related to ocean exploration and undersea research; and the Virginia Science and Engineering Outreach program. In addition, the recommendation includes language, as requested, regarding two NOAA educational scholarship programs. The Committee expects that these two continuing programs will be funded from the amount provided for Education Programs.
NATIONAL OCEAN SERVICE--OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
----------------------------------------------------------
Amount
----------------------------------------------------------
Navigation Services:
Mapping & Charting 39,300
Address Survey Backlog/Contracts 29,000
Geodesy 22,000
Tide & Current Data 22,000
Total, Navigation Services 112,300
Ocean Resources Conservation and Assessment:
Coastal Services 10,000
Coral Reefs 26,000
Response and Restoration 22,600
National Centers for Coastal Ocean Science 21,740
Extramural Oceanic and Coastal Research & Science 12,000
Total, Ocean Resources Conserv. & Assess. 92,340
Ocean and Coastal Management:
CZM Grants 55,000
CZMA Program Administration 6,000
Non-Point Pollution 1,500
National Estuarine Research Reserve System 16,000
Marine Sanctuary Program 32,000
Total, Ocean and Coastal Management 110,500
Total, National Ocean Service--ORF 315,140
----------------------------------------------------------
NATIONAL MARINE FISHERIES SERVICE--OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
----------------------------------------------------------
Amount
----------------------------------------------------------
Protected Species Research and Management 108,000
Fisheries Research & Management:
Research and Management Programs 138,000
Salmon Management Activities 24,000
Expand Stock Assessments--Improve Data Collection 25,000
Fish Statistics 12,800
Fisheries Information Networks 20,000
Regional Councils and Fisheries Commissions 25,000
Survey and Monitoring Projects 10,000
Total, Fisheries Research & Management 254,800
Other Activities Supporting Fisheries:
Chesapeake Bay Studies 3,000
Cooperative Research 9,000
Antarctic Research 1,500
Alaska Research 20,000
Information Analyses and Dissemination 17,500
National Environmental Policy Act 7,900
Facilities Maintenance 3,900
Total, Other Activities 62,800
Habitat Conservation and Restoration:
Sustainable Habitat Management & Conservation 18,000
Fisheries Habitat Restoration 22,000
Total, Habitat Conservation and Restoration 40,000
Enforcement and Observers:
Enforcement and Surveillance 50,000
Observers and Training 23,500
Total, Enforcement and Observers 73,500
Total, National Marine Fisheries Service--ORF 539,100
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OCEANIC AND ATMOSPHERIC RESEARCH--OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
---------------------------------------------------------
Amount
---------------------------------------------------------
Climate Research:
Laboratories & Joint Institutes 47,000
Climate Operations, Data & Information 7,000
Competitive Research Program 130,000
Total, Climate Research 184,000
Weather & Air Quality Research:
Laboratories & Joint Institutes 36,000
Tornado/Severe Storm Research/Phased Array Radar 3,000
Total, Weather & Air Quality Research 39,000
Ocean, Coastal, and Great Lakes Research:
Laboratories & Joint Institutes 19,000
Undersea Research and Ocean Exploration 16,000
National Sea Grant College Program 52,000
Invasive Species and Other Partnership Programs 5,586
Total, Ocean, Coastal, and Great Lakes Research 92,586
High Performance Computing Initiatives 12,900
Total, Oceanic and Atmospheric Research--ORF 328,486
---------------------------------------------------------
NATIONAL WEATHER SERVICE--OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
--------------------------------------------------
Amount
--------------------------------------------------
Operations and Research:
Local Warnings and Forecasts 614,957
Advanced Hydrological Prediction Services 6,037
Aviation Weather 4,653
WFO Maintenance 7,316
Weather Radio Transmitters 2,297
Central Forecast Guidance 51,063
Total, Operations and Research 686,323
Systems Operation & Maintenance (O&M):
NEXRAD 43,759
ASOS 8,716
AWIPS 37,603
NWSTG Backup--CIP 5,512
Total, Systems Operation & Maintenance 95,590
Total, National Weather Service--ORF 781,913
--------------------------------------------------
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE--OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
---------------------------------------------------------
Amount
---------------------------------------------------------
Environmental Satellite Observing Systems:
Satellite Command and Control 43,750
Product Processing and Distribution 27,100
Product Development, Readiness & Application 24,600
Space Commercialization, Licensing & Enforcement 1,800
Total, Environmental Satellite Observing Systems 97,250
NOAA's Data Centers & Information Services 48,000
Total, NESDIS--ORF 145,250
---------------------------------------------------------
PROGRAM SUPPORT--OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
------------------------------------------------------
Amount
------------------------------------------------------
Corporate Services:
Under Secretary & Associate Offices 26,550
Consolidated Corporate Administrative Costs 111,900
Payment to DOC Working Capital Fund 34,425
CAMS 9,900
Information Technology Security 1,000
Total, Corporate Services 183,775
NOAA Education Programs 26,500
Facilities:
NOAA Facilities Management & Construction 17,000
Environmental Compliance & Safety 4,000
Total, Facilities 21,000
Marine and Aviation Operations:
Marine Services 90,300
Fleet Planning and Maintenance 16,000
Aviation Operations 19,000
Total, Office of Marine & Aviation Operations 125,300
Total, Program Support--ORF 356,575
------------------------------------------------------
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The recommendation includes $996,703,000 for the Procurement, Acquisition and Construction account, which is $113,216,000 below the current year level not including supplemental amounts, and $27,764,000 below the request. The recommendation assumes that an additional $2,000,000 will be available from prior year deobligations, resulting in a total program level of $998,703,000. The recommendation includes language making any use of deobligated funds provided under this heading in previous years subject to the reprogramming procedures set forth in section 605 of this Act.
National Weather Service (NWS).--The recommendation includes $100,420,000 for National Weather Service acquisition and construction, which is $2,000,000 above the request. The recommendation includes requested funding for four remaining Deep-ocean Assessment and Reporting of Tsunamis (DART) buoy spares to complete the acceleration of the deployment of a national tsunami warning system. The recommendation also restores a proposed reduction of $2,000,000 in the radiosonde network replacement program.
National Environmental Satellite, Data and Information Service (NESDIS).--The recommendation includes $884,304,000 for NESDIS acquisition and construction, which is the same amount as the request. The recommendation provides the requested increase of $113,442,000 for the R-Series, the next generation of Geostationary Operational Environmental Satellites (GOES). This funding will be used for systems acquisition, continued efforts on satellite instruments, and the program office in support of an initial GOES-R launch date in 2012.
The recommendation also provides the full requested increase of $20,278,000 for National Polar-orbiting Operational Environmental Satellite Systems (NPOESS). The Committee recommendation does not constitute an endorsement of future funding requests for the full costs of a reconstituted NPOESS program. The Committee notes that the fiscal year 2007 funding requirements for NPOESS remain unchanged despite the recently concluded Nunn-McCurdy recertification process, under which the total program costs are slated to increase by at least $3,700,000,000. The Committee is gravely concerned with the technical and financial program management failures, which have resulted in dramatic cost increases, and placed at risk the nation's ability to collect critical weather forecasting and climate data. The Committee understands that the recertified NPOESS program will consist of four satellites instead of six as originally planned; will have an initial launch of 2013 instead of 2010; and will include at least five fewer sensor instruments than originally planned. In light of such program setbacks, NOAA must justify whether the reconstituted program merits such a dramatic increase in future appropriations. The Committee expects NOAA and the other NPOESS agencies to cooperate fully with the Committee, and other Committees with jurisdiction over the NPOESS program, in reviewing the results of the Nunn-McCurdy certification. Congress will need detailed information to ensure that the new cost and schedule estimates for NPOESS are realistic.
None of the funds provided for NPOESS for fiscal year 2007 shall be obligated or expended until the Committee receives a fiscal year 2007 spending plan through the reprogramming process set forth in section 605 of this Act, accompanied by a full multi-year program justification. Further, the Committee expects that NOAA will immediately implement all recommended management improvements, and that the renegotiation of the contract for NPOESS will take into account the recommendations of the Government Accountability Office and the Inspector General of the Department of Commerce.
Office of Marine and Aviation Operations (OMAO)- The recommendation includes $3,600,000 for OMAO, to cover expected temporary berthing and calibration costs associated with the delivery of NOAA's second fisheries survey vessel. The amount recommended also includes funding for NOAA to test and demonstrate scientific applications of hydrographic data.
The following table identifies the specific activities and funding levels included in this Act:
PROCUREMENT, ACQUISITION & CONSTRUCTION
[In thousands of dollars]
--------------------------------------------------------------
Amount
--------------------------------------------------------------
Research Supercomputing/CCRI (OAR) 10,379
Weather and Climate Systems Acquisition (NWS) 68,611
Construction (NWS) 31,809
Satellite Systems Acquisition--Geostationary (NESDIS) 439,607
Satellite Systems Acquisition--POES (NESDIS) 89,906
Satellite Systems Acquisition--NPOESS (NESDIS) 337,870
NPOESS--Preparatory Data Exploitation (NESDIS) 4,455
EOS & Advanced Polar Data Systems (NESDIS) 990
CIP--Single Point of Failure (NESDIS) 2,772
Comprehensive Large Array Data Stewardship (NESDIS) 6,476
Construction (NESDIS) 2,228
Marine Services (OMAO) 3,600
Total PAC 998,703
--------------------------------------------------------------
PACIFIC COASTAL SALMON RECOVERY
The recommendation includes $20,000,000 for conservation and habitat restoration and recovery grants for endangered and threatened Pacific salmon populations, which is $46,638,000 below the current year and $46,825,000 below the request. The recommendation includes language, similar to the request, that (1) lists eligible State and tribal grantees under the program; (2) defines the allowable uses of funds under this account; (3) requires that funds disbursed to States be subject to a matching requirement; and (4) requires that non-Federal contributions must be used in direct support of this program in order to fulfill the matching requirement. The Committee expects that any guidelines established by the Secretary of Commerce to allocate funding under this account will restrict the use of funding under this account to projects necessary for restoration of populations that are listed as endangered or threatened or identified as at-risk to be so listed, projects that maintain populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or projects to conserve Pacific coastal salmon and steelhead habitat. NOAA shall report to the Committee within 60 days of the enactment of this Act on the distribution of funding to States and tribes under this heading.
The Committee notes that from fiscal year 2000 through fiscal year 2006, over $1,250,000,000 has been appropriated for NOAA Pacific Salmon programs, including $591,125,000 for recovery grants to States and tribes. The Committee recommendation for fiscal year 2007 includes a total of $100,000,000 for NOAA Pacific Salmon programs, consisting of $56,000,000 in NMFS Protected Species funding, $24,000,000 in NMFS Salmon Management funding, and the $20,000,000 included under this heading for recovery grants to States and tribes.
COASTAL ZONE MANAGEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
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
The recommendation includes language under this heading appropriating $287,000 for the subsidy costs of direct fisheries loans. 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
SALARIES AND EXPENSES, DEPARTMENTAL MANAGEMENT
The Committee recommendation includes $52,760,000 for costs of managing the Department of Commerce, $4,239,000 below the request and $5,900,000 above the current year level. The Committee recommendation includes bill language designating $5,900,000 for the blast mitigation windows, as proposed, and $990,000 for the National Intellectual Property Law Enforcement Coordination Council, as proposed under a separate heading. The Committee has denied, without prejudice, the requested increase of $18,000,000 for the renovation and modernization of the Herbert C. Hoover Building due to the Committee's austere funding constraints.
This appropriation provides for the Office of the Secretary and for staff offices of the Department, which assist in the formulation of policy, management, and administration.
Office Relocations.--The Committee continues to direct the Department to submit quarterly reports providing details of all office moves, openings, reductions and closings, and the costs associated with all moves. The Committee reminds the Department of the requirements to submit reprogramming notifications under section 605 of the Act before implementing office relocations.
OFFICE OF INSPECTOR GENERAL
The Committee includes $22,531,000 for the Inspector General for fiscal year 2007, which is $64,000 above the current year level and the same as the request.
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
The Committee recommends the following general provisions for the Department of Commerce:
Section 201 of the bill making Department of Commerce 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 making appropriations for the Department for Salaries and Expenses available for hire of passenger motor vehicles, and for services, uniforms and allowances as authorized by law;
Section 203 providing the authority to transfer funds between Department of Commerce appropriation accounts and requiring notification to the Committee of certain actions;
Section 204 providing that any costs incurred by the Department in response to funding reductions shall be absorbed within the total budgetary resources available to the Department and shall not be subject to the reprogramming limitations set forth in this Act;
Section 205 regarding the Ernest F. Hollings Scholarship Program;
Section 206 regarding the Dr. Nancy Foster Scholarship Program; and
Section 207 requiring that any funding used to implement E-Government Initiatives shall be subject to section 605 of this Act.
TITLE III--SCIENCE
The funds recommended by the Committee in Title III of the accompanying bill support the development of national science policy, as well as the operational, research, and education activities of the National Aeronautics and Space Administration and the National Science Foundation.
The recommendation in this title totals $22,734,381,000, which is $901,108,000 above the amount provided in fiscal year 2006 not including supplemental amounts, and $83,227,000 below the budget request.
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
The recommendation includes $5,369,000 for the Office of Science and Technology Policy, which is $124,000 below the current year funding level and the same as the request. The Office of Science and Technology Policy (OSTP) was created under the National Science and Technology Policy, Organization, and Priorities Act of 1976. OSTP advises the President on science and technology policies and coordinates research and development programs for the Federal Government.
The Committee recommendation includes language directing the establishment of an Ethics Advisory Group (EAG) for the National Nanotechnology Initiative (NNI), focused on questions of human dignity. The EAG shall be composed of non-Federal experts unaffiliated with the nanotechnology industry; shall develop ethical guidelines for Federal nanotechnology research across all agencies funded by the NNI; and shall address fundamental questions of human dignity in addition to other ethical, legal, and social issues.
In establishing the EAG within the NNI, the Committee directs the OSTP to ensure that the ethical implications of nanotechnology, as distinct from the legal, social, or environmental implications, are thoroughly and specifically examined. The EAG shall focus on: (1) generating robust, balanced ethical discussions with particular attention not only to questions of equity and access but also to fundamental questions of human dignity including the potential use of nanotechnology in enhancing human intelligence and performance; (2) developing ethical guidelines that set practical boundaries within which the U.S. nanotechnology program can flourish; and (3) developing a process whereby these ethical guidelines can inform the research funded through the NNI and shape funding decisions. By February 1, 2007, OSTP shall report to the Committee on the status of the establishment of the EAG and its activities. By July 1, 2007, the EAG shall provide the Committee with a report on its progress.
The recommendation also includes language establishing a reporting requirement on the improvement of science education in the United States. The Committee expects OSTP to work to improve coordination and communication among science agencies to ensure that education programs are effective and complementary, and not duplicative. The OSTP shall report to the Committee by March 31, 2007, on any actions planned or taken in response to any findings or recommendations of the National Science and Technology Council or the new interagency Academic Competitiveness Council.
The Committee recognizes that research efforts on new technologies such as nanotechnology and biofuels are and should continue to be coordinated across Federal departments. Rapid advancements in such fields should be closely monitored with regard to new job skills and specialized training required by the workforce, academic curriculum changes, new job classifications, and consumer safety initiatives. The Committee urges the Office of Science and Technology Policy to make recommendations for ensuring that such new requirements and related funding needs are brought to the attention of the Congress and the Executive branch.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
The Committee recommends a total of $16,709,000,000 for the National Aeronautics and Space Administration, which is $83,227,000 below the request, and an increase of $462,386,000 above the fiscal year 2006 level not including emergency supplemental funding.
The recommendation includes funds to support NASA's new vision and mission for space exploration, while supporting requested funds for the continued operation of the Space Shuttle. The Committee is very concerned about the need to maintain the nation's leadership in science and technology. To this end, the Committee has provided additional funding above the request for aeronautics research and science programs. The recommendation makes modest changes to NASA's request to achieve a balance between exploration and NASA's other core mission programs.
The Committee recommendation provides funding under the same account structure as in fiscal year 2006 and proposed in the President's budget request. After several recent changes in the account and budget structure, the Committee believes that maintaining stability in this structure will improve NASA budgeting and financial management, as well as provide more transparency to improve Congressional oversight. To further improve transparency of resource allocation, the recommendation includes language designating funding by theme in both of NASA's major appropriations accounts. The recommendation continues to provide funding for the Space Shuttle and International Space Station in the Exploration Capabilities account. The recommendation includes new language, similar to language in the bill under the Departments of Justice, Commerce and State, establishing limitations and procedures for the transfer of funds among appropriation accounts. The Committee also notes that the reprogramming procedures outlined in section 605 of this Act apply to the reallocation of funds over a specified amount among budget programs, projects and activities, including the reallocation of funding made available in previous fiscal years. The Committee is concerned about the process of setting NASA priorities through significant funding shifts in the operating plan rather than through the regular appropriations process. The guidance provided in the bill and report for fiscal year 2007 provides a clear base funding level. The Committee must be notified of any deviations that meet the criteria established in section 605. None of the funds provided under this heading shall be for non-NASA construction projects.
With respect to the agency's workforce, the Committee is concerned with the budgetary impact of maintaining employment levels in excess of what is needed to accomplish NASA's mission. The Committee expects NASA to undertake the necessary workforce planning to correct what NASA refers to as `uncovered capacity'. The Committee supports NASA's efforts to develop and maintain a world-class workforce.
The Committee remains concerned that NASA television is an asset that is significantly underutilized and could be used as a centerpiece in helping to excite the next generation of explorers in science. The Committee understands that the current year budget for NASA television is $14,000,000, an amount which exceeds the annual budget of the State of Mississippi for public television. NASA must take advantage of its television resources to inform and excite the public. The Committee encourages NASA to work with private sector partners to find innovative ways to incorporate the success of its web portal into its television activities and create a comprehensive multimedia experience for the American public.
SCIENCE, AERONAUTICS AND EXPLORATION
NASA's Science, Aeronautics and Exploration (SAE) account provides funding for the Science, Exploration Systems, and Aeronautics Research Mission Directorates, and for Education programs and Cross-Agency Support programs. The SAE appropriation includes both the direct and the indirect costs supporting the Mission Directorates and Education Program, 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 SAE programs.
The Committee recommends $10,482,000,000 for science, aeronautics and exploration, an increase of $845,273,000 above the fiscal year 2006 enacted level and $41,805,000 below the request.
Science- The recommendation includes a total of $5,404,800,000 for the Science Mission Directorate, an increase of $75,000,000 above the request. Increases above the request include: $50,000,000 for research and analysis; $15,000,000 to initiate planning for an orbiter/lander mission to Europa; and $10,000,000 for Terrestrial Planet Finder for continued technology development.
The Committee expects that the increase provided for research and analysis will be allocated in an equitable fashion among all themes of the Science Mission Directorate: Solar System Exploration, the Universe, and the Earth-Sun System. The Committee is concerned about the damage to our nation's research institutions that can result from the abrupt and unexpected termination of peer-reviewed scientific research grants. The Committee expects that NASA will avoid such actions in the future, to the extent possible. When negotiating terms of university research grants, NASA should include close-out provisions that retain adequate flexibility for the agency, while at the same time providing sufficient mechanisms for minimizing adverse impacts on university educational and research programs.
The National Academy of Sciences, Solar System Exploration Decadal Survey of planetary scientists concluded that the highest priority of the scientific community is an orbiter/lander mission to Jupiter's moon, Europa. One of NASA's highest priorities is to search for life on other planets, and the Decadal Survey of planetary scientists determined that Europa has the highest probability of supporting life in our Solar System because of the confirmed presence of a planet-wide ocean of liquid salt water coupled with significant ocean bottom heat energy created by tidal flexing. The chemical and heat energy created by mid-ocean volcanic vents on the bottom of Earth's oceans have created communities of living organisms that thrive in absolute darkness in conditions nearly identical to the conditions that exist on the bottom of Europa's salt water oceans. For these reasons, in last year's conference report, the Congress directed NASA to begin planning for this mission, and to incorporate it into NASA's fiscal year 2007 budget request. The recommendation includes $15,000,000 for NASA to study and plan for a new start for the single most important outer planetary mission of the Decadal Survey. The Committee urges NASA to incorporate additional funding for a Europa mission as part of its fiscal year 2008 budget request. The Committee expects that NASA would implement this new start utilizing a purely peer review process that capitalizes on proven capabilities to plan, design and execute complex outer planetary missions.
The recommendation provides funding for the continuation of the Terrestrial Planet Finder (TPF). TPF will study all aspects of planets outside our solar system to find earthlike planets and study those planets' ability to maintain life.
The Committee supports NASA's efforts to plan for the extension of the life of the Hubble Space Telescope (HST) and maintains that the HST servicing mission should be one of NASA's top near-term priorities. The recommendation provides requested funding for the HST servicing mission; however, these funds should not be used to de-orbit HST.
The recommendation includes the requested level of $98,500,000 for the Space Interferometry Mission (SIM). This mission will permit a dramatic leap in our understanding of many processes in astrophysics and is a key mission in NASA's search for Earth-like planets and life. Technologies being developed for SIM are also critical to the next generation of space-based telescopes.
The recommendation includes the requested level of $700,200,000 for Mars Exploration to ensure the continued successful implementation of Phoenix in 2007, Mars Science Lab in 2009, Scout in 2011 and the Mars orbiter in 2013 as well as the early technology work for later missions and operations of ongoing missions.
The Committee believes that NASA's scientific successes and discoveries depend upon a well-balanced mission portfolio of large, medium, and small-sized missions. Reductions from planned rates of growth in Science funding appear to have fallen disproportionately on smaller missions such as the competitively-run Explorer Program, which is one of NASA's most important programs addressing critical scientific questions. Within the funding level provided, the Committee encourages NASA to consider a restoration of funding to smaller missions and to fund already-competed missions to the extent possible.
The Committee understands that NASA is in the process of reviewing the future course of action on the Stratospheric Observatory for Infrared Astronomy (SOFIA). The Committee encourages NASA to propose a reallocation of funding through the regular reprogramming process should this review result in a continuation of the program.
The recommendation includes $443,100,000, as requested for the James Webb Space Telescope (JWST). The Committee understands that the JWST has been reaffirmed by a special Science Assessment Team as the astronomy community's number one priority for the coming decade, and is planned for a 2013 launch.
A critical factor that will affect the future missions NASA can initiate is the availability of power sources for probes that cannot rely on solar energy because they are traveling too far from, or too close to, the Sun. An Europa mission and the Solar Probe are examples. Radioisotope Power Systems (RPS) are required for these spacecraft. For the past several years, Russia has been supplying the plutonium-238 (Pu-238) needed for U.S. RPSs because U.S. supplies are depleted. Now, Russia's own supplies are running dry. In addition, NASA has curtailed a major part of its technology development for advanced RPS devices. Therefore, NASA, in consultation with the Department of Energy and other appropriate agencies, shall submit a report to the Committee no later than August 31, 2007 on these issues. The report shall address the status of U.S. development of advanced RPS devices; a detailed explanation of what steps are being taken to ensure an adequate supply of plutonium-238 for spacecraft missions; and an indication of how many RPSs, of what design and capabilities, will be available for use, and when, to permit effective planning for future missions.
Exploration Systems- The recommendation includes a total of $3,827,600,000 for Exploration Systems. The recommendation includes the requested funding levels for the Crew Exploration Vehicle, the Crew Launch Vehicle, and International Space Station Cargo Crew Services. The recommendation reduces funding for Constellation Systems program support activities by $16,000,000.
The recommendation includes $239,300,000 for Exploration Technology Development. The Committee expects NASA to enter into an arrangement with the National Research Council for an independent assessment of NASA's restructured Exploration Technology Development program to determine how well the program is aligned with the stated objectives of the Vision for Space Exploration, identify any gaps, and assess the quality of the research. This assessment shall be provided to the Committee within one year after the enactment of this Act.
The recommendation includes $252,700,000 for Robotic Lunar Exploration, an increase of $118,400,000 over the current year level. The Committee recognizes the importance of a robotic lunar lander mission in preparing for future human exploration of the Moon, and therefore supports the continuing work of the Lunar Precursor and Robotic Program Office for the development of the robotic lunar project.
The Committee encourages NASA to allocate additional funding, if possible, via the reprogramming process, for basic and applied microgravity life and physical sciences, including the maintenance of a meaningful program of peer-reviewed ground-based research. The Committee further encourages NASA to establish an external advisory panel to guide research priorities relative to microgravity life and physical sciences consistent with the recommendations of the National Academies.
Aeronautics Research- The recommendation includes $824,400,000 for Aeronautics Research, an increase of $100,000,000 above the request. The restoration of funds reflects the Committee's concern about the direction NASA has taken in downsizing and restructuring its Aeronautics Research program. While the United States is reducing its Federal investment in aeronautics research our competitors are increasing their aeronautics research and development budgets and making competitiveness their number one priority. While the Committee strongly supports the President's new vision for robotic and manned exploration of the Moon, Mars, and beyond, it is imperative that we not forget the importance of aeronautics research to our domestic economy. The Committee notes that NASA is in the process of developing a National Aeronautics Policy to be delivered to the Congress in the fall of 2006.
The Committee expects NASA to provide a report within sixty days of the enactment of this Act on its response to the findings and recommendations of the National Research Council's Decadal Survey of Civil Aeronautics, including whether it intends to implement all of the Survey's recommendations, and if not, NASA's rationale for choosing not to implement a given recommendation. The report should also include a timetable for implementing the Survey's recommendations.
Cross-Agency Support Programs- The recommendation includes $425,200,000 for Cross-Agency Support Programs. The recommended funding level includes $153,300,000 for Education Programs, and $32,200,000 for Shared Capabilities. The reduction below the request is a general reduction to support functions and institutional investments funded through general and administrative charges. The Committee expects that this reduction will be spread back to program activities throughout this account proportionally.
Within the amount provided for education, the Committee strongly encourages NASA to continue long-standing educational collaborations with partner institutions to promote the public understanding of NASA's missions, support the development of the science and technology workforce needed for the 21st century, and to support NASA's strategic directions. The Committee also encourages NASA to allocate funding above the request for the Space Grant and the Experimental Program to Stimulate Competitive Research (EPSCoR). The Committee expects NASA to issue its request for proposals for EPSCoR funds within 90 days of the enactment of this Act.
Within the amount provided for corporate general and administrative charges, the Committee expects NASA to allocate at least the amount in the budget request for an Independent Verification and Validation facility.
EXPLORATION CAPABILITIES
NASA's Exploration Capabilities (EC) account provides funding for the Space Operations Mission Directorate. The Space Operations Mission Directorate includes the International Space Station (ISS), the 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 Committee recommends $6,193,500,000 for exploration capabilities, a decrease of $41,422,000 below the budget request and $384,401,000 below the fiscal year 2006 base enacted level. The recommendation includes a decrease of $33,400,000 below the request for the International Space Station (ISS). The Committee believes that this small reduction is appropriate given the uncertainties surrounding the nature and scope of the science to be conducted on the ISS. The recommendation assumes that this reduction will be taken from the amount requested for Multi-User Systems and Support. The remaining portion of the reduction below the request is a general reduction to support functions and institutional investments funded through general and administrative charges. The Committee expects that this reduction will be spread back to program activities throughout this account proportionally.
In order to ensure that the ISS will be used effectively to test technologies in support of exploration, the Committee directs NASA to enter into an arrangement with the National Research Council for an independent assessment of how the ISS can best be used as a technology testbed in support of the stated objectives of the Vision for Space Exploration. The assessment should evaluate NASA's plans, identify any gaps, and determine the time required to achieve stated objectives under the planned funding profile for ISS testbed activities. This assessment shall be provided to the Committee within one year after the enactment of this Act. In addition, the Committee directs NASA to provide a plan to the Committee by March 31, 2007 for utilizing the ISS for fundamental materials science research.
OFFICE OF INSPECTOR GENERAL
The Inspector General Act of 1978 established the Office of Inspector General. The Office is responsible for providing agency-wide audit and investigative functions to identify and correct management and administrative deficiencies that create conditions for existing or potential instances of fraud, waste, and mismanagement.
The Committee recommends $33,500,000 for the Office of Inspector General, the same as the budget request and $1,514,000 above the fiscal year 2006 enacted level.
ADMINISTRATIVE PROVISIONS
The recommendation includes four administrative provisions. The first provision allows for funds to remain available until expended when an activity has been initiated for the construction of facilities. The second provision makes all amounts appropriated for construction of facilities available until September 30, 2009. The third provision allows funds for authorized prizes to remain available without fiscal year limitation. The final provision governs transfers between NASA appropriation accounts, and mandates that any transfer pursuant to this provision shall be treated as a reprogramming of funds.
NATIONAL SCIENCE FOUNDATION
The Committee recommendation includes a total of $6,020,012,000 for the National Science Foundation (NSF), which is $438,846,000 above the current year funding level and the same as the request.
Established in 1950, the National Science Foundation's primary purpose is to develop and implement a national policy on science, and support and promote basic research and education in the sciences.
The Committee reminds NSF of the reprogramming guidelines in section 605 of this Act. It is the intent of the Committee that the reprogramming requirements described in section 605 shall also apply to all balances of funds carried over into fiscal year 2007 by NSF. Detailed recommendations for NSF's individual appropriations accounts are contained in the following paragraphs.
RESEARCH AND RELATED ACTIVITIES
The Committee recommends a total of $4,665,950,000 for Research and Related Activities. The recommendation is $334,467,000 above the fiscal year 2006 level and the same as the request.
The Committee strongly supports the increased funding for basic scientific research proposed in the President's American Competitiveness Initiative for fiscal year 2007. The increase provided for fiscal year 2007 is intended as the first year of a ten-year doubling of the Federal investment in innovation-enabling research supporting high-leverage fields of physical science and engineering.
The recommendation does not include specific funding allocations for each directorate or for individual programs and activities. If there are any deviations from the allocations proposed in the President's budget request that meet the criteria established in section 605, the Committee shall be notified accordingly.
The recommendation includes language providing up to $485,000,000 for Polar research and operations support, as requested. The recommendation continues the appropriation of funding to NSF for the procurement of polar icebreaking services related to NSF's mission. The Committee expects the NSF to continue to reimburse the Coast Guard for icebreaking services related to NSF's mission in fiscal year 2007. The appropriation of this funding to NSF does not transfer to NSF the responsibility for maintenance and long-term modernization costs of the Coast Guard icebreaking fleet, as such action would irresponsibly jeopardize the nation's primary source of funding for critical basic scientific research. While using Coast Guard capabilities may be necessary to meet fiscal year 2007 requirements, the Committee expects NSF to continue efforts in pursuit of alternative, more economical, icebreaking solutions for 2007 and beyond. The Committee directs NSF to pursue the most cost-effective means of obtaining icebreaking services in the Antarctic for the 2006-2007 season, including, but not limited to, reimbursing the Coast Guard on a mutually agreed upon basis for the operations and maintenance of the U.S. polar icebreaking fleet. The Committee also strongly encourages NSF to continue to study and develop alternative and innovative means of meeting the logistics requirements of maintaining permanent research stations in Antarctica.
The recommendation includes language that allows funds provided in this account to be available for innovation inducement prizes. The concept of inducement awards to encourage broad involvement in solving a specifically stated scientific problem has been a catalyst for scientific advancement since at least the early 18th century. The Committee expects NSF to continue work begun in fiscal year 2006 with the National Academies to craft a prize or categories of prizes that would be of an appropriate scale and to develop the rules and conditions for awarding such prizes, and report back to the Committee on plans to initiate a prize program in fiscal year 2007. The Committee strongly encourages NSF to use this mechanism, particularly in programs that specifically emphasize innovation, to focus on high risk/high payoff research projects. The recommendation also includes language clarifying that the NSF has the authority to accept donations for specific prize competitions. The Committee strongly encourages NSF to leverage private sector involvement in a prize program.
The Committee commends NSF for its Silicon Nanonelectronics and Beyond program and its partnership with the Nanoelectronics Research Initiative, which involves the sponsorship of research in the areas of information technology and electronics. The Committee encourages NSF to continue its support for such research in fiscal year 2007.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends a total of $237,250,000 for the major research equipment and facilities construction account for fiscal year 2007, an increase of $46,369,000 above the fiscal year 2006 funding level and $3,000,000 below the request. This account provides funding for the construction of major research facilities that provide unique capabilities at the cutting edge of science and engineering.
The Committee recommendation includes requested funding for five continuing projects, as follows: $47,890,000 for 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. In addition, the recommendation includes initial funding for three new project starts, as follows: $56,000,000 for the Alaska Region Research Vessel; $13,500,000 for the Ocean Observatories Initiative; and $11,800,000 for the National Ecological Observatory Network. The recommendation does not include $3,000,000 requested to reimburse the Judgment Fund of the U.S. Treasury.
The Committee is aware that the NSF has recently completed a detailed re-examination of the ALMA project. The United States' cost for completing the new baseline is estimated to be 45 percent higher than originally projected. Although a part of the increase is due to rising labor and material costs, some of these new liabilities are the result of management problems, in particular, the lack of partner integration and centralized decision making that can potentially cause cost growth. While the recommendation includes the full request for the ALMA project for 2007, the NSF is directed to submit a report to the Committee by October 1, 2006, on how it intends to correct the overall management and project issues. In the event that there are additional ALMA funding requirements in fiscal year 2007, the Committee expects NSF to submit a reprogramming of funds from lower priorities or new starts in accordance with the procedures set forth in section 605 of this Act.
EDUCATION AND HUMAN RESOURCES
The Committee recommendation includes $832,432,000 in this account, which is $35,739,000 above the current year level and $16,212,000 above the request. In light of the challenges facing the nation in improving math and science educational participation and achievement, the Committee believes that the American Competitiveness Initiative must not only bolster the NSF's basic research activities, but also its education programs. The most critical need in this regard is to improve K-12 and undergraduate education in science and math.
The recommendation includes $21,000,000 for the Robert Noyce Scholarship Program, an increase of $11,000,000 above the request. The Noyce Program provides scholarships to math and science majors in return for a commitment to teaching. Improving undergraduate education is a key to increasing the American technological workforce, improving overall science literacy, and strengthening K-12 math and science education. The recommendation also includes an increase of $5,000,000 above the request for the Experimental Program to Stimulate Competitive Research (EPSCoR), for a total program level of $105,000,000.
The Committee recommendation also includes: $25,000,000 for Integrative Graduate Education and Research Traineeships; $46,000,000 for Math and Science Partnerships; $46,500,000 for Advanced Technology Education; $26,500,000 for STEM Talent Expansion Program; $107,000,000 for Discovery Research K-12; $30,000,000 for Historically Black Colleges and Universities Undergraduate Program; and $40,000,000 for Louis Stokes Alliances for Minority Participation.
The Foundation's Education and Human Resources activities are designed to encourage the entrance of talented students into science and technology careers, to improve the undergraduate science and engineering education environment, to assist in providing all pre-college students with a level of education in mathematics, science, and technology that reflects the needs of the nation and is the highest quality attained anywhere in the world, and to extend greater research opportunities to under-represented segments of the scientific and engineering communities.
SALARIES AND EXPENSES
The recommendation includes $268,610,000 for Salaries and Expenses, which is an increase of $21,803,000 above the current year level and $13,212,000 below the request. Of the amount provided, $11,000,000 is intended to cover built-in personnel and general operating adjustments for fiscal year 2007. The Salaries and Expenses activity provides for the operation, support and management, and direction of all NSF programs and activities and includes necessary funds that develop, manage, and coordinate Foundation programs.
The Committee directs the NSF to submit a specific organizational allocation of any new positions funded under this heading within 30 days after the enactment of this Act.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommendation includes $3,910,000 for the operations of the National Science Board, which is $39,000 below the current year level and the same as the request. The Committee strongly endorses the role of the National Science Board to conduct independent science policy analyses and oversight of the National Science Foundation.
The National Science Board, established in 1950, establishes policies and assesses the quality, relevance and performance of the National Science Foundation's awards and capital investments. In addition, the Board provides advice to the President and the Congress on matters of science and engineering policy.
Although many reports have raised alarm and documented potential solutions to the crisis in K-12 science, technology, engineering, and mathematics (STEM) education, an action agenda focused on implementation is lacking. The Committee fully supports and encourages the National Science Board's creation of a new Commission on 21st Century Education in STEM. This Commission will develop a national action plan to address known K-12 problems; propose practical and affordable solutions; act as a catalyst for concerted action by the appropriate Federal agencies; and identify the explicit role of NSF in the context of the larger, national education system. The Board shall keep the Committee apprised of the Commission's progress, and deliver a final national action plan in mid-2007.
OFFICE OF INSPECTOR GENERAL
The Committee recommendation includes $11,860,000 for the Office of Inspector General, which is $507,000 above the current year level and the same as the request.
This account supports the National Science Foundation's audit and investigation functions to identify and correct management and administrative deficiencies that could lead to fraud, waste, and abuse.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
The Committee's fiscal year 2007 recommendation for the Department of State strongly supports ongoing efforts to strengthen diplomatic, embassy and border security, and to institutionalize management reforms. The Committee recommends a total of $9,124,170,000 for fiscal year 2007 for the Department of State. This amount is $378,269,000 below the budget request and $203,629,000 above the amount appropriated for fiscal year 2007. Of the total amount provided, $8,999,170,000 is derived from general-purpose discretionary funds and $125,000,000 is scored as mandatory spending.
The Committee recommendation includes a total of $6,576,526,000 for the discretionary appropriations accounts under Administration of Foreign Affairs; $2,286,645,000 for the accounts under International Organizations; $67,928,000 for International Commissions; and $68,071,000 for Other activities. The Committee's recommended priorities for the Department of State are detailed in the following paragraphs.
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
The Committee recommends $4,505,084,000 for the Diplomatic and Consular Programs account, including $795,170,000 to continue funding for worldwide security upgrades, and $351,000,000 for public diplomacy international information programs.
This appropriation provides for the formulation and execution of United States foreign policy, including the conduct of diplomatic and consular relations with foreign countries, diplomatic relations with international organizations, and related activities. This account includes funding for the regional, program, and operations bureaus and offices of the Department of State and the Foreign Service.
The recommendation represents a decrease of $146,789,000 below the request, and an increase of $185,350,000 above the current year, including supplemental amounts. Within this total, the recommendation of $795,170,000 for worldwide security upgrades is $114,454,000 above the fiscal year 2006 level and the same amount as requested. Security funding increases are described under the `Worldwide Security Upgrades' section below:
Staffing Increases.--The Committee endorses the Department's proposal to augment and shift personnel resources to high-priority diplomatic requirements, including new positions for expanded emphasis on India, China, Brazil, Egypt, Indonesia, and South Africa; new positions for the Office of the Coordinator for Reconstruction and Stabilization; and new positions for critical needs language training, including Arabic, Chinese (Cantonese and Mandarin), Dari, Pashto, Korean, and Farsi.
Since 2001, the Committee has provided increases under the diplomatic and consular positions totaling 2,254 new positions above attrition for the State Department, an increase of 15.3 percent.
Worldwide Security Upgrades.--The Committee recommendation includes $795,170,000, the full amount requested under Diplomatic and Consular Programs, for the costs of worldwide security upgrades, an increase of $114,454,000 above the current year level. The recommendation includes $681,839,000 for ongoing security activities, including guard services, physical security equipment, armored vehicles, chemical/biological program, personnel, training, and wireless communications; $42,846,000 to continue the perimeter/compound security initiative; and $70,485,000 in security staffing program increases, including $35,019,000 for Afghanistan security. The recommendation will provide an increase of 50 positions and $30,485,000, including 35 Special Agents and 15 security engineering and technical support personnel. Including the 50 new positions provided in 2007, the Committee has provided 784 new positions for a total of 1,295, an increase of 153.4 percent since 2001.
Public Diplomacy Programs.--In 1999, the United States Information Agency (USIA) programs were merged within the Department of State. At that time, the position of Under Secretary of State for Public Diplomacy and Public Affairs was established. Since then, the Committee has prioritized public diplomacy programs and has included language, designating amounts specifically for public diplomacy efforts. For fiscal year 2007, the recommendation provides $351,000,000 for Public Diplomacy programs under this account, an increase of $21,266,000 above the current year. Within the amounts provided, $268,059,000 is for the regional bureaus, $62,661,000 is for the Bureau of International Information Programs, and $20,280,000 is for the functional bureaus/other support costs and payments.
The need to strengthen our public diplomacy continues to gain urgency as we see alarming public opinion polls and foreign media content relating to the war on terrorism and the war in Iraq that reveal profound anti-American sentiments, and often a rejection of our policies. The need for expanded efforts is primarily, but not exclusively, in the Arab and Muslim world.
The Committee commends the recent efforts of the Department to transform the Department's public diplomacy programs and institutionalize reforms. The Committee supports encouraging members of the State Department to speak on the record; integrating public diplomacy into policy; strengthening the public diplomacy specialty; recognizing public diplomacy skills as criteria for promotion for all Foreign Service; and implementing a rigorous evaluation process of all public diplomacy programs.
Further, the Committee commends the recent steps taken to increase efforts to counter disinformation and deliberate misinformation by monitoring hostile media and providing U.S. spokespersons and foreign media with factual information to respond to and to counter, malicious propaganda about the United States. The Department has greatly expanded U.S. media presence in Arab and regional media, and the number of media interviews by the Department in Arabic has increased more than four times over the number prior to 2005. The Committee strongly urges the Department to continue to improve U.S. efforts to communicate with the Arab and Muslim world in local languages.
The Committee is concerned by negative perceptions about the U.S. among foreign publics. More must be done to understand the sources of such perceptions. The Committee commends the efforts of the Department to enlist external expertise to better understand what actions the United States Government (USG), non-profit organizations, the business community, civic society and other actors should take to improve the perception of the U.S. among foreign publics; actions the USG and others can take to direct young, educated people in the Muslim world away from extremism and violence; how public diplomacy can best contribute to effecting real change in the Middle East; and how to increase the recognition of America as the world's leading donor of food, technology, and financial aid.
The Committee continues to believe that separately identifying public diplomacy resources will facilitate the Committee's ability to monitor funding levels and trends for these activities. The amount identified for public diplomacy programs includes the costs of personnel and programs throughout the Department. The Committee expects the Department to identify any impediments to optimal performance of public diplomacy programs and propose any necessary changes, including organizational changes, through the reprogramming process. The recommendation for public diplomacy will support the continuation of programs in the Arab and Muslim world, which have been expanded since fiscal year 2002. The Committee directs the Department to provide quarterly reports to the Committee, beginning three months after the enactment of this Act, on the steps taken to increase efforts to counter anti-American sentiments around the world.
The Committee considers United States Government-sponsored international broadcasting to be an essential component of public diplomacy. The Committee expects the State Department to assist the Broadcasting Board of Governors in ensuring that U.S. broadcasting programs provide a balanced and comprehensive presentation of U.S. policy. Since September 11, 2001, the Committee has made significant investments to expand international broadcasting efforts, primarily in the Arab and Muslim world.
Intelligence and Research.--The Committee recommendation includes a total of $52,359,000, an increase of $1,000,000 and 5 positions above the requested level of funding for the Bureau of Intelligence and Research to focus on preventing terrorism, resolving regional conflicts, preventing and curtailing the proliferation of weapons of mass destruction, and anticipating and responding to humanitarian crises. The Committee expects the Office to expand its survey programs in Arabic and Muslim-majorities countries.
Border Security Program.--The recommendation includes $1,128,769,000 for the Department's Border Security program, $682,969,000 is funded through collection of Machine Readable Visa (MRV) fees, $120,000,000 is funded through the collection of the Western Hemisphere Travel Surcharge, $31,800,000 is funded through Fraud Prevention fees, and $294,000,000 is to be funded through the Enhanced Border Security Program Fees and Visa Fraud Fees. The total amount is an increase of $93,794,000 above the fiscal year 2006 program level. This funding level includes a program increase of 135 new positions for a total position base of 2,939 positions by the end of fiscal year 2007, an increase of 42.7 percent above attrition since 2001. The Committee understands these new positions are needed to handle the increased domestic passport workload as well as changes in the visa process, including more extensive interviewing of applicants and the implementation of biometric collection. The Committee directs the Department to continue its bimonthly reporting on MRV fee revenue as specified in the conference report accompanying the fiscal year 2003 Supplemental Appropriations Act (Public Law 108-11), and begin reporting on Western Hemisphere Travel Initiative fee revenue as provided through the Passport Security Enhancement Act of 2005 (Public Law 109-167).
The Committee urges the Department to continue to work on an interagency basis to strengthen the visa process to make it an effective anti-terrorism tool, while avoiding the creation of unnecessary barriers or delays to legitimate travel to the United States.
Fingerprint Technology Standards.--In a December 2004 report, the Inspector General of the Department of Justice concluded that the Departments of Justice, Homeland Security, and State had not agreed on a uniform fingerprint technology standard nor had they agreed on how to develop a fully interoperable system that provides law enforcement agencies with readily and easily available access to Homeland Security records. Recently, the Committee was informed that a uniform 10-fingerprint technology standard has been adopted. The Committee recommendation includes $10,000,000 to be derived from fee collections for a pilot study. The Committee expects the State Department to work with the Departments of Justice and Homeland Security to implement expeditiously a fully interoperable system to share Homeland Security records.
Interagency Task Force.--The recommendation continues base funding for costs associated with the operation of a U.S. Government interagency task force to monitor the United Nations headquarters renovation project.
Minority Recruitment and Hiring.--The Department is directed to continue base funding for the educational partnership with Hostos Community College and Columbia University. This program supports the Department's ongoing efforts to increase minority hiring and diversity by facilitating the preparation of non-traditional and minority students for careers in the Foreign Service and the State Department. The Committee also expects the Department to continue base funding for an ongoing partnership with Howard University in support of the Department's efforts to enhance the diversity of the U.S. diplomatic corps by increasing the number of underrepresented minorities in foreign relations and international affairs careers. These resources are to continue and expand the successful collaborative partnership between the Department and Howard University to recruit and prepare students from various institutions with large minority populations for positions in the U.S. Foreign Service.
Overseas Schools.--The Committee commends the consolidated Overseas Schools Assistance Program for its accomplishments in enhancing educational opportunities for children of American families living overseas. This program fulfills a two-fold purpose of providing a quality American-style education for children of U.S. citizens assigned overseas and demonstrating the best practices in American education to children of other countries and local educators. In addition, the Committee commends the continuing contribution of the Overseas Schools Advisory Council and its annual Program of Educational Assistance that helps to provide educational excellence to American overseas schools. The Council also promotes financial and in-kind support to these schools from U.S. businesses and foundations, as well as participation in support activities of these schools by American firms' employees and their spouses stationed abroad.
Tibet.--A number of provisions in the Tibetan Policy Act fall under the jurisdiction of the Department of State including provisions concerning establishment of a U.S. presence in Lhasa; Tibetan language training and requirements for Foreign Service officers; promotion of advocacy on religious freedom in Tibet; necessary support for the Office of the Special Coordinator for Tibetan Issues; and the need to raise inter-departmental awareness of the provisions of this legislation. The Committee urges the relevant bureaus and offices within the Department to ensure the full implementation of the Tibetan Policy Act.
In view of the Department of State's report to the Committee on implementation of the Tibetan Policy Act of 2002, the Committee recognizes the important role played by the Special Coordinator for Tibetan Issues in implementing this Act. To this end, the Committee recommendation continues $1,000,000 for salaries and expenses for an office to support the Coordinator in carrying out the broad responsibilities detailed in Section 621(d) of PL 107-228, as well as for convening coordinating meetings for appropriate United States Government agencies, non-governmental organizations, and representatives of the Tibetan leadership. The Committee expects that the office will consist of approximately three professional full-time staff and such support staff as may be needed, in addition to the Special Coordinator.
Stabilization and Reconstruction.--The Committee strongly supports the work of the Office of the Coordinator for Reconstruction and Stabilization. The Committee understands that this office will be the central entity to plan and coordinate United States Government civilian activities in pre- and post-conflict environments, and to coordinate the U.S. government reaction to complex contingencies. Further, the Committee understands that this office would improve operational response time in the areas of reconstruction, stabilization, and humanitarian assistance. The recommendation supports new positions for the Office.
Trafficking in Persons.--The Committee continues to be concerned about the serious problem of international trafficking in persons. The Committee recommendation increases the staff level of the Office to Monitor and Combat Trafficking in Persons. The Committee expects the Department to increase the number of personnel dedicated to the efforts of the Office by five in 2007. The Committee expects this Office to further strengthen the annual reporting process and those of the Department-led Senior Policy Operating Group to coordinate interagency activities to implement the Trafficking Victims Prevention Act of 2000. The recommendation assumes continuation of grant programs regarding trafficking in persons.
The Committee shares the view of the TIP Office that demand reduction activities are critical components of successful anti-trafficking campaigns and that equal weight should be given to anti-supply and anti-demand efforts in anti-trafficking campaigns. Further, the Committee believes that a Special Watch List placement is intended to serve as a short-term designation for countries, during which those countries either achieve significant reform or receive Tier III status. Strong grounds exist for not designating countries for the Special Watch List for more than one year, and the Committee believes that consecutive Special Watch List designations should be limited to extreme cases.
Environment.--The Asia-Pacific Partnership on Clean Development and Climate promises to accelerate the development and deployment of clean energy technologies. The Partnership should advance the goal of enhancing energy security, reducing harmful air pollution, and reducing greenhouse gas emissions intensity in the context of sustained economic growth. The Committee supports Department efforts to expand the Partnership.
Exports.--It has been brought to the Committee's attention that the policy of the Directorate of Defense Trade Controls for the export of small arms lacks clarity. The competitiveness of U.S. manufacturers in the international marketplace is disadvantaged with unclear export policies. The Committee urges the Department to clarify such policies.
International Cooperative Administrative Support Services system (ICASS).--The ICASS system was intended to empower all U.S. government agencies located at an overseas post to more efficiently and economically provide administrative support services. The Committee expects that all overseas posts adopt the ICASS system.
International Religious Freedom.--The recommendation continues funding for the Office of International Religious Freedom in the Bureau of Democracy, Human Rights and Labor. The Committee continues to support the integration of religious freedom into United States foreign policy. The Committee expects the Office to develop and implement comprehensive strategies to promote religious liberty, and to assist in the preparation of the Human Rights Reports and the annual Report on International Religious Freedom. The Committee also expects the Office, in consultation with the Commission on International Religious Freedom, to work to further incorporate religious freedom themes in the Department's public diplomacy programs. In addition, the Committee expects the Department to continue to integrate the internationally recognized right to freedom of religion into Foreign Service Officer training at all levels. The Director of the National Foreign Affairs Training Center should work with the Ambassador at Large for International Religious Freedom and the U.S. Commission on International Religious Freedom on incorporating international religious freedom issues, including materials, curriculum, and innovative ways to integrate religious freedom issues into the training modules.
Web Posting of U.S. Human Rights Reports.--One way of sharing American values is to highlight our belief in the importance of human rights around the world. To further this effort, the Committee supports the posting of the U.S. Country Reports on Human Rights Practices, the Annual Report on International Religious Freedom, and the Trafficking in Persons Report on all U.S. Embassy websites. The Committee commends many of the U.S. embassies that have translated these reports into the official languages of the host countries. Unfortunately, a few embassies have not complied with prior committee direction to make these reports available. Therefore, the Committee expects to be notified by January 31, 2007, of any U.S. Embassy not in compliance with the Committee's direction to post in English as well as in the official language of host country.
Right-Sizing the U.S. Government Presence Overseas.--The Committee continues to define right-sizing as the reconfiguration of overseas U.S. Government staff to the number necessary to achieve U.S. foreign policy goals. The Committee is convinced, and agrees with the recommendation of the Overseas Presence Advisory Panel, that rationalizing staffing and operations abroad has the potential for significant budgetary savings. It costs two to three times as much to maintain an employee outside of the United States as it does within the United States. The notion of right-sizing as a desirable means to improve security and gain efficiencies implies that the current number of overseas staff in some locations is greater than the minimum number necessary, and that the presence of a number greater than the minimum number presents an unnecessary and unacceptable financial and security burden. Given the security requirements for the U.S. mission in Iraq, the Committee strongly urges the Department to use the most stringent criteria for determining staffing levels. As part of the overall right-sizing function, the Committee encourages the Department to review the ICASS system and fully explore how ICASS can contribute to rightsizing efforts. The Committee has outlined its concern regarding the right sizing of the U.S. government presence overseas in report language since fiscal year 2001 and has included bill language designating funding for the Office of Right Sizing the United States Government Overseas Presence since fiscal year 2004. The Committee remains frustrated by the lack of progress in meeting the intended results. Recognizing the difficulties inherent in changing world situations and conditions in specific host countries requiring movement of mission objectives, nevertheless, the Department has instances of overly optimistic staffing projections that have not been realized. These projections have led to new facilities with vacancies at the same time the Department is seeking ambitious growth in nearby posts. With increased security concerns and decreasing budgets, the Committee is steadfast in its belief that a more rigorous approach is necessary.
Victims of Terrorism Compensation.--The Committee directs the Administration, including the State Department, to produce a comprehensive legislative proposal to the Committees of jurisdiction to provide just and equitable compensation for all victims of international terrorism and their surviving family members, including U.S. foreign service, military, foreign service nationals, and civil servants. The Committee expects this proposal to be presented to the Congress within 60 days of enactment of this Act.
Intellectual Property Rights (IPR) Enforcement.--Experts report that pirating and counterfeiting has grown to an estimated $200 billion a year problem and the theft of artistic and scientific creation is draining our economy. The Committee notes the United States has not yet taken an intellectual property rights enforcement case against its trading partners to stem the hemorrhaging of U.S. intellectual property. The embassies in key markets, including China, Russia, and Brazil should conduct market surveys to determine methodologies/benchmarks for measuring levels of piracy and counterfeiting, and to conduct market research to determine the actual levels of piracy/counterfeiting. The Committee expects the Department to work closely with industry and to work with economist/market research firms, as practicable.
Some of China's IPR problems are attributable to rogue provinces and localities that do not adhere to IPR directives of the central government. The U.S. government including the State Department and the United States Trade Representative's Office should develop expertise on the situation in key provinces, and increase dialogue with officials in those provinces to enable the implementation of IPR commitments.
The Committee has included language in the bill, similar to language in prior years, which: (1) permits not to exceed $4,000,000 to be transferred to the Emergencies in the Diplomatic and Consular Service account for emergency evacuations and terrorism rewards; (2) provides $1,513,000 in fees collected from other Executive Branch agencies and $490,000 from reserves for lease or use of facilities at the International Center Complex, as authorized by law; (3) provides not to exceed $15,000 from reimbursements, surcharges, and fees for use of Blair House facilities in accordance with the State Department Basic Authorities Act of 1956; (4) requires notification of Congress before processing licenses for the export of satellites to China; and (5) makes not to exceed $6,000,000 in fee collections available until expended for various activities.
CAPITAL INVESTMENT FUND
The Committee recommends $58,143,000 for the Capital Investment Fund.
In addition, the budget request estimates that $207,643,000 in expedited passport fees will be used to support the information technology modernization effort, for a total fiscal year 2007 spending availability of $265,786,000.
The entire amount available under this heading, including fees, will support investments in new information technologies and infrastructure to improve the efficiency of Department operations.
Since 2001, the Committee has invested more than $1,470,000,000 in the Department's global information technology infrastructure to enable rapid and reliable communication between Washington and the more than 300 locations worldwide, while maintaining the highest possible standards of security of government information. The Committee expects the Department to maintain and protect this investment.
The Committee is concerned regarding the recent program setbacks in regard to the State Messaging and Archive Retrieval Toolset initiative. This initiative was designed to integrate all Department systems through which people exchange information, including the outmoded telegram system. This single web-based system would have advanced the goals of the Foreign Affairs Systems Integration project, which received funding in previous years, namely enhancing the ability of employees to communicate across agency and geographic boundaries. The Committee is concerned that in such a funding and security environment, greater oversight must be provided to the State Department's IT infrastructure investment. In addition, the recommendation includes $7,139,000 for public key infrastructure requirements, to maintain secure interagency communications.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $32,508,000 for the Office of Inspector General (OIG), which is the same as the request, and $2,862,000 above the current year level. The Inspector General conducts oversight of the State Department and the Broadcasting Board of Governors. The Committee continues to highlight the requirement for OIG oversight of the Department's efforts to implement worldwide security upgrades.
The Committee recommendation includes language, as in previous years, waiving the statutory requirement that every post be inspected every five years, in order to provide greater flexibility to the Inspector General to use resources in the most critical areas.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The bill includes a total of $436,275,000 for the Educational and Cultural Exchange Programs of the Department of State. This amount is $10,000,000 above the fiscal year 2006 level, and $38,013,000 below the budget request.
Funding provided under this heading supports international educational and cultural exchange programs, including the Fulbright student and scholar exchanges and the International Visitors Program, as well as related staff and administrative costs. To the maximum extent possible, the Committee urges that the following exchange programs be supported: the Congress-Bundestag youth exchange program; the disability exchange clearinghouse; foreign study grants for U.S. undergraduates; Future leaders exchange programs; Teaching Excellence Awards and Partnerships in Education; Educational advising in Eurasia; Muskie Graduate and Ph.D. Fellowships; Youth Exchange and Excellence Award programs; the Junior Faculty Development program; educational advising and counseling; citizen exchange programs; inter-parliamentary exchanges; youth science leadership exchanges; American overseas research centers; international forum on democracy; university consortium; Mitchell Scholarships; and exchanges with Tibet, the South Pacific, and Timor Leste. Regarding the Congress-Bundestag Program, the Committee intends that the amount provided will support 380 exchanges in fiscal year 2007, the same level as in fiscal year 2006.
Regarding Fulbright exchanges with Tibet, the Committee expects that sufficient resources will be allocated to provide for 25 Tibetan scholars for the academic year. The Committee continues to support artistic and cultural exchange of persons programs as an important component of foreign policy. Within the levels provided, sufficient funds should be made available to continue such exchanges. Further, the Bureau of Educational and Cultural Affairs is expected to work with the Bureau of Consular Affairs to minimize unnecessary barriers or delays to legitimate travel to the United States for the purpose of such exchanges.
The Committee recommendation continues the same level of funding for the Ngwang Choepel Fellows program as provided in the Committee-approved 2006 spending plan.
The Committee recommendation continues enhanced support for programs to engage Arab and Muslim audiences through educational and cultural exchanges as the highest programmatic priority under this account. The Committee expects the Department to allocate adequate funding to continue and expand Fulbright Exchanges (including American Studies), English Language Programs (including English Language Fellows), International Visitor programs, and Values/Religious Tolerance programs (including cultural exchanges) for these audiences.
The Committee remains supportive of efforts to expand programming to the Arab and Muslim world, including efforts to target promising individuals not naturally drawn to Western sources of information, who live outside the capital cities and do not attend elite institutions. The Committee does not eliminate funding for the Partnership for Learning Undergraduate Studies program. The micro-scholarship program is one such way to reach this audience by providing English language training to non-elite audiences, with the hope that learning English will open a window to the English-speaking world, helping to dispel misinformation and misunderstandings that can breed resentment of the United States and its citizens.
The Committee supports exchange programs for foreign visitors and students on religious freedom, the relationship between religion and the state, and the role of religion in civil society. The Department of State is urged to expand existing religious freedom programs and consider new initiatives in its Educational and Cultural Exchange programs. The Department should consult with the U.S. Commission on International Religious Freedom on specific countries in regards to tailored programs for visitors and students from those countries.
Thousands of young Americans, including high school students, travel abroad to study. The families of these students often have difficulty determining the merits of private exchange programs. The Committee expects the Department to increase awareness of the resources available to assist families in the selection of exchange programs.
The Committee recommendation includes a limitation of not to exceed $2,000,000 on the use of fees or other payments received from or in connection with English teaching, educational advising and counseling, and exchange visitor programs as authorized by law.
The Committee expects that a proposal for the programmatic and geographic distribution of available resources (including unobligated balances and recoveries) will be submitted through the normal reprogramming process within 60 days from the date of enactment of this Act. The Committee expects that the overall funding distribution will conform to the programmatic and geographical guidance above.
REPRESENTATION ALLOWANCES
The Committee recommends $8,175,000 for representation allowances authorized by section 905 of the Foreign Service Act of 1980. This amount is the same amount available in fiscal year 2006 and $26,000 below the budget request. These funds are used to reimburse Foreign Service Officers for expenditures incurred in their official capacities abroad in establishing and maintaining relations with officials of foreign governments and appropriate members of local communities. The Department shall submit a quarterly report to the Committee containing detailed information on the allotment and expenditure of this appropriation.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The Committee recommends a total of $9,270,000 for the Protection of Foreign Missions and Officials account. This is $18,000 below the request and the same amount available in fiscal year 2006.
This account reimburses local governments and communities for the extraordinary costs incurred in providing protection for international organizations, foreign missions and officials, and foreign dignitaries under certain circumstances. The Committee believes that local jurisdictions incurring such costs must submit a certified billing for such costs in accordance with program regulations. The Committee also believes that, in those instances where a local jurisdiction will realize a financial benefit from a visit by a foreign dignitary through increased tax revenues, such circumstances should be taken into account by the Department in assessing the need for reimbursement under this program. The Committee expects the Department to treat such submissions diligently and provide reimbursement to local jurisdictions on a timely basis if claims are fully justified.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The Committee recommends a total appropriation of $1,505,020,000 for Embassy Security, Construction, and Maintenance. This amount is $15,294,000 above the amount available in fiscal year 2006 (excluding supplemental rescission) and $34,509,000 below the budget request. The recommendation designates $899,368,000 as available only for priority worldwide security upgrades, acquisition, and construction, the full amount requested for such activities. The recommendation includes $605,652,000 for non-security related costs, which is $14,500,000 above the amount provided in fiscal year 2006 and $34,509,000 below the budget request.
This account provides funds to manage U.S. Government real property overseas and maintain Government-owned and long-term leased properties at approximately 260 posts, and to lease office and functional facilities and residential units, not only for the Department of State, but also for all U.S. employees overseas.
The Committee recognizes the Bureau of Overseas Buildings Operations on becoming the first Federal agency to achieve `green' status on the President's Management Agenda scorecard for the Federal Real Property Asset Management Initiative.
Worldwide Security Upgrades.--The Committee recommendation includes $899,368,000 for security projects, the full amount requested and an increase of $794,000 over the fiscal year 2006 level, to continue the capital security program of constructing new secure replacement facilities for the Department's most vulnerable embassies and consulates and providing additional security measures and upgrades. The Committee expects that projects undertaken under this program will address the security of the highest priority facilities. In previous fiscal years, the Department has proposed to reprogram funds under this activity for projects that do not address top priority security vulnerabilities and for projects that will not result, when complete, in a facility that meets existing security standards. The Committee expects that worldwide security funds will be used only for projects that meet these specifications. The Committee recommendation will support the construction of an estimated ten new embassy compounds, and the acquisition of a number of secure sites for future embassy compound construction.
The Committee recommendation also includes $83,988,000, the amount requested, to continue the compound security upgrade program. The Committee understands that this program includes the installation of forced entry/ballistic resistant roof hatches, vault doors and power-assisted vehicle barriers, and other similar measures. The Committee expects that this funding will also provide physical security improvements to residential compounds and other locations where American citizens gather. Priority should be given to residential and compound security. The Committee continues its expectation for proactive action to anticipate new emerging security threats.
The Committee expects that a proposed spending plan for the entire amount of available resources for worldwide security upgrades will be submitted through the normal reprogramming process within 60 days of the date of enactment of this Act. The Department shall notify the Committee immediately if there are any facilities that the Department believes face serious security risks.
The Committee continues to support the Capital Security Cost Sharing Program. Under this program, all agencies that have staff overseas under Chief of Mission authority pay a fair share of urgent, security-driven capital projects undertaken to replace embassies and consulates at the most vulnerable posts. The goals of this program are twofold. First, the program accelerates the replacement of unsafe, unsecured and outdated diplomatic facilities that are used overseas by U.S. Government agencies. This is planned as a 14-year, $17,500,000,000 program to replace 150 vulnerable embassy and consulate facilities with new compounds that fully comply with statutory security requirements. Second, the program will create incentives within all government departments and agencies to scrutinize and `right-size' their overseas presence to avoid unnecessary costs and security risks. Each agency with staff overseas under Chief of Mission authority has, built into their fiscal year 2007 budget request, an annual contribution towards construction of new secure diplomatic facilities based on the number of positions overseas and the type of space occupied. These contributions do not take the place of State Department contributions, which are also growing, but create a larger, shared funding pool to accelerate replacement.
The recommendation assumes a total program level of $1,223,276,000 in fiscal year 2007 for Capital Security Construction, including $800,599,000 under this account, $60,000,000 from other reimbursements, and $362,717,000 from non-State agencies, based on positions worldwide. Of this total, the additional amount generated by the Capital Security Cost Sharing program is $1,036,873,000; which consists of $674,156,000 from the State Department that is included in the recommendation under this account, and $362,717,000 from non-state agencies. The Committee understands that there is an anticipated five-year phase-in period for the program, wherein the total Government-wide amount grows from $1,036,873,000 in fiscal year 2007 to $1,400,000,000, then remains at that level for the next 7 years. The Committee further understands that the program will include agency involvement in setting priorities and in other aspects of the development of new embassy compounds. The Committee believes that the establishment of strong interagency coordination and cooperation will be critical to achievement of program goals and encourages the Department and the Administration to ensure that the management of this program is inclusive, cooperative and transparent.
The Committee recommendation provides $605,652,000 for operations and maintenance activities, which is $34,509,000 below the request, and $14,500,000 above the current year level. The Committee notes that the requested amount included $49,009,000 in program increases. The Committee recommendation also includes $10,808,000 for headquarters operations. The Committee directs the Department to prioritize requested funding increases and to specifically identify amounts above current services in a comprehensive spending plan to be submitted no later than 60 days after enactment of this Act.
Assets Management- The budget request designates $92,265,000 in assets management funds planned for obligation in fiscal year 2007. The Committee expects that these funds will be used for opportunity purchases to replace uneconomical leases and for other priority capital acquisition purposes. In addition, as in previous years, the Committee expects that assets management funds will continue to be allocated in part to security construction needs. Any use of these or additional assets management funds in fiscal year 2007 is subject to reprogramming. In addition, with respect to the requirement that a reprogramming for any major new start be submitted, the Committee understands that requirement to mean that any rehabilitation or construction projects involving an ambassador's residence will be subject to the requirement. In addition to regular reporting provided to the Committee on acquisition and disposal of overseas property, the Department shall submit a report to the Committee by November 6, 2006, listing all properties disposed of, or in process for disposal, along with associated actual or anticipated proceeds of sale, at posts which have had funding approved for the construction of a new secure compound in, or after, fiscal year 1999.
The recommendation continues language carried in the bill in previous years that prohibits funds from being used for acquisition of furniture and furnishings and generators for other departments and agencies.
The Committee commends the Bureau of Overseas Buildings Operations (OBO) for continuing its internal management innovations to increase performance and accountability, to streamline operations, and to control costs. Recognizing that the increased complexity of a growing program of construction, real estate, operations/maintenance, and planning activities requires greater technological and information systems integration, the Committee encourages OBO to pursue development of integrated building management systems. Such technology upgrades to integrate disparate legacy systems will protect the large and continuing investment of taxpayer resources in overseas properties and those who occupy them. The Committee has provided sufficient resources to support this effort.
The Committee expects that new embassy projects advanced by the Department will have been properly planned and right-sized, with regional considerations, projecting anticipated needs and requirements by the date submitted to Congress. In rare circumstances where global conditions dictate a significant change in requirements after Congress has approved funding for a specific project, the Department should be proactive in informing Congress and requesting any additional funding without risking execution of projects already approved.
Right-Sizing the U.S. Government Overseas Presence.--The Committee directs the Office of Overseas Buildings Operation to work closely with the Office on Right-Sizing the U.S. Government Overseas Presence to ensure that projected staffing levels for new embassy compounds are prepared in a disciplined and realistic manner and that these estimates become a basis for determining the size, configuration and budget of new embassy compound construction projects. In addition, the Committee notes several instances of requests made to the Committee for new embassies predicated upon vacating dysfunctional and insecure facilities currently occupied, or upon the need to move to new capital cities, where the Department has not abided by its original commitment to vacate or limit the residual presence in formerly occupied posts and properties. The justification for all facilities projects funded under this account must include a full explanation of regional efficiency and security planning, and related staffing assumptions. Such projects will not be approved for funding absent evidence of the application of a uniform right-sizing methodology.
Beijing Embassy.--The Committee anticipates the construction of the Beijing New Embassy Compound (NEC) to be completed on time and on budget with occupancy scheduled for Spring of 2008. With the 2008 Summer Olympics scheduled to be held in Beijing, China, the Committee expects the Department to maintain existing facilities in Beijing through this time period. At that time, the Committee shall receive an update on the planned decommissioning of the currently occupied buildings to achieve the best value for the government.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The Committee recommends $4,940,000 to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service. This amount is $4,932,000 below the fiscal year 2006 appropriation, excluding supplemental appropriations, and the same as the request. In addition, the Committee expects carryover balances to be available for obligation in fiscal year 2007. Funding provided in this account is available until expended.
The Committee has included a provision in the bill that permits up to $1,000,000 to be transferred from this account to the Repatriation Loans Program account, as requested in the budget. This provision will ensure an adequate level of resources for loans to American citizens through the Repatriation Loans Program account should that account require additional funds in fiscal year 2007 due to an unanticipated increase in the number of loans.
This appropriation provides resources for the Department of State to meet emergency requirements in the conduct of foreign affairs. The Committee recommendation provides funds for: (1) travel and subsistence expenses for relocation of American employees of the United States Government and their families from troubled areas to the United States and/or safe-haven posts; (2) allowances granted to State Department employees and their dependents evacuated to the United States for the convenience of the Government; and (3) payment of rewards for information concerning terrorist activities.
REPATRIATION LOANS PROGRAM ACCOUNT
The Committee recommendation includes $695,000 for the subsidy cost of repatriation loans and $590,000 for administrative costs of the program as authorized by 22 U.S.C. 2671, which is $17,000 below the amount available in fiscal year 2006 and the same as the budget request.
This account provides emergency loans to assist destitute Americans abroad who have no other source of funds to return to the United States.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The Committee recommends $15,826,000 for the appropriation entitled `Payment to the American Institute in Taiwan'. The recommended level is $3,673,000 below the fiscal year 2006 appropriated level and the same as the request. The recommendation, combined with $3,763,000 derived from visa fee revenues, will continue the amount available in the current year. The Institute is authorized to collect Machine Readable Visa fees, as well as reimbursements from agencies and user fees from trade show exhibitors.
The Committee expects that the American Institute in Taiwan (AIT) will cover anticipated operating expenses in fiscal year 2007 through a combination of appropriations and visa fee revenues. The Committee expects the Department to submit by November 1, 2006, an AIT spending plan for fiscal year 2007, indicating the total amount of estimated fee collections, the amount of such fee collections allocated for operating expenses, and the total amount planned for operating expenses from all funding sources.
The Taiwan Relations Act requires that programs concerning Taiwan be carried out by the American Institute in Taiwan and authorizes funds to be appropriated to the Secretary of State to carry out the provisions of the Act. The Institute administers programs in the areas of economic and commercial services, cultural affairs, travel services, and logistics. The Department of State contracts with the American Institute in Taiwan to carry out these activities.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The Committee recommends $125,000,000 for the appropriation entitled `Payment to the Foreign Service Retirement and Disability Fund'. This amount is the full budget request and $6,700,000 below the amount appropriated for fiscal year 2006. The amount provided in the Committee recommendation is required to amortize the unfunded liability in the system, as documented by the annual evaluation of Fund balances.
This appropriation, which is considered mandatory for budget scorekeeping purposes, is authorized by the Foreign Service Act of 1980, which provides for an appropriation to the Fund in 30 equal annual installments of the amount required for the unfunded liability created by new benefits, new groups of beneficiaries, or increased salaries on which benefits are computed. The Retirement Fund is maintained through contributions made by participants, matching government contributions, special government contributions (including this account), interest on investments, and voluntary contributions.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The recommendation includes a total of $1,151,318,000 for payment of obligations of United States membership in international organizations as authorized by conventions, treaties, or specific Acts of Congress for fiscal year 2007. This amount is $117,205,000 below the request, and the same amount available in fiscal year 2006.
The amount provided in the bill is intended to pay assessments for membership in international organizations, including the United Nations (U.N.). Funding in the bill is consistent with the U.S. policy of zero nominal growth for the United Nations budget.
In addition, the amount provides funding for assessments for membership in the North Atlantic Treaty Organization and the related North Atlantic Assembly, International War Crimes Tribunals for Rwanda and the former Yugoslavia, the Organization of American States, the International Atomic Energy Agency, and the Pan American Health Organization.
Estimates of the amount required to cover fiscal year 2007 assessments have varied based on the most recent foreign currency exchange rates for the dollar, which has fluctuated since the budget request was formulated. The Committee expects that these exchange rate fluctuations may result in losses. The Department may propose to offset these by transfers from other accounts, or deferring some activities included in the request that do not require funding in fiscal year 2007.
Reassessment of U.S. Membership in International Organizations- The Committee notes, with approval, the Department's actions to formally withdraw from certain international organizations where continued U.S. participation was determined to be a low priority in the context of overall U.S. national interests. The Committee continues to support the comprehensive reassessment of U.S. membership in each of the 45 international organizations for which funding is requested under this account, and to insist that the Department take the necessary measures to operate within the amount of funds provided under this account.
The Committee expects the Department to take immediate action to evaluate and prioritize United States participation in, and funding for, international organizations. In a climate of limited resources the Committee continues to insist that the Department live within appropriated amounts, prioritize as necessary among organizations according to policy goals, take steps as necessary to withdraw from lower priority organizations, and refrain from entering into new commitments.
China's U.N. Assessment Rate.--China's real gross domestic product (GDP) is growing exponentially. Real GDP growth for China is estimated at 9.5 percent for 2005. Yet, China's U.N. assessment rate remains at two-percent. The Committee commends the efforts of the Department to work to ensure equity in the assessment rates. Further, the Committee directs the Department to report to the Committee within 60 days of enactment of this Act, as to whether the current assessment formula should be revised.
Reform and Budget Discipline.--The Committee continues to insist on reform and budget discipline as a priority for all of the international organizations, including the development of processes to evaluate, prioritize and terminate programs. The Committee believes that the onus is on each international organization and the State Department representatives to those organizations, to reduce overall budgets and eliminate duplicative activities, excessive administrative costs, and inefficient operations.
The Committee continues to insist on improving accountability in the U.N. organizations. Reform of the United Nations must be a top priority for the State Department in fiscal year 2007. The U.S. effort must address a wide range of activities, such as management reform, personnel reform, and budget and program prioritization.
U.N. Regular Budget.--The Committee strongly supports the United States policy of zero nominal growth budgets for international organizations. Toward this end, the Committee expects the Department to insist on the evaluation and prioritization of ongoing U.N. programs and activities, so that in the event of unanticipated requirements budget offsets may be taken from activities and programs that have already been determined to be lower-priority by the organization. The Committee continues its direction to find appropriate offsets to accommodate such increases within a zero nominal growth budget. The United Nations Regular Budget biennium 2006-2007 budget totals $3,798,912,500, of which the United States is assessed 22 percent.
Language is included to require that any proposal that would result in the 2006-2007 U.N. biennial budget exceeding the budget level of $3,798,912,500 for 2006-2007 be communicated to the Committee in advance of the formal notification, consideration, and adoption of such a proposal in the General Assembly. The Committee expects the Secretary to notify the Committee in advance of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget.
Overall, the Committee requires more detailed information prior to the United States agreeing to such increases without identifying offsetting decreases and management reforms. Further, the State Department must actively pursue a streamlined budget that reflects the true priorities of the organization, without duplicative and ineffective programs.
Americans Working in the United Nations.--The Committee directs the Department to increase the number of qualified Americans employed by the United Nations and international organizations. The Committee recognizes that Americans provide many skills that can contribute to making the U.N. more efficient, effective and more accountable. The Committee remains dismayed that the representation of Americans in U.N. posts subject to geographic distribution has remained relatively flat since 2001.
North Atlantic Treaty Organization (NATO).--The Committee notes, with approval, the efforts of the Department and the U.S. delegation to establish a cap on the cost of the NATO Headquarters project, and the existence of an agreement between the Department of Defense and the Department of State as to the allocation of costs of the U.S. contribution to the project. To date, the Committee has provided $35,000,000 for the NATO Headquarters project. The Committee continues its direction to the Department to control the costs of this facility and to ensure the facility meets the necessary security requirements. The Department shall keep the Committee apprised of progress on this matter.
International Atomic Energy Agency (IAEA).--The Committee notes, with approval, the IAEA's efforts to increase safeguards efforts to provide essential assurance that nuclear materials used in peaceful nuclear programs are not diverted and misused for nuclear explosive purposes or by terrorists. The Committee recommendation includes full requested funding for the U.S. assessment for IAEA in fiscal year 2007.
Pan American Health Organization (PAHO).-- The Committee continues to support the work done by the Pan American Health Organization (PAHO). PAHO has taken the lead in health issues, including pandemic flu preparation, border health concerns, traffic fatalities, emerging diseases, and other health issues that have an impact on citizens of the United States and all citizens of the Americas. The potential outbreak of a pandemic flu highlights the regional importance of PAHO to the United States. The Committee recommendation includes full requested funding for the U.S. assessment for PAHO in fiscal year 2007.
The Committee understands that the Department and the Administration are making good progress in working with UNESCO on areas of joint priority, including education and literacy, teacher training particularly in sub-Saharan Africa, clean water, natural disaster preparedness, including tsunami warning systems, civic education particularly in the Broader Middle East and North African countries, and press freedom and supports providing the necessary resources to assure continued progress in carrying out worthwhile programs in these areas. The Committee assumes that within the funding provided, sufficient resources will be provided for the U.S. assessment for UNESCO.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Committee recommendation includes $1,135,327,000 for United States payments for Contributions for International Peacekeeping Activities for fiscal year 2007, which is the same as the amount requested in the budget and $113,052,000 above the fiscal year 2006 level.
Disturbing allegations of sex abuse of minors by U.N. peacekeepers and civilian personnel have led to significant reform in the planning and conduct of peacekeeping missions. The Committee strongly urges the Administration, including the State Department, to continue to pursue the recommendations contained in the Prince Zeid report, including personal accountability, and improvements in the systems of justice in troop contributing countries as a means to restore confidence in peacekeeping missions. Further, the Committee directs the U.S. to work to ensure adequate training is provided to peacekeeping personnel prior to deployment.
The Committee remains concerned about the continuing lack of progress in resolving the dispute over the Western Sahara, despite an enormous investment of funds in the U.N. Mission for the Referendum in Western Sahara (MINURSO) peacekeeping mission. The Committee urges the Department to work to encourage a negotiated settlement to the dispute and bring to an end the costly U.N. peacekeeping presence associated with a referendum settlement program that has failed to materialize over the past decade and that the Secretary General and his Personal Envoy abandoned as unworkable four years ago.
The establishment of several large, complex missions over the past few years has tested the capacity of the U.N. to plan and manage such operations successfully. The Brahimi report addressed many deficiencies in U.N. peacekeeping efforts, including problems in doctrine, strategy, decision-making, planning, deployment, support, and information technology. The Committee continues to support efforts to improve the performance and efficiency of U.N. peacekeeping missions through structural and procedural reforms. The Committee also supports efforts to better limit and focus the goals of such missions, and to set specific benchmarks for performance and mission termination.
The Committee continues to support the efforts of the U.N.'s Office of Internal Oversight Services (OIOS) to identify waste, fraud and abuse, including sexual abuse, in peacekeeping operations, and to recommend specific reforms to ensure that such practices are brought to an end. The Committee directs the Department to provide the necessary support to ensure that OIOS oversight is systematically brought to bear on every U.N. peacekeeping mission, including through the presence of resident auditors. The Committee directs the Department to request a performance report on the efforts of this Office to root out the causes of such waste, fraud and abuse.
The bill retains language carried in previous years requiring 15-day advance notice of any new or expanded mission, together with a statement of cost, duration, exit strategy, national interest, and source of funds to pay the cost. In addition, continues language requiring an additional notification that the United Nations has taken appropriate measures to prevent United Nations' employees, contractor personnel, and peacekeeping forces serving in any United Nations peacekeeping mission from trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation and to hold accountable any such individuals who engage in any such acts while participating in the peacekeeping mission.
The bill also retains language requiring certification that American manufacturers and suppliers are provided equal procurement opportunities, and language making a portion of appropriations under this account available for two fiscal years.
INTERNATIONAL COMMISSIONS
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
The bill includes a total of $37,690,000 for the International Boundary and Water Commission, United States and Mexico (IBWC). This amount is $4,815,000 above the amount available in fiscal year 2006 and $4,000,000 above the total budget request for fiscal year 2007. The total amount provided includes $28,453,000 for Salaries and Expenses and $9,237,000 for construction. The recommendation includes language authorizing not to exceed $6,000 for representation expenses, as requested.
SALARIES AND EXPENSES
The Committee recommendation for the Salaries and Expenses account is $28,453,000, which is $810,000 above the amount available in fiscal year 2006 and the same as the budget request. The amount recommended by the Committee provides additional resources for requested wage and price increases. The Committee notes that fluctuations in the Commission's operations and maintenance budgets can result in unanticipated cost savings. Should the Commission experience such savings, the Commission will have the ability to propose, through the section 605 reprogramming process, the use of surplus funds for items not included in the Committee recommendation.
CONSTRUCTION
The Committee recommendation for IBWC construction provides $9,237,000, which is $4,005,000 above the amount available in fiscal year 2006 and $4,000,000 above the budget request.
The recommendation provides funding for ongoing projects as follows: Boundary-wide construction--$850,000; Water Quantity Program--$7,387,000, including funding above the request for the Lower Rio Grande Flood Control Project; and Water Quality Program--$1,000,000. The Committee expects that carryover funding may be available to supplement fiscal year 2007 appropriations. Any allocation of funding, including carryover funding, shall be subject to reprogramming procedures set forth in section 605 of this Act.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The Committee recommends a total of $9,587,000 to fund the U.S. share of expenses of the International Boundary Commission, the International Joint Commission, United States and Canada, and the Border Environment Cooperation Commission for fiscal year 2007. This amount is $324,000 below the amount available in fiscal year 2006 and the same as the budget request. Of the amounts provided, $1,285,000 is for the International Boundary Commission, $6,127,000 is for the International Joint Commission and $2,175,000 for the Border Environment Cooperation Commission, as requested to improve the health and environmental conditions for the U.S.-Mexico border region.
INTERNATIONAL FISHERIES COMMISSIONS
The Committee recommends a total of $20,651,000 to fund the U.S. share of the expenses of international fisheries commissions or related organizations, as well as the travel expenses of the United States commissioners. This amount is $3,043,000 below the amount available in fiscal year 2006 and the same as the budget request. The Committee expects the Great Lakes Fishery Commission funding level to continue at the same level provided in the 2006 spending plan approved by the Committee.
The Committee expects the Department to take immediate action to evaluate and prioritize United States participation in, and funding for, international fisheries commissions. In a climate of limited resources the Committee continues to insist that the Department live within appropriated amounts, prioritize as necessary among commissions according to policy goals, take steps as necessary to withdraw from lower priority commissions, and refrain from entering into new commitments.
The Committee directs the Department to submit a proposed spending plan for the total amount provided under this heading no later than 60 days after the enactment of this Act.
OTHER
PAYMENT TO THE ASIA FOUNDATION
The Committee recommends an appropriation of $13,821,000 for payment to the Asia Foundation for fiscal year 2007, which is the same as the current year level, and $3,821,000 above the request. The Committee continues to support Foundation programs on human rights, higher education, democratic governance, ethnic harmony, religious tolerance and legal/judicial reform in Afghanistan, Pakistan and Indonesia. Further, the Committee supports the efforts of Foundation programs in Cambodia.
The Asia Foundation is a private, nonprofit institution, established to stimulate Asian democratic development and assist the peoples of Asian countries to shape their own destinies.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE
The Committee recommends an appropriation for fiscal year 2007 of interest and earnings from the Center for Middle Eastern-Western Dialogue, expected to total $375,000.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
The Committee recommends an appropriation for fiscal year 2007 of interest and earnings from the Eisenhower Exchange Fellowship Program Trust Fund, expected to total $500,000. The Committee recognizes the important and unique role of Eisenhower Exchange Fellowships in the U.S. Government's worldwide public diplomacy effort. The Committee has urged the Eisenhower Exchange Fellowships, Incorporated (EEF) to fashion its exchange programs to reflect the priority within all public diplomacy programs of building mutual understanding with Arab and Muslim populations worldwide. In this regard, the Committee continues to expect that the selection of foreign and United States fellows will reflect this priority. In addition, the Committee supports a nation-wide, merit-based recruitment and selection process for United States Fellows. The Committee expects EEF and the Department to submit a report to the Committee by November 30, 2006, describing its achievements in these areas.
The Eisenhower Exchange Fellowship Act of 1990 authorized a permanent endowment for the Eisenhower Exchange Fellowship Program to increase educational opportunities for young leaders in preparation for and enhancement of their professional careers and to advance peace through international understanding. The Act established the Eisenhower Exchange Fellowship Program Trust Fund in the United States Treasury for these purposes. A total of $7,500,000 has been provided to establish a permanent endowment for the program, from which the appropriation of interest and earnings is provided to Eisenhower Exchange Fellowships, Incorporated.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The Committee recommends language in the accompanying bill that will appropriate for fiscal year 2007 interest and earnings of the Israeli Arab Scholarship Endowment Fund, expected to total $375,000. A permanent endowment of $4,978,500 for the Fund was established in fiscal year 1992 with funds made available to the United States Information Agency under section 556(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, as amended. The income from the endowment is to be used for a program of scholarships for Israeli Arabs to attend institutions of higher education in the United States.
EAST-WEST CENTER
The Committee recommendation includes $3,000,000 for this account, $15,994,000 below the current year, and $9,000,000 below the request.
The Committee recommendation provides a significantly reduced funding level for the Center's direct sole-source grant from the Federal government. The Committee notes that the Center can solicit contributions and can compete for other Federal grants to support its research and training activities. The Center started receiving a direct grant from the Federal government in fiscal year 1961.
NATIONAL ENDOWMENT FOR DEMOCRACY
The Committee recommends $50,000,000 for the National Endowment for Democracy (NED) for fiscal year 2007, $24,042,000 below the amount provided in fiscal year 2006 and $30,000,000 below the budget request.
The NED is a private, non-profit corporation established to encourage and strengthen the development of democratic institutions and processes internationally through private-sector initiatives, training, and other activities, including those which promote pluralism, democratic governance, civic education, human rights, and respect for the rule of law. The NED provides funding for projects which are determined to be in the national interest of the United States and which are administered by private organizations and groups.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
The Committee recommendation includes $658,903,000 for the Broadcasting Board of Governors, $13,000,000 below the request and $14,893,000 above the fiscal year 2006 level. The appropriation accounts under this heading provide operational funding for the United States non-military, international broadcasting programs--including the Voice of America (VOA), Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia (RFA), Radio and Television Marti, Middle East Television, including Radio Sawa--and the associated facilities, engineering and support activities.
INTERNATIONAL BROADCASTING OPERATIONS
The Committee recommendation includes $651,279,000 to carry out United States International Broadcasting Operations for fiscal year 2007, which is a decrease of $2,338,000 below the request, and $18,022,000 above the fiscal year 2006 level. This account funds the operating and engineering costs of Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, and the Broadcasting Board of Governors (BBG). The recommendation also includes funding for Broadcasting to Cuba under this account. In the request, this funding was proposed under a separate account. The Committee places a priority on broadcasting to China and broadcasting in languages that are important in the context of the global war on terror.
Arabic Broadcasting.--The United States continues to face an enormous challenge to provide the people of Arab and Muslim countries with accurate information about U.S. policies and values. The Committee continues to support efforts to expand the audience of listeners and viewers in the Arab and Muslim world. The Committee recommendation includes $89,366,000 for television and radio broadcasting in Arabic, including Middle East Television and Radio Sawa. The increased level of resources would provide for expanded news capability to 24 hours, including breaking news. The Committee provided initial start-up costs for a television program stream specifically tailored for the Iraqi audience in Public Law 108-106. Developing quality news and entertainment programs in the Arabic language should to the maximum extent possible involve the creative talents of the private and not-for-profit sectors. The Committee continues its direction to the Board to integrate new approaches in developing programming, to more effectively engage key audiences.
Language Service Review and Research.--The Committee continues to support the Board's efforts to objectively and systematically review and evaluate the performance, results, and priority of every U.S. Government-sponsored international broadcasting language service and to propose corresponding reallocations of funds. The Committee endorses this process as a means to improve broadcast quality and meet emerging program priorities within limited resources. The Committee expects that the Board will establish comprehensive performance measures and improve coordination of programming streams across component organizations, including the grantee organizations. The Committee continues to direct the Board to ensure that foreign policy implications are given full consideration before adopting language service review recommendations. The Committee expects the Board to submit a comprehensive report on Language Service Review results and corresponding reallocations of funds, as appropriate. The Committee anticipates that the continuing language service review effort will result in the dedication of additional resources to emerging priority programs, through the normal reprogramming process.
Anti-jamming efforts.--The Committee continues to support initiatives by the BBG to defeat jamming and reach a wider audience for Radio Free Asia and Voice of America broadcasts to China, Tibet, Vietnam, and North Korea. The Committee is aware that new technologies may allow the VOA and RFA to more effectively defeat jamming efforts. The Committee encourages the Board to evaluate the usefulness of these technologies. The Committee expects the BBG to expand such efforts in fiscal year 2007. Further, the Committee supports efforts to counter Internet censorship imposed by China and Iran.
The Committee remains concerned about a potential blurring of the distinction between the international broadcasting conducted by the Broadcasting Board of Governors and that conducted by the Defense Department. While the Committee continues to strongly support all necessary efforts to provide for national security, close collaboration with the Defense Department may foster misunderstanding among foreign audiences as to the principles and goals of BBG broadcasting. Within sixty days of enactment of this Act, the BBG shall report fully to the Committee on the nature and duration of any cooperative efforts with the Defense Department over the last year. In addition, the BBG shall notify Congress in writing of any projects or programs to be undertaken with the Defense Department within seven days of the beginning of such activities. Both reports should include a description of services provided and any financial arrangements between the entities.
The Committee recommendation includes funding for the principal broadcasting entities as follows:
Voice of America (VOA).--The Committee recommendation provides $172,897,000 for VOA. The Committee recommendation restores proposed reductions to VOA broadcasts and radio, as well as Worldwide English. The Committee recommendation includes $6,071,000 for the Worldwide English Division, an increase of $1,048,000 above the request.
The Committee continues to support the creative efforts of VOA broadcasting to the continent of Africa. The Committee notes that forty-five percent of VOA's listenership is in Africa and expects VOA to create radio formats to ensure information is available to young audiences. Nearly 45 million listeners have access to VOA's objective, balanced and accurate news. VOA fills the information void with daily targeted and credible coverage of sub-Saharan Africa often not available from any other media. The Committee supports the use of radio broadcasts as a component of sustained HIV/AIDS prevention efforts undertaken by many African governments, African countries, humanitarian organizations, and U.S. assistance programs. VOA's Africa Division continues to incorporate thousands of broadcasts about HIV/AIDS into its regular programming for broadcasting to Africa. The Committee recommendation does not include funding for VOA to assume budget responsibility for a popular USAID program for Zimbabwe.
The Committee supports broadcasting to respond to the crackdown on press freedom by the government of Venezuela, but the Committee questions the viability of locating an affiliate to carry new programming. Therefore, the recommendation does not include funding for this effort, but the Committee would entertain a reprogramming of funds for this purpose should affiliate commitments be secured.
The recommendation includes $1,900,000 for broadcasting to North Korea in accordance with the North Korea Human Rights Act of 2004 (Public Law 108-333), as proposed.
Radio Free Europe/Radio Liberty (REF/RL).--The Committee recommendation provides $75,319,000 for RFE/RL. Within these amounts, $3,814,000 is for Radio Farda, $3,664,000 is for Radio Free Afghanistan, $1,903,000 is for Radio Free Iraq, and $995,000 is for broadcasting in Romanian to Moldova, as proposed. Further, $8,545,000 is recommended for broadcasting services in Russian, and $2,391,000 is for broadcasting services in Ukrainian. A total of $4,077,000 is provided for the news and current affairs function. The Committee commends RFE/RL for developing programming in Avar, Chechen, and Circassian, and for expanding broadcasting to the Northern Caucasus. The Committee recognizes the continuing importance of broadcasting objective, uncensored information to the isolated minorities of the Northern Caucasus in their native languages and has provided the full request for these efforts.
Broadcasting to Cuba.--The Committee recommendation includes $36,102,000 for radio and television broadcasting to Cuba. The Committee recommendation continues funding for aircraft dedicated to transmitting Radio and TV Marti programming. In addition, the recommendation includes $2,700,000 to improve transmission capabilities via aerostat for broadcasting TV Marti.
Radio Free Asia (RFA).--The Committee recommendation includes $30,985,000 for RFA. The Committee strongly supports increased broadcasting efforts to China, Tibet, Burma, Vietnam, North Korea, Laos, and Cambodia. Increased funding is provided for broadcasting to North Korea to pursue objectives outlined in the North Korea Human Rights Act of 2004 (Public Law 108-333).
The recommendation includes funding for RFA to continue daily Uyghur broadcasts.
The Committee encourages the Board to increase the number of broadcast hours of the Cantonese service. The Committee expects the BBG to reprogram funds, if necessary, to achieve such an increase.
The Committee urges the Broadcasting Board of Governors to focus programming on the promotion of religious freedom and human rights. The BBG should work with the U.S. Commission on International Religious Freedom on the scope and content of programming that will instruct and inform on the merits of religious freedom as part of a civil society.
BROADCASTING CAPITAL IMPROVEMENTS
The Committee recommendation includes $7,624,000 in new budget authority for broadcasting capital improvements, $3,129,000 below the current year level, and $10,662,000 below the request. The recommendation will provide for the continuation of base costs for maintenance, improvements, replacements and repairs, digital production capability development, and security upgrades at transmitting stations overseas. The recommendation does not include $9,800,000 requested increase for the capital costs associated with upgrading the VOA television studios.
GENERAL PROVISIONS--DEPARTMENT OF STATE AND RELATED AGENCY
The Committee recommends the following general provisions for the Department of State.
Section 401 of the bill permits funds appropriated in this title for the Department of State to be available for allowances and differentials as authorized by subchapter 59 of Title 5 of the United States Code; for services as authorized by 5 U.S.C. 3109; and for hire of passenger transportation pursuant to 5 U.S.C. 1343(b).
Section 402 of the bill permits up to five percent of any State Department appropriation to be transferred to another State Department appropriation, but no program can be increased by more than ten percent, and provides the same authority to Broadcasting Board of Governors programs. In addition, the language provides that any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 605 of the accompanying bill and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
Section 403 of the bill prohibits the use of funds by the Department of State or the Broadcasting Board of Governors to provide assistance to the Palestinian Broadcasting Corporation. The Committee recommendation does not include training that supports accurate and responsible broadcasting among the types of assistance prohibited. The Committee agrees the neither the Department of State, not the BBG, shall provide any assistance to the PBC that could support restrictions of press freedoms of the broadcasting of inaccurate, inflammatory messages. The Committee expects the Department and the BBG to submit a report to the Committee before December 15, 2006, detailing any programs or activities involving the PBC in fiscal year 2007, and any plans for such programs in fiscal year 2008.
Section 404 of the bill clarifies the responsibilities of the Senior Policy Operating Group on Trafficking in Persons. The Committee understands that the Operating Group is coordinating agency activities outlined in the Trafficking Victims Reauthorization Act of 2005. The Committee expects that all anti-trafficking policies, grants and grant policies are defined by this Act. The Operating Group is, and was intended to serve as, the forum for interagency coordination of anti-trafficking policies, even as final decisions regarding any such policies are necessarily vested with the President and the senior officials who comprise the Task Force. The Committee understands that the Senior Operating Group and its chair have successfully performed the coordinating functions assigned to them.
Section 405 of the bill prohibits the use of funds for any United Nations peacekeeping mission that involves U.S. Armed Forces under the command or operational control of a foreign national unless the President certifies that the involvement is in the national interest.
Section 406 of the bill prohibits the use of funds to expand the U.S. diplomatic presence in Vietnam beyond the level in effect July 11, 1995, unless the President makes a certification that several conditions have been met regarding Vietnam's cooperation with the United States on POW/MIA issues.
Section 407 of the bill extends the prohibition on the use of funds to issue a visa to any alien involved in extrajudicial and political killings in Haiti, including exemption and reporting requirements.
Section 408 of the bill concerns Capital Cost Sharing.
Section 409 of the bill concerns ceilings and earmarks of funding.
Section 410 of the bill includes new language requiring that any funding used to implement E-Government Initiatives shall be subject to section 605 of this Act.
Section 411 of the bill includes new language concerning the Department's rewards program.
TITLE V--RELATED AGENCIES
ANTITRUST MODERNIZATION COMMISSION
SALARIES AND EXPENSES
The recommendation provides $462,000 for the Antitrust Modernization Commission, which is $695,000 below the fiscal year 2006 level and same as the request. The Commission, authorized by Public Law 107-273, is examining whether antitrust laws need to be modernized, and is identifying and studying related antitrust issues. The recommendation represents the final appropriation for the Commission and provides the remainder of the $4,000,000 authorized. The Commission will conclude its work in June 2007.
COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE ABROAD
SALARIES AND EXPENSES
The recommendation includes $493,000 for the Commission for the Preservation of America's Heritage Abroad, which is the same as the fiscal year 2006 level and the same as the request. The recommendation will allow the Commission to fund its administrative expenses through appropriated funds while relying on other sources of funding for actual purchase and restoration of property.
The Commission protects and preserves endangered cultural sites in Eastern and Central Europe important to the heritage of U.S. citizens, including cemeteries, monuments, and historic buildings. One of its primary tasks is to obtain protection and preservation assurances from the governments of the region.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
The recommendation includes $8,933,000 for the salaries and expenses of the Commission on Civil Rights, which is $376,000 below the request and the same as the fiscal year 2006 level.
The Commission was established by the Civil Rights Act of 1957 and is directed by eight part-time commissioners. The Commission was created to protect the civil rights of people within the United States and was intended to be an independent, bipartisan, fact-finding agency. The Commission investigates charges of citizens being deprived of voting and other civil rights and collects, studies, and disseminates information on the impact of Federal laws and policies on civil rights.
Although the Commission has made some progress in correcting its management deficiencies, the Committee remains concerned about the Commission's operations. The Commission continues to be plagued by mismanagement. The Committee expects a report no later than January 31, 2007, describing proposed structural and management changes for the Commission that will generate more efficient operations, including potential cost savings, without jeopardizing the mission of the agency.
The Committee has received several reports from the Government Accountability Office (GAO), all of which outline various deficiencies at the Commission. The most recent GAO report, dated May 2006, revealed that the Commission is now also grappling with leadership accountability issues, lack of policies with respect to report objectivity, and is neither correctly nor effectively using State advisory committees. The Committee reinforces the importance of following the GAO's guidance and encourages the Commission to act quickly to fix remaining management problems in addition to addressing its accountability issues, putting in place necessary report objectivity policies and correctly and effectively using State advisory committees.
The Committee recommends language, as included in previous years, which provides: (1) a limitation of four full-time positions under schedule C of the Excepted Service, exclusive of one special assistant for each Commissioner, and (2) a prohibition against reimbursing Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days. The Committee encourages the Commission to enlist outside assistance, as necessary, to correct the Commission's serious management problems.
COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
SALARIES AND EXPENSES
The recommendation includes $3,000,000 for the Commission on International Religious Freedom, which is $258,000 below the fiscal year 2006 level and the same as the request. The Committee recommendation includes funding to allow the Commission to increase data development, hearings, analysis of policy, outreach and overall operations required to fulfill the Commission's mandated responsibilities.
The Committee commends the Commission on its efforts to promote international religious freedom in consultation with the Department of State, independent human rights groups, and other non-governmental organizations, religious leaders, academics, policy experts, the Intelligence Community, and government agencies. The Committee urges the Commission and the State Department to continue to work on developing an Index on Religious Freedom that may be used to assess progress on relevant issues within regions and specific countries. The State Department's Report on Trafficking in Persons may provide a useful model for assessing and tracking efforts to promote religious freedom worldwide.
The Commission, established pursuant to the International Religious Freedom Act of 1998, conducts independent reviews and reporting of facts and circumstances of violations of religious freedom abroad and recommends options for United States policies with respect to foreign countries engaging in or tolerating violations of religious freedom.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
The recommendation includes $2,110,000 for the Commission on Security and Cooperation in Europe, which is $106,000 above the fiscal year 2006 level and the same as the request. The Commission was established in 1976 to monitor compliance with the Final Act of the Conference on Security and Cooperation in Europe, with particular regard to provisions dealing with humanitarian affairs.
The Committee recognizes the leadership of the Commission in promoting human rights, democracy, and the rule of law in the 55 participating States of the Organization for Security and Cooperation in Europe (OSCE).
CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA
SALARIES AND EXPENSES
The recommendation includes $2,000,000 for the Congressional-Executive Commission on the People's Republic of China, which is $124,000 above the fiscal year 2006 level and the same as the request.
The Committee commends the Commission for its ongoing efforts to monitor China's compliance with international human rights agreements and standards. The Committee supports continued development of the Political Prisoner Database project in accordance with Section 302(b) of Public Law 106-286 and expects the Commission to provide a status report to the Committee on related plans and activities by August 1, 2007. This database will significantly heighten international awareness regarding the plight of political prisoners in China.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
The recommendation includes $322,807,000 for the salaries and expenses of the Equal Employment Opportunity Commission (EEOC) for fiscal year 2007. This amount is $4,191,000 below the fiscal year 2006 level and the same as the request.
The recommendation continues language prohibiting the Commission from taking action to implement any workforce repositioning, restructuring, or reorganization unless the Committee has been notified in advance of such proposals, in accordance with the reprogramming procedures under section 605 of this Act. EEOC shall continue to submit quarterly status reports on projected and actual spending levels, by function, and shall highlight any changes resulting from repositioning activities.
The Committee understands that the EEOC intends to continue restructuring by next focusing on its headquarters. The Commission is directed to submit to the Committee, prior to implementation of any headquarters repositioning, restructuring, or reorganization plan, a comprehensive analysis of current staffing levels by department and the full impact the repositioning plan will have on all core services, including the number of staff to be redeployed to the field. The Committee directs the Commission to make the filling of frontline field vacancies its highest priority.
The Committee notes its concerns with the National Contact Center (NCC). For the past two years, the Commission has operated the NCC as a pilot project. It is the understanding of the Committee that in its evaluation, the Inspector General's Office found numerous problems with the NCC. The Committee expects the Commission to utilize the guidance as provided by the Inspector General's findings.
The bill includes language providing $28,000,000 for payments to State and local Fair Employment Practices Agencies (FEPAs). The bill also includes language similar to that included in previous Appropriations Acts allowing non-monetary awards to private citizens and up to $2,500 for official reception and representation expenses.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
The bill includes total budget authority of $294,261,000 for the salaries and expenses of the Federal Communications Commission (FCC) for fiscal year 2007, of which $293,261,000 is to be derived from offsetting collections, resulting in a direct appropriation of $1,000,000. The operating level for fiscal year 2007 is $4,503,000 above the current year and $8,281,000 below the request.
The Committee recommendation includes bill language, similar to that included in previous Appropriations Acts, which allows: (1) up to $4,000 for official reception and representation expenses; (2) purchase of uniforms and acquisition of vehicles; (3) special counsel fees; (4) collection of $293,261,000 in section 9 fees; (5) the sum appropriated to be reduced as section 9 fees are collected; and (6) fees in excess of $293,261,000 to be available in fiscal year 2008. A new provision is also included, which prohibits obligation of any offsetting collections made available prior to October 1, 2007.
The mission of the Federal Communications Commission is to implement the Communications Act of 1934 in a manner that promotes competition, innovation, and deregulation in the communications industry and the availability of high quality communications services for all Americans.
The Committee appreciates the recent changes in budget reporting by the FCC, including modifications to the budget structure in the fiscal year 2007 request and the spending plan submitted for fiscal year 2006. This transparency in budgeting is helpful, and the Committee again directs the FCC to submit a spending plan within 30 days of enactment of this Act. This spending plan shall serve as the basis for all reprogramming notifications. In addition, the Committee expects FCC to include the same level of detail in its fiscal year 2008 request. Furthermore, the Committee reminds the FCC of the reprogramming requirements contained in section 605 of the Act, identifying the procedures for notifying the Committee of changes to the budgetary and organizational plans of the Commission.
While the Committee is pleased that the Commission voluntarily examined its travel practices and modified its procedures for accepting payments from non-governmental sources, the Committee continues to have concerns about FCC employees accepting travel payments from entities that have business concerns regulated by the Commission. The Committee notes that the FCC intends to extend its policy prohibiting non-government-sponsored travel to all FCC employees. Within the recommended funding level, the Committee expects that the FCC will entirely eliminate any travel payments from outside sources.
The recommendation includes a $3,000,000 transfer from the Universal Service Fund (USF) for additional audits and oversight activities. The Committee is troubled by the problems uncovered in the USF program and expects the FCC to make working with the Universal Service Administrative Company to fight grantee waste, fraud, and abuse a high priority.
In light of recent FCC reports on cable choice systems and their effects on consumers, the Committee expects the FCC to subnit, as soon as possible and no later than 180 days after enactment of this Act, a report describing the Commission's plans for further research and action on the topic.
The Committee strongly urges the FCC to act expeditiously upon the complaint filed under section 616 of the Communications Act regarding Washington Nationals baseball.
The recommendation includes a provision carried in previous Appropriations Acts, and in the request, limiting the funds available to administer the spectrum auctions program. The Committee expects the FCC to continue to refine its cost accounting system so that all costs, including auction costs, can be clearly distinguished by activity.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
The Committee recommends total budget authority of $213,079,000 for the salaries and expenses of the Federal Trade Commission for fiscal year 2007, which is $3,000,000 above the fiscal year 2006 level and $9,921,000 below the request. Collections from Hart-Scott-Rodino premerger filing fees and Do-Not-Call list fees partially offset the appropriation requirement for this account.
The mission of the Commission is to enforce a variety of Federal antitrust and consumer protection laws. Under these laws, the Commission seeks to ensure that the nation's markets are competitive, function vigorously and efficiently, and are free from undue governmental and private restrictions. The Commission also seeks to improve the operation of the marketplace by eliminating deceptive and unfair practices. Appropriations for both the Antitrust Division of the Department of Justice and the Commission are partially financed with Hart-Scott-Rodino Act pre-merger filing fees.
The Committee urges the Federal Trade Commission to work with companies that extend credit to consumers to ensure that it is readily apparent to those individuals that they have the ability to `opt-out' of receiving unsolicited financial information when they complete the necessary forms for an application for credit.
The recommendation continues current bill language prohibiting the use of funds to implement or enforce portions of section 43 of the Federal Deposit Insurance Act and section 151 of the Federal Deposit Insurance Corporation Improvements Act of 1991.
The recommendation also includes bill language that: (1) allows for purchase of uniforms, hire of motor vehicles and contracts for collection services; (2) allows up to $2,000 for official reception and representation expenses; (3) allows for the collection of fees; (4) allows for the sum appropriated to be reduced as fees are collected; and (5) allows funding to be available until expended.
HELP COMMISSION
SALARIES AND EXPENSES
The recommendation includes $1,250,000 for the HELP Commission to carry out its authorized purposes, which is $1,250,000 above the current year level and $250,000 above the request. Language is included extending the due date of a certain report.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
The recommendation includes $313,860,000 for the payment to the Legal Services Corporation (LSC). This amount is $12,718,000 below the fiscal year 2006 level and $3,000,000 above the request. This amount includes: (1) $296,990,000 for grants to basic field programs and required independent audits; (2) $2,970,000 for the Office of Inspector General; (3) $12,661,000 for Corporation management and administration; and (4) $1,239,000 for client self-help and information technology.
The Legal Services Corporation is a private, nonprofit corporation that provides low-income individuals with access to legal assistance and information concerning civil legal problems. Created in 1974, the Legal Services Corporation is charged by Congress to provide assistance to those who would otherwise be unable to afford adequate legal counsel.
The Committee expects LSC management to work cooperatively with the Office of Inspector General to identify grantee fraud and abuse and agency inefficiencies, and then take corrective action where warranted.
Because of LSC's unique status as a private, non-profit corporation, in many cases, the agency is not required to adhere to Federal laws governing employment, travel, and other administrative processes. The Committee expects LSC to carefully review all of its operating procedures to determine if they are, in fact, in line with other Federal agencies. If discrepancies emerge during this review, the Committee expects LSC to proactively make modifications to its procedures. A report on the findings of this review, as well as any modifications proposed, shall be submitted to the Committee no later than February 1, 2007.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The Committee recommendation includes bill language to continue similar statutory requirements and restrictions contained in previous Appropriations Acts. Language is deleted regarding the distribution of funds.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
The recommendation includes $2,000,000 for the necessary expenses of the Marine Mammal Commission, which is $883,000 below the current year level and $133,000 below the 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.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
The Committee recommendation includes $900,517,000 for the Securities and Exchange Commission (SEC), including $880,517,000 from new fee collections and $20,000,000 from prior year balances. This total funding level is $12,400,000 above the operating level in fiscal year 2006 and $4,329,000 below the request.
The Committee recommendation includes bill language, similar to that included in previous Appropriations Acts, which: (1) allows for the rental of space; (2) makes up to $3,000 available for official reception and representation expenses; (3) makes up to $10,000 available for a permanent secretariat for the International Organization of Securities Commissions; and (4) makes up to $100,000 available for expenses of meetings and consultations with foreign governmental and regulatory officials.
The primary mission of the SEC is to protect investors and maintain the integrity of the securities markets. This includes ensuring full disclosure of financial information, regulating the nation's securities markets, and preventing fraud and malpractice in the securities and financial markets.
Since 2002, the Committee has supported the SEC's significantly increased staffing levels in order to protect investors and implement the Sarbanes-Oxley Act. The Committee now understands that the SEC is in a solid position to execute its mission within the authorized staffing levels. Therefore, the Committee supports the SEC's request to begin to enhance its information technology investments to better serve American investors.
The Committee is pleased with the SEC's recent improvements to facilities management and is pleased that previous financial concerns about the facilities in Boston, MA; New York, NY; and Washington, DC; have been resolved.
The Committee remains concerned that American investors may be unwittingly investing in companies with ties to countries that sponsor terrorism or are linked to human rights violations. The Committee believes that a company's association with sponsors of terrorism and human rights abuses, no matter how large or small, can have a materially adverse result on a public company's operations, financial condition, earnings, and stock prices, all of which can negatively affect the value of an investment. In order to protect American investors' savings and to disclose these business relationships to investors, an Office of Global Security Risk was established within the Division of Corporation Finance. The Committee expects the work of the Office to remain a high priority during fiscal year 2007 and directs the SEC to continue to submit quarterly reports on its activities.
The Committee supports allowing the agency flexibility to manage its resources in an efficient manner and expects that, within 30 days of enactment of this Act, the SEC shall submit an initial spending plan by division/office describing personnel and non-personnel planned expenditures. This spending plan shall then serve as the basis for all future reprogramming notifications, in accordance with section 605 of this Act.
The Committee urges the SEC to establish a small business ombudsman to address the unique challenges small public companies face in implementing the Sarbanes-Oxley Act, to include working with the Public Company Accounting Oversight Board (PCAOB) to develop appropriate auditing guidelines.
SMALL BUSINESS ADMINISTRATION
The recommendation provides a total of $642,792,000 for the five appropriations accounts of the Small Business Administration (SBA). This amount is $3,791,000 above the budget request and $965,774,000 below the amount appropriated in fiscal year 2006 including $1,158,000,000 in supplemental appropriations provided in response to hurricane emergency declarations. Detailed guidance for the five SBA appropriations accounts is contained in the following paragraphs.
SALARIES AND EXPENSES
The Committee recommends $303,550,000 for the salaries and expenses of the SBA, which is $5,481,000 below the current year and the same as the request.
Of the amount provided under this heading, $182,560,000 is for operating expenses of the SBA. In addition, a total of $132,616,000 from other SBA accounts may be transferred to and merged with the salaries and expenses account for indirect operating costs. This amount consists of $123,706,000 from the Business Loans Program Account and $8,910,000 from the Disaster Loans Program Account for administrative expenses related to those accounts. The Committee also anticipates that SBA will have an additional $6,830,000 in fee receipts and $9,692,000 in reimbursable amounts from other agencies available for operating expenses. This will result in a total availability of $331,698,000 for the operating expenses of the SBA, which is an increase of $1,366,000.
The Committee recommendation for salaries and expenses includes a total of $119,990,000 for non-credit initiatives as follows:
| [In thousands of dollars] | |
| Veterans Programs | $750 |
| Small Business Development Centers | 90,000 |
| SCORE | 5,000 |
| Women's Business Centers | 12,500 |
| Women's Business Council | 750 |
| Drug Free Workplace | 990 |
| Microloan Technical Assistance | 10,000 |
| Total, non-credit initiatives | 119,990 |
The SBA shall not reduce these noncredit programs to fund operating costs. In addition, the Committee directs the SBA to support no less than the fiscal year 2006 level of funding for the HUBZone Contracting Program; the National Ombudsman; Native American Outreach; the Office of Advocacy, including support for the Advocacy Database; international trade programs; and the defense transition program. The Committee also expects the SBA to continue to enhance opportunities for small businesses to partner with the manufacturing sector.
The recommendation includes $1,000,000, which may be transferred to the Business Loans Program Account, for subsidy costs of direct loans.
The Committee is aware that there are certain rural areas that are underutilized business areas, but are excluded from HUBZone designation based on the current program authorization. The Committee encourages the SBA to continue to examine ways to incorporate these areas into any future revisions of the Small Business Act.
Within the amount provided, the Committee expects the Small Business Administration (SBA) to provide a resource center in the Crystal City area of Arlington County, VA, to provide financial, technical, and contracting support for small businesses that are affected by the closure of a military facility due to the Base Realignment and Closure (BRAC) process, including assistance from and collaboration with local Small Business Development Centers, Women's Business Centers, and SCORE counselors.
The Committee recommendation includes requested language authorizing $3,500 for official reception and representation expenses as well as language authorizing the SBA to charge fees to cover the cost of publications and certain loan program activities. Requested language is also included that allows these fee collections to be credited to the salaries and expenses account to be available for carrying out these purposes without further appropriations. The recommendation includes language making e-government expenditures subject to the reprogramming procedures in section 605 of the Act. The recommendation also includes new language making $500,000 available for the National Veterans Business Development Corporation.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $13,722,000 for the Office of Inspector General of the SBA, which is the same as the amount appropriated in fiscal year 2006, excluding supplemental appropriations. The Committee understands that these resources will be used to meet the Office of Inspector General's statutory requirements and investigate waste, fraud, and abuse related to recent disasters.
SURETY BOND GUARANTEES REVOLVING FUND
The Committee recommends a total of $2,824,000 for the Surety Bond Guarantees Revolving Fund, which is $146,000 below the request and the same as the current year level. The Committee notes that the Surety Bond program is not covered by the Federal Credit Reform Act, and that SBA requests an appropriation only when projections show that the reserves need to be replenished to cover estimated future liabilities. The amount provided should be sufficient to address anticipated costs.
BUSINESS LOANS PROGRAM ACCOUNT
The Committee recommends a total of $123,706,000 under this account for administrative expenses related to business loan programs, which is $1,283,000 below the current year and $2,430,000 below the request. The amount provided for administrative expenses may be transferred to and merged with the appropriation for SBA salaries and expenses to cover the common overhead expenses associated with business loans.
The SBA Business Loan Program serves as an important source of capital for America's small businesses. The recommendation designates a $17,500,000,000 business loan program level, which is the same as the request. The President's request and the Committee's recommendation assume that the 7(a) business loan program can continue to operate without an appropriation for subsidy costs. The Committee believes that operating this program at zero subsidy is beneficial for the long-term sustainability of this program.
The recommendation also supports the Small Business Investment Company (SBIC) and 504 loan programs with no subsidy appropriation. The recommendation includes a $7,500,000,000 program level for the 504 certified development company program, which is $1,500,000,000 above the fiscal year 2006 level and the same as the request.
In addition, the recommendation includes a $12,000,000,000 program level for the Secondary Market Guarantee Program. This reflects the inclusion of this program under the Federal Credit Reform Act. The subsidy rate is zero; therefore, no appropriation is required.
DISASTER LOANS PROGRAM ACCOUNT
The Committee recommends a total of $198,990,000 for the Disaster Loans Program Account for loan subsidies and associated administrative expenses, which is $954,010,000 below the current year including emergency supplemental appropriations and the same as the request. The Committee recommendation includes $85,140,000 for the subsidy costs of disaster loans, which, when combined with estimated recoveries and anticipated carry-over balances, will provide for a five-year average lending level.
The Committee recommendation includes $113,850,000 for administrative expenses to carry out the program, which may be transferred to and merged with appropriations for salaries and expenses. The recommendation includes language specifying that, of the amount provided for administrative expenses, $104,445,000 is for the direct administrative expenses of loan making and loan servicing, and $8,910,000 is for indirect administrative expenses. The recommendation also includes language requiring that any amount in excess of $8,910,000 transferred to the salaries and expenses account for indirect administrative expenses shall be subject to reprogramming requirements, as detailed under section 605 of this Act. In addition, the recommendation retains language transferring $495,000 of the amount provided for administrative expenses to the Office of Inspector General for audits and reviews of the disaster loan portfolio.
As required by the Federal Credit Reform Act of 1990, the Congress is required to appropriate an amount sufficient to cover the subsidy costs associated with all direct loan obligations and loan guarantee commitments made in fiscal year 2007, as well as the administrative expenses of the loan programs.
The Committee expects the SBA to continue to work with the National Academy of Public Administration to identify ways to improve the disaster loan program.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
The Committee recommends $2,000,000 for the State Justice Institute (SJI) for fiscal year 2007, which is $1,455,000 below the fiscal year 2006 appropriation and $2,000,000 above the request.
The SJI is a private, non-governmental organization that awards grants to improve the administration of justice in State courts. Although SJI is currently authorized in Public Law 108-372 through 2008, the Administration's budget request has proposed the elimination of Federal funding for SJI.
The Committee commends SJI for continuing to work with the Office of Justice Programs (OJP) on issues involving State courts and encourages SJI to continue to seek funds from OJP grant programs. The Committee also applauds SJI for its recent successes in obtaining dollar-for-dollar matching funds for grants awarded. The Committee expects this goal to remain in place during fiscal year 2007.
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION
SALARIES AND EXPENSES
The Committee recommendation includes $4,000,000 for the necessary expenses of the United States-China Economic and Security Review Commission in fiscal year 2007, including not more than $5,000 for the purpose of official representation. This amount is $1,038,000 above the fiscal year 2006 level and the same as the request. The recommendation includes language, modified from the request, regarding the responsibilities of the Commission. The Committee commends the Commission for its efforts to monitor the evolving U.S.-China relationship.
UNITED STATES INSTITUTE OF PEACE
OPERATING EXPENSES
The recommendation includes $26,979,000 for the United States Institute of Peace, which is $4,915,000 above the fiscal year 2006 level, and the same amount as the budget request. The recommended funding level supports programs related to resolving conflicts in the Arab and Muslim World. The Committee commends the Institute for establishing the Iraq Study Group. The recommendation includes funding to continue Institute programs and activities related to Iraq.
TITLE VI--GENERAL PROVISIONS
The Committee recommends the following general provisions for the departments and agencies funded in the accompanying bill.
Section 601 prohibits any appropriation contained in the Act from being used for publicity or propaganda purposes not authorized by the Congress.
Section 602 prohibits any appropriation contained in the Act from remaining available for obligation beyond the current fiscal year unless explicitly provided.
Section 603 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 604 provides that if any provision of the Act or the application of such provision to any person or circumstance shall be held invalid, the remainder of the Act and the application of such provisions to persons or circumstances other than those to which it is held invalid shall not be affected.
Section 605 provides for the Committee's policy concerning the reprogramming of funds. Section 605(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; (6) reorganizes programs, or activities; or (7) contracts out or privatizes any function or activity presently performed by Federal employees unless the Appropriations Committees of both Houses of Congress are notified 15 days in advance. Section 605(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 both Houses of Congress are notified 15 days in advance. The Committee has again included carryover funds under the requirements of section 605 to clarify that agencies must follow reprogramming procedures with respect to carryover funds.
Section 606, proposed for deletion in the budget request, prohibits funds from being used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion similar to proposed guidelines published by the EEOC in October 1993.
Section 607 provides that if it is determined that any person intentionally affixes a `Made in America' label to any product that was not made in America that person shall not be eligible to receive any contract or subcontract with funds made available in this Act.
Section 608, proposed for deletion in the budget request, requires quarterly reporting to Congress of unobligated balances that were received during any previous fiscal year.
Section 609 provides that any closing or downsizing costs incurred by a department or agency funded under this Act resulting from funding reductions in the Act shall be absorbed within the budgetary resources available to the Department or agency, and provides transfer authority between appropriation accounts to carry out the provision, subject to reprogramming procedures.
Section 610, proposed for deletion in the budget request, prohibits funds made available in this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, provided that such restrictions are applied equally to all tobacco products or tobacco products of the same type. This provision is not intended to impact routine international trade services provided to all U.S. citizens, including the processing of applications to establish foreign trade zones.
Section 611 prohibits funds made available in this Act from being used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to implement a background check system that does not require and result in the destruction of certain information within 24 hours.
Section 612, modified from fiscal year 2006 and the request, delays the obligations of any receipts deposited into the Crime Victims Fund in excess of $625,000,000 until October 1, 2007. This language is continued to ensure a stable source of funds will remain available for the program, despite inconsistent levels of criminal fines deposited annually into the fund. Requested language rescinding the remaining balances in the Crime Victims Fund is not included.
Section 613 prohibits the use of Department of Justice funds for programs that discriminate against or denigrate the religious beliefs of students participating in such programs.
Section 614, proposed for deletion in the budget request, prohibits the transfer of funds in the Act to any department or agency of the United States Government, except for transfers made under authorities provided in this, or any other appropriations Act.
Section 615, modified from the current year and proposed for deletion in the budget request, requires the Departments of Commerce, Justice, and State, the National Aeronautics and Space Administration, the National Science Foundation, the Securities and Exchange Commission and the Small Business Administration to certify that telecommuting opportunities have increased over the previous fiscal year. This section also designates funding to be available only after such certification is provided.
Section 616 provides that funds provided for the National Science Foundation for E-Government Initiatives shall be subject to the procedures set forth in section 605 of this Act.
Section 617, proposed for deletion in the budget request, 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 618 prohibits the use of funds to process patents of human organisms. The Committee concurs with the intent of this provision as expressed in the colloquy between the provision's sponsor in the House and the Ranking Minority Member of the House Committee on Appropriations as occurred on July 22, 2003, with respect to any existing patents on stem cells.
Section 619, proposed for deletion, prohibits the use of funds in this Act to be used to support or justify torture by any official or contract employee of the United States Government.
Section 620 provides for initiatives related to small business development and entrepreneurship, including programmatic and construction activities, to be awarded as follows:
$350,000 for the National Center for Community Renewal;
$675,000 for the Institute for Advanced Learning and Research for a business development initiative;
$250,000 for the New College Institute to support economic development and small business development, including necessary renovation and equipment costs;
$100,000 for the Manufacturing Enhancement Center to enhance the effectiveness of small manufacturers, including necessary construction, renovation, and equipment costs;
$500,000 for the Hickory, NC, Manufacturing Center for a workforce development program;
$1,000,000 for the International Trade and Small Business Institute;
$1,500,000 for the Illinois Institute for Technology to examine and assess advancements in biotechnologies;
$200,000 for Calhoun Community College, AL, for a workforce development project;
$600,000 for Wittenberg University to expand business education;
$250,000 for Rural Business and Resource Center in Seminole, Oklahoma;
$200,000 for Darton College for business development initiatives;
$250,000 for the Innovation Center in Peoria, Illinois, including necessary construction costs;
$250,000 for Marshalltown Community College for a rural entrepreunership incubator, including necessary construction costs;
$200,000 for the Oil Region Alliance of Business, Industry and Tourism;
$200,000 for Jefferson County, PA, for a business development initiative, including necessary construction costs;
$25,000 for Clarion County, PA, for a business development initiative;
$1,000,000 for Southern and Eastern Kentucky Tourism Development Association;
$250,000 for Southeast Kentucky Economic Development Corporation;
$250,000 for Montana World Trade Center;
$500,000 for Siena College for a historical and tourism development initiative;
$250,000 for Wayne County, NY, Industrial Park for a business development initiative;
$250,000 for the Enterprise Center, TN;
$750,000 for Fairplex Trade and Conference Center;
$150,000 for the University of Notre Dame for an entrepreneurship and business promotion initiative;
$150,000 for Thomas More College, KY, for a workforce development program;
$150,000 for Delaware Valley College for a research and innovation incubator, including necessary construction costs;
$150,000 for University of Southern Indiana Center for Applied Research and Development;
$150,000 for the Adelante Development Center for a comprehensive employment and job creation program;
$150,000 for Carnegie Mellon University for a community-based demonstration project;
$150,000 for Illinois State University for a small business incubator;
$100,000 for Richard Stockton College for a small and minority-owned business development project;
$100,000 for a workforce development program in the upstate of South Carolina;
$100,000 for the International Trade Center in Myrtle Beach, SC;
$250,000 for Rochester, NY, Tooling and Machining Association for a workforce development program;
$100,000 for Lakewood, NJ, for a business development initiative;
$300,000 for Rockford Area Ventures Small Business Incubator and Technology Commercialization Center;
$200,000 for Rock Valley College, IL, for a workforce development program;
$300,000 for the Bronx Council for marketing of local business arts initiatives;
$150,000 for the Arthur Avenue Retail Market for local business requirements and improvements;
$50,000 for the South East Bronx Community Organization for improvements and their low income community and business program;
$50,000 for the Out-of-Doors program in the Bronx to continue community development efforts;
$250,000 for the Bronx On-Water learning program for improvements to facilitate their training and skills development program;
$50,000 for a Bronx River workforce development, training, and apprenticeship program;
$100,000 to HOGAR, Inc. for an economic and community development program for elderly and special needs persons in the Bronx;
$200,000 for Promesa Systems Inc. for improvements associated with service;
$50,000 for Presbyterian Senior Services for economic and community development programs for the elderly;
$50,000 for the Thorpe Family Residence in Bronx, NY for economic and community development family residential services program;
$100,000 for the National Latino Data Center to provide business information to local businesses, researchers and communities;
$50,000 for World Vision's Bronx Storehouse for community services;
$950,000 for Hudson-Alpha Institute to support the continued development of the small biotechnology business community in Huntsville, Alabama;
$500,000 for Johnson and Wales University of Rhode Island for a Latino business program;
$100,000 for Rhode Island College for a workforce literacy program;
$950,000 for American Cities Foundation for its economic development initiative;
$400,000 for the Wisconsin Procurement Initiative;
$500,000 for the JARI Workforce Development Program and Small Business Technology Center;
$800,000 for JARI for a regional business incubator;
$400,000 for a Hispanic information network for small business development and financial literacy for Spanish speaking audiences in New York;
$100,000 for Cypress Hills Local Development Corporation for the Reach Project to provide financial literacy and technical assistance to the community;
$300,000 for the Institute for Entrepreneurship, Small Business Development and Global Logistics at California State University at Dominguez Hills, CA;
$900,000 for Fairmont State University for a small business development initiative;
$400,000 for Grafton, WV for a small and microenterprise business development program; and
$300,000 for West Virginia University for a small business and workforce training program.
Section 621, proposed for deletion in the budget request, designates funds from the Departments and agencies in this Act for the purpose of implementing the Capital Security Cost-Sharing program.
Section 622, proposed for deletion in the budget request, prohibits the use of funds in this Act to require certain export licenses.
Section 623, proposed for deletion in the budget request, prohibits the use of funds in this Act to deny certain import applications regarding `curios or relics' firearms, parts, or ammunition. This provision was included in the fiscal year 2006 Appropriations Act. The Committee is disappointed that the Departments of State and Justice have not implemented this provision as Congress intended and expects the Administration to resolve this issue as quickly as possible.
Section 624, proposed for deletion in the budget request, prohibits the use of funds to include certain language in trade agreements.
Section 625, proposed for deletion in the budget request, prohibits the use of funds in this Act to pay expenses for any United States delegation to a United Nations agency or commission if such agency or commission is chaired or presided over by a country that has repeatedly provided support for acts of international terrorism.
Section 626 prohibits funds in this Act for certain diplomatic activities until the President certifies that Libya has taken certain actions with regard to victims of terrorist acts.
Section 627 prohibits funds in this Act in contravention of law and executive order regarding energy efficiency of Federal buildings.
Section 628 prohibits funds in this Act to enter into a basing rights agreement between the United States and Iraq.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
VIOLENT CRIME REDUCTION TRUST FUND
The recommendation includes a rescission of $8,000,000 of unobligated balances in this account.
GENERAL ADMINISTRATION
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
The recommendation includes a rescission of $39,000,000 of unobligated balances in this account.
LEGAL ACTIVITIES
ASSETS FORFEITURE FUND
(RESCISSION)
The recommendation includes a rescission of $152,787,000 from unobligated balances in this account. The budget request proposed a rescission of $120,000,000.
OFFFICE OF JUSTICE PROGRAMS
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(RESCISSION)
The recommendation includes a rescission of $127,500,000 of the unobligated prior year balances in this account, as requested. This rescission shall not apply to funds available for the State Criminal Alien Assistance Program, Prison Rape Prevention and Prosecution Programs, the Byrne Discretionary program or victims of trafficking programs.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSION)
The recommendation includes a rescission of $127,500,000 of unobligated prior year balances in this account, as requested. This rescission shall not apply to funds available for gang, meth or technology programs.
DEPARTMENT OF COMMERCE
EMERGENCY STEEL GUARANTEED LOAN PROGRAM ACCOUNT
(RESCISSION)
The recommendation includes a rescission of $38,607,000 of unobligated balances in this account instead of $48,607,000 as proposed in the budget request.
DEPARTMENT OF STATE
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
(RESCISSION)
The recommendation includes a rescission of $10,000,000 of available balances in this account.
RELATED AGENCIES
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
(RESCISSION)
The recommendation includes a rescission of $6,100,000 for this account, as requested.
BUSINESS LOANS PROGRAM ACCOUNT
(RESCISSION)
The recommendation includes a rescission of $5,000,000 for this account, as requested.
DISASTER LOANS PROGRAM ACCOUNT
(RESCISSION)
The recommendation includes a rescission of $3,700,000 for this account, as requested.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various requirements of the Rules of the House of Representatives.
CONSTITUTIONAL AUTHORITY
Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that:
Each report of a committee on a bill or joint resolution of a public character shall include a statement citing the specific powers granted to the Congress in the Constitution to enact the law proposed by the bill or joint resolution.
The Committee on Appropriations bases its authority to report this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America, which states:
No money shall be drawn from the Treasury but in consequence of Appropriations made by law. * * *
Appropriations contained in this Act are made pursuant to this specific power granted by the Constitution.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding:
The Committee on Appropriations considers program performance, including a program's success in developing and attaining outcome-related goals and objectives in developing funding recommendations.
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1) of rule XIII of Rules of the House of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill, which directly or indirectly change the application of existing law.
Language is included in various parts of the bill to continue ongoing activities which require annual authorization or additional legislation, which to date has not been enacted.
The bill includes provisions which place limitations on the use of funds in the bill or change existing limitations and which might, under some circumstances, be construed as changing the application of existing law.
The bill includes a number of provisions, which have been virtually unchanged for many years, which are technically considered legislation.
The bill also provides that a number of appropriations shall remain available for obligation beyond the current fiscal year. While these provisions are not specifically authorized for all of the items, it is deemed desirable to include such language for certain programs in order to provide for orderly administration and the effective use of funds.
Language is included under a number of accounts in which appropriations are offset by collections that specifies the level of offsetting collections to be credited to the account and in certain cases makes collections in excess of the level available in the following fiscal year.
In various places in the bill, the Committee has designated funds within appropriation accounts in order to fund specific programs and has adjusted some designations.
Language is deleted for items that were one-time requirements in fiscal year 2006.
Language is included making changes to citations of authorizations.
Throughout the bill, several General Provisions carried in the fiscal year 2006 bill for one-time requirements are deleted and several others contain technical modifications.
Those additional changes in the fiscal year 2007 bill, which might be interpreted as changing existing law, are as follows:
Under General Administration, language is modified regarding the availability of funds.
Under Tactical Wireless Communications for Federal Law Enforcement, the name of the account is modified and language regarding the Integrated Wireless Network in included.
Under Detention Trustee, language is included transferring unobligated balances available from prior years from the funds appropriated under the heading `Federal Prisoner Detention' shall be transferred to this account. Language designating prior year balances is also modified.
Under National Security Division, language is included regarding this new litigating division.
Under Antitrust Division, language is modified regarding offsetting collections.
Under United States Marshals Service, language is included regarding the renovation of certain space and language is modified designating funding for certain equipment.
Under Fees and Expenses of Witnesses, language is included regarding expenses for foreign counsel.
Under the Federal Bureau of Investigation, Salaries and Expenses, language is modified concerning the purchase of motor vehicles. Language is modified designating funding for official reception and representation.
Under the Federal Bureau of Investigation, Construction, language is modified making funding available for a records management facility.
Under the Drug Enforcement Administration, language is modified concerning the purchase of motor vehicles.
Under the Bureau of Alcohol, Tobacco, Firearms and Explosives, language is modified regarding the use of certain data and the citation of authority. Language is included authorizing $30,000,000 in fee collections.
Under Federal Prison System, Salaries and Expenses, language is included regarding the purchase of motor vehicles.
Under Violence Against Women Prevention and Prosecution Programs, language is modified updating the citation of authorities.
Under Justice Assistance, language is modified updating the citation of authorities.
Under State and Local Law Enforcement Assistance, language is modified regarding the citation of authorities and language is included for a sex offender registry.
Under Community Oriented Policing Services, language is modified regarding the citation of authorities. Language is modified regarding Indian tribes, Project Safe Neighborhoods, DNA analysis, Office of Weed and Seed Strategies, and the use of prior year balances.
Under the Juvenile Justice account, language is modified regarding the citation of authorities.
Under the Public Safety Officers Benefits account, language is modified regarding the citation of authorities.
In section 105, language is modified regarding the transfer of funds to or from the Federal Prison System.
In section 106, language is modified regarding a Personnel Management Demonstration Project.
In section 109, language is included regarding the application of reprogramming requirements to certain initiatives.
In section 110, language is included regarding the obligation of funds for major Department of Justice information technology programs.
Under United States Trade Representative, language is modified concerning the availability of funds.
Under International Trade Administration, language designating funding for certain activities is modified. Language designating funding available through fee collections is modified.
Under Bureau of the Census, language is included designating funding for certain programs and language is included regarding a certain facility.
Under Public Telecommunications Facilities, Planning and Construction, language is modified regarding the administration of grants.
Under United States Patent and Trademark Office, language is included regarding certain authorities and language is modified designating funding and positions for certain activities.
Under Technology Administration, language is modified regarding an office name.
Under National Institutes of Standards and Technology, language is modified regarding the transfer of certain amounts to the working capital fund.
Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities, language is modified designating funding for certain activities. Language is modified designating funding available by transfer and from recovery of prior year obligations. Language is included regarding education activities.
Under Pacific Coastal Salmon Recovery, language is included describing uses of funds under this account.
Under Coastal Zone Management Fund, language is included transferring balances to the Operations, Research and Facilities account.
Under Departmental Management, language is modified designating funding for certain activities.
In section 203, language is modified regarding Department of Commerce transfer of funds authorities.
In section 205, language is included regarding the Ernest F. Hollings Scholarship Program.
In section 206, language is included regarding the Dr. Nancy Foster Scholarship Program.
In section 207, language is included regarding the application of reprogramming requirements to certain initiatives.
Under Office of Science and Technology Policy, language is included regarding improving science and math education and establishing an Ethics Advisory Group for the National Nanotechnology Initiative.
Under National Aeronautics and Space Administration, Science, Aeronautics and Exploration, language is included designating funds for certain activities, and establishing reprogramming procedures.
Under National Aeronautics and Space Administration, Exploration Capabilities, language is included designating funds for certain activities and establishing reprogramming procedures.
Under the National Aeronautics and Space Administration, Administrative Provisions, language is included regarding prizes and the transfer of funds between appropriations.
Under the National Science Foundation, Research and Related Activities, language is modified regarding inducement prizes, and designating funding for Polar research.
Under Diplomatic and Consular Programs, language is modified designating funding and positions for certain programs.
Under International Organizations, Contributions to International Organizations, language is modified requiring that the United Nations remain within its biennial budget.
Under Center for Middle Eastern-Western Dialogue Trust Fund, language is included making interest and earnings available.
Under International Broadcasting Operation, language is modified regarding the availability of funds.
In section 404, includes new language modifying the citation of authorities for the Senior Policy Operating Group on Trafficking in Persons.
In section 410, includes language regarding Department of State reprogramming procedures.
In section 411, includes language regarding the Department of State rewards program.
Under the Equal Employment Opportunity Commission, modifies language regarding payments to State and local agencies.
Under the Federal Communications Commission, language is included regarding the transfer of funds from the Universal Service Fund.
Under the Legal Services Corporation, language is modified regarding the allocation of funding.
Under Securities and Exchange Commission, language is modified regarding prior year balances.
Under Small Business Administration, Salaries and Expenses, language is modified regarding fee collections.
Under Business Loans Program Account, Direct Loan Subsidy modified language regarding the citation of authorities.
Under Disaster Loans Program Account, language is modified regarding the citation of authorities and the allocation of funds.
Under the United States-China Economic and Security Review Commission, language is included regarding printing, compensation and other issues.
In section 609, includes language regarding certain transfers of funds.
In section 612, includes modified language regarding the Crime Victims Fund.
In section 615, includes modified language regarding telework.
In section 616, requires that any funds used by the National Science Foundation to implement certain initiatives shall be subject to section 605 of this Act.
In section 620, includes modified language regarding small business development and entrepreneurship programs.
In section 621, includes modifies language designation funding for the Capital Security Cost Sharing program.
Under Title VII, includes rescissions from the Violent Crime Reduction Trust Fund; the Telecommunications Carrier Compliance Fund; the Assets Forfeiture Fund; State and Local Law Enforcement Assistance; Community Oriented Policing Services; Emergency Steel Guaranteed Loan Program Account; Center for Middle Eastern-Western Dialogue Trust Fund; Small Business Administration, Salaries and Expenses, Business Loans Program Account, and Disaster Loans Program Account.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law:
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Agency/Program Last year of authorization Authorization level Appropriations in last year of authorization Appropriations in this bill
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Department of Justice:
Administrative Review and Appeals 2007 224,937 229,152 229,152
Vaccine Injury Compensation Trust Fund 1992 4,058 2,500 6,292
Foreign Claims Settlement Commission 2007 1,321 1,431 1,431
Construction of Witness Safesites 2007 8,000 10,000 10,000
Federal Bureau of Investigation 2007 5,991,686 6,040,050 6,040,050
Bureau of Alcohol, Tobacco, Firearms, and Explosives 2007 960,558 980,128 980,128
Violence Against Women Prevention and Prosecution Programs:
Training for Judicial Personnel 2005 2,300 1,925 2,287
Office of Justice Programs:
Justice Assistance:
National Institute of Justice 1995 33,000 59,879 55,000
Bureau of Justice Statistics 1995 33,000 32,335 36,000
Regional Information Sharing System 2003 100,000 29,000 39,676
White Collar Crime Center 8,000
State and Local Law Enforcement:
Byrne Justice Assistance Discretionary Grants 115,225
Boys and Girls Clubs 2005 80,000 85,000 75,000
Southwest Border Prosecutors 30,000
Intelligence State and Local Training 2,000
Sex Offender Registry 1,984
Prescription Drug Monitoring 10,000
Community Oriented Policing:
Training and Technical Assistance 3,997
Project Safe Neighborhoods 54,808
Offender Reentry 2005 16,000 10,000 4,936
Juvenile Justice:
Tribal Youth 10,000
Alcohol Prevention 25,000
Victims of Child Abuse Act 2005 20,000 15,000 15,000
Project Childsafe 992
Office of the United States Trade Representative 2004 33,108 41,552 46,207
International Trade Commission 2004 57,240 61,700 62,575
Department of Commerce 1 :
International Trade Administration 1996 such sums 248,726 424,782
Bureau of Industry and Security 2001 such sums 64,711 76,806
National Telecommunications and Information Administration 1993 19,400 17,900 17,837
National Institute of Standards and Technology, Technology Administration 1993 393,500 279,007 627,000
National Oceanic and Atmospheric Administration various 3,387,167
National Aeronautics and Space Administration 2 2007 17,932,000 16,709,000 16,709,000
National Science Foundation 3 2007 9,839,262 6,020,012 6,020,012
Department of State:
Administration of Foreign Affairs 2003 5,190,390 5,874,914 6,701,526
International Organizations 2003 1,617,359 1,672,000 2,286,645
International Commissions 2003 66,385 64,130 67,928
Other State 2003 72,000 69,986 64,625
Broadcasting Board of Governors 2003 644,486 599,560 658,903
United States Commission on Civil Rights 1995 9,500 9,096 8,933
Commission on International Religious Freedom 2003 3,000 3,000 3,000
Federal Communications Commission 1991 such sums 115,794 294,261
Federal Trade Commission 1998 111,000 106,500 213,079
Legal Services Corporation 1980 such sums 300,000 313,860
Marine Mammal Commission 1999 1,750 1,890 2,000
Securities and Exchange Commission 2003 776,000 716,350 880,517
Small Business Administration 2006 such sums 1,608,566 642,792
US Institute of Peace 4 2003 such sums 16,256 26,979
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COMPARISON WITH THE BUDGET RESOLUTION
Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section 308(a)(1)(A) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, which requires that the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal year from the Committee's section 302(a) allocation.
[In millions of dollars]
--------------------------------------------------------------------------
Section 302(b) allocation Recommended in this bill
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Budget Authority:
Mandatory 354 354
Discretionary 59,839 59,839
Total Budget Authority 60,193 60,193
Outlays:
Mandatory 365 365
Discretionary 62,143 62,124
Total Outlays 62,508 62,489
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FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, the following table contains five-year projections associated with the budget authority provided in the accompanying bill:
| Fiscal year 2007 outlays | |
| [In millions of dollars] | |
| Budget Authority: | |
| Outlays: | 60,193 |
| 2007 | 38,890 |
| 2008 | 14,514 |
| 2009 | 4,553 |
| 2010 | 2,169 |
| 2011 and future years | 1,054 |
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, the financial assistance to State and local governments is as follows:
| Millions | |
| FY 2007 new budget authority | $1,342 |
| FY 2007 outlays resulting therefrom | 104 |
COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)
- In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman):
SECTION 11 OF THE NATIONAL SCIENCE FOUNDATION ACT OF 1950
GENERAL AUTHORITY OF FOUNDATION
- SEC. 11. The Foundation shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this Act, including, but without being limited thereto, the authority--
- (a) * * *
* * * * * * *
- (f) to receive and use funds donated by others, if such funds are donated without restriction other than that they be used in furtherance of one or more of the general purposes of the Foundation, except that funds may be donated for specific prize competitions;
* * * * * * *
-
CONSOLIDATED APPROPRIATIONS ACT, 2005
* * * * * * *
DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
* * * * * * *
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
* * * * * * *
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
* * * * * * *
- SEC. 214. ESTABLISHMENT OF THE ERNEST F. HOLLINGS SCHOLARSHIP PROGRAM. (a) ESTABLISHMENT- The Administrator of the National Oceanic and Atmospheric Administration shall establish and administer the Ernest F. Hollings Scholarship Program. Under the program, and subject to subsection (f), the Administrator shall award scholarships in oceanic and atmospheric science, research, technology, and education to be known as Ernest F. Hollings Scholarships.
* * * * * * *
- [Struck out->]
[ (f) FUNDING- Of the total amount appropriated for fiscal year 2005 and annually hereafter to the National Oceanic and Atmospheric Administration, the Administrator shall make available for the Ernest F. Hollings Scholarship program one-tenth of 1 percent of such appropriations. ][<-Struck out]- (f) FUNDING- There are authorized to be appropriated to carry out the provisions of this section, up to $4,000,000 annually.
* * * * * * *
SECTION 318 OF THE NATIONAL MARINE SANCTUARIES ACT
SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.
- (a) ESTABLISHMENT- The Secretary shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program. Under the program, and subject to subsection (e), the Secretary shall award graduate education scholarships in oceanography, marine biology or maritime archeology, to be known as Dr. Nancy Foster Scholarships.
* * * * * * *
- [Struck out->]
[ (e) FUNDING- Of the amount available each fiscal year to carry out this title, the Secretary shall award 1 percent as Dr. Nancy Foster Scholarships. ][<-Struck out]- (e) FUNDING- There are authorized to be appropriated to the Secretary of Commerce up to $500,000 annually, to carry out the provisions of this section.
* * * * * * *
-
SECTION 210 OF THE DEPARTMENT OF COMMERCE AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
- [Struck out->]
[ SEC. 210. (a) The Secretary of Commerce shall establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program. Under the program, the Secretary shall award graduate education scholarships in marine biology, oceanography, or maritime archaeology, including the curation, preservation, and display of maritime artifacts, to be known as `Dr. Nancy Foster Scholarships'. ][<-Struck out]- [Struck out->]
[ (b) The purpose of the Dr. Nancy Foster Scholarship Program is to recognize outstanding scholarship in marine biology, oceanography, or maritime archaeology, particularly by women and members of minority groups, and encourage independent graduate level research in such fields of study. ][<-Struck out]- [Struck out->]
[ (c) Each Dr. Nancy Foster Scholarship award-- ][<-Struck out]- [Struck out->]
[ (1) shall be used to support a candidate's graduate studies in marine biology, oceanography, or maritime archaeology at a sponsoring institution; and ][<-Struck out]- [Struck out->]
[ (2) shall be made available to individual candidates in accordance with guidelines issued by the Secretary. ][<-Struck out]- [Struck out->]
[ (d) The amount of each Dr. Nancy Foster Scholarship shall be provided directly to each recipient selected by the Secretary upon receipt of certification that the recipient will adhere to a specific and detailed plan of study and research approved by the sponsoring institution. ][<-Struck out]- [Struck out->]
[ (e) The Secretary shall make 1 percent of the amount appropriated each fiscal year to carry out the National Marine Sanctuaries Act (46 U.S.C. 1431 et seq.) available for Dr. Nancy Foster Scholarships. ][<-Struck out]- [Struck out->]
[ (f) Repayment of the award shall be made to the Secretary in the case of fraud or noncompliance. ][<-Struck out]-
SECTION 36 OF THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
- (a) * * *
- (b) REWARDS AUTHORIZED- In the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in consultation, as appropriate, with the Attorney General, the Secretary may pay a reward to any individual or to an officer or employee of a foreign government in accordance with subsection (f)(2) who furnishes information leading to--
- (1) * * *
* * * * * * *
- [Struck out->]
[ (f) INELIGIBILITY- An officer ][<-Struck out] (f) INELIGIBILITY-- (1) IN GENERAL- Except as provided in paragraph (2), an officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of his or her official duties, furnishes information described in subsection (b) shall not be eligible for a reward under this section.
- (2) EXCEPTION IN CERTAIN CIRCUMSTANCES- The Secretary may pay a reward to an officer or employee of a foreign government (or any entity thereof) who, while in the performance of his or her official duties, furnishes information described in such subsection, if the Secretary determines that such payment satisfies the following conditions:
- (A) Such payment is appropriate in light of the exceptional or high-profile nature of the information furnished pursuant to such subsection.
- (B) Such payment may aid in furnishing further information described in such subsection.
- (C) Such payment is formally requested by such agency.
* * * * * * *
-
HELP COMMISSION ACT
- SEC. 637. (a) This section may be cited as the `HELP Commission Act'.
* * * * * * *
- (f)(1) Not later than 2 years and 3 months after the members of the Commission are appointed under subsection (d)(1), the Commission shall submit a report to the President, the Secretary of State, the Committee on Appropriations and the Committee on International Relations of the House of Representatives, and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, setting forth its findings and recommendations under section (c)(2).
* * * * * * *
-
SECTION 1238 OF THE FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COMMISSION.
- (a) * * *
* * * * * * *
- (c) DUTIES-
- (1) ANNUAL REPORT- Not later than [Struck out->]
[ June ][<-Struck out] November 1 each year (beginning in 2002), the Commission shall submit to Congress a report, in both unclassified and classified form, regarding the national security implications and impact of the bilateral trade and economic relationship between the United States and the People's Republic of China. The report shall include a full analysis, along with conclusions and recommendations for legislative and administrative actions, if any, of the national security implications for the United States of the trade and current balances with the People's Republic of China in goods and services, financial transactions, and technology transfers. The Commission shall also take into account patterns of trade and transfers through third countries to the extent practicable.* * * * * * *
- [Struck out->]
[ (g) Applicability of FACA- The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission. ][<-Struck out]* * * * * * *
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, language is included transferring unexpended balances as follows:
Under Detention Trustee, language is included transferring unobligated balances available from prior years from the funds appropriated under the heading `Federal Prisoner Detention' shall be transferred to this account.
Under Coastal Zone Management Fund, language is included transferring balances to the Operations, Research and Facilities account.
Under Department of Commerce General Provisions, language is included making funds available for transfer for certain purposes.
Under the Federal Communications Commission, language is included regarding the transfer of funds from the Universal Service Fund.
Under Title VI General Provisions, language is included making funds available for transfer for certain purposes.
RESCISSIONS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following table is submitted describing the rescissions recommended in the accompanying bill:
| Department of Justice, Violent Crime Reduction Trust Fund | $8,000,000 |
| Department of Justice, Telecommunications Carrier Compliance Fund | 39,000,000 |
| Department of Justice, Assets Forfeiture Fund | 152,787,000 |
| Department of Justice, State and Local Law Enforcement Assistance | 127,500,000 |
| Department of Justice, Community Oriented Policing Services | 127,500,000 |
| Department of Commerce, Emergency Steel Guaranteed Loan Program Account | 38,607,000 |
| Department of State, Center for Middle Eastern-Western Dialogue Trust Fund | 10,000,000 |
| Small Business Administration, Salaries and Expenses | 6,100,000 |
| Small Business Administration, Business Loans Program Account | 5,000,000 |
| Small Business Administration, Disaster Loans Program Account | 3,700,000 |
| Insert graphic folio 012 HR520.001 | |
| Insert graphic folio 013 HR520.002 | |
| Insert graphic folio 014 HR520.003 |
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY
The following table provides a detailed summary, for each Department and agency, comparing the amounts recommended in the bill with fiscal year 2006 enacted amounts and budget estimates presented for fiscal year 2007:
ADDITIONAL VIEWS OF REPRESENTATIVES OBEY, HOYER AND MOLLOHAN
Representatives Obey, Hoyer and Mollohan offered an amendment in full committee to increase the hourly minimum wage from $5.15 to $5.85 on January 1, 2007; $6.55 on January 1, 2008, and $7.25 on January 1, 2009. It was the same amendment that the committee approved and included in the Labor-Health and Human Services-Education appropriations bill. When it became clear that the Republican Leadership would not allow that bill and the wage increase to receive a vote on the House floor, Democrats moved to offer the amendment again on this bill. This time, the amendment was defeated on a straight party-line vote of 28-34.
The need to increase the minimum wage is clear. According to the most recent poverty statistics, there are 3.7 million workers who worked full-time, year-round, and still lived in poverty. During the 1960s and 1970s, the annual earnings of a full-time, year-round worker earning the minimum wage were roughly equal to the poverty level for a family of three. To reach the poverty level for a family of three in 2006 ($16,600), a full-time, year-round worker would need to earn $7.98 an hour--$2.83 more than the current minimum wage. Americans who work full-time, year-round should not live in poverty.
The minimum wage increase of $2.10 per hour over 24 months in this bill would directly benefit about 7 million low-wage workers, according to the Economic Policy Institute, and its spillover effects would benefit an additional 8 million workers. Moreover, this increase would benefit poor workers who need it most: 54 percent of the gains from the proposed $2.10 hourly increase would go to working households in the bottom 40 percent of the income scale.
Giving Americans a raise by increasing the minimum wage does not harm economic growth. Since 1997, 20 states and D.C. have enacted minimum wage rates above the $5.15 Federal level. Employment growth in those states disproves predictions that increasing the minimum wage would make small business employers less inclined to hire. In fact, small business employment between 1997 and 2003 grew more in states with a higher minimum wage than in Federal minimum wage states (9.4 percent versus 6.6 percent).
The last increase in the federal minimum wage was signed into law nearly a decade ago by President Clinton. Since the wage has remained stagnant, it now equals only 31 percent of the average hourly wage of American workers--the lowest level since 1949. The House recently agreed to legislation that would provide the ninth cost-of-living increase for Members of Congress since the current level of the minimum wage took effect. Isn't it time to vote on an increase in the minimum wage?
Dave Obey.
Alan B. Mollohan.
Steny Hoyer.
ADDITIONAL VIEWS OF THE HONORABLE DAVID OBEY AND THE HONORABLE ALAN B. MOLLOHAN
The President's request for Science, State, Justice and Commerce FY 2007 programs yields ground in the fight against crime, backs away from the supporting economically distressed communities, retreats from investments in cutting edge innovations, and abrogates our responsibility to ensure equal justice under the law. This bill improves on the Administration's budget, and Chairman Wolf, a man of principle and passion, deserves credit for those improvements. Nonetheless, the President's failures do not excuse Congress from its obligation to adopt a responsible budget resolution that enables us to adequately address these critical issues.
THE PRESIDENT'S BUDGET AND THE CHALLENGES WE FACE
State and Local Law Enforcement: Despite the subcommittee restoring $1.1 billion above the request, this bill provides $2.3 billion in assistance to state and local law enforcement, a reduction of $200 million compared to last year and $2.2 billion compared to 2001. Each year, President Bush's budget has proposed to cut funding for formula grants and assistance to: prevent and prosecute gang activities; combat methamphetamine; equip our police with bulletproof vests and interoperable communications; reduce recidivism; and, encourage effective crime prevention techniques for at-risk youth. Each year, the Committee struggles to restore these cuts. And each year, assistance to State and local law enforcement declines.
[In billions of dollars]
------------------------------------------------------------
FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007
------------------------------------------------------------
Enacted: $4.4 $4.0 $3.5 $3.0 $2.8 $2.5 $2.3 (H)
Request: $3.5 $2.7 $2.3 $1.6 $1.5 $1.2
------------------------------------------------------------
Last year, violent crime rose by the largest percentage since 1991. Murders increased 4.8 percent--the largest increase in 15 years according to FBI statistics. This is the first increase in violent crime since 2001.
When violent crime is on the rise and local police face additional homeland security demands, this is no time to cut assistance to our State and local law enforcement.
Economic Development Administration: The story is the same with the Economic Development Administration (EDA). Every year, the level provided is a little less than the year before. This year, the Chairman's mark provides $261 million for EDA. This is $66 million below the request of $327 million and $19 million below the 2006 enacted level. Since 2001, EDA support for communities with high unemployment and low incomes has been cut by $179 million--more than 40 percent.
Even in good economic times, many communities in America have been left behind. Today, with the economy failing to provide new jobs and increased wages, EDA efforts that spur public and private investments in commercial and industrial jobs are needed more than ever. EDA's efforts have created more than four million new jobs since its inception and leveraged in excess of $130 billion in private sector investment.
NASA science and education: While the primary Moon-Mars account rose by 30 percent, science funding increased only 1.5 percent, a cut after adjusting for inflation of 1.9 percent. The FY06 budget estimated the FY07 science account to be $5.9 billion. Instead, the request was a little more than $5.3 billion--a reduction of $600 million. These cuts have been forced by funding increases for the Moon-Mars initiative and the continued costs of the space shuttle and the International Space Station. They have forced numerous science missions to be `deferred' or cancelled outright. These missions expand our knowledge of the universe and our planet.
Until this year, NASA had made significant investments in science. And that investment resulted in incredible missions of discovery. For examples, these investments brought us: the Mars Rovers; the Mars Reconnaissance Orbiter, which is sending us high resolution images of the Martian surface; and, the Cassini/Huygens mission which may have found evidence of water on one of Saturn's moons.
These missions are exciting and are inspiring to the next generation of scientists and engineers. The Explorer Program, one of the programs targeted for reduction, is one of the few competitively run NASA programs that engages universities, industry, and other partners to explore the most cutting edge scientific discoveries in all aspects of astronomy and astrophysics. Designed to provide relatively cheap and fast access to space, these low-budget spacecraft are often developed and managed by university groups. Cuts to this program will end a generation of young people entering this field and possibly ending American domination of space science.
The President's request also cuts NASA education by 14 percent, $25 million, from compared to two years ago--from $178.9 million to $153.3 million. NASA's education programs capitalize on the excitement of NASA's discoveries and missions to inspire future generations of space scientists. At a time when the President is proposing to double the physical sciences in NSF, NIST, and DOE and we are all focusing on the importance of science education, cutting NASA science education simply makes no sense.
Legal Services Corporation: This year's bill provides $313 million for Legal Services Corporation (LSC), $12.7 million below the enacted level and $87 million below the high water mark in 1996. LSC helps ensure that every American, regardless of income, receives equal access to justice.
LSC's budget declined precipitously in 1996, from $400 million to $278 million, then slowly but steadily rose to $338 million in 2003. Since 2003, budget cuts and increasing costs have caused LSC to close 16 field offices, hire 100 fewer attorneys and 240 fewer paralegals. As a result, the number of cases handled by LSC declined by 30,000 even as the demand for legal services has increased. Since 2003, the eligible population has grown by 3 million Americans. We cannot continue to cut LSC and uphold the principle of the Pledge of Allegiance to provide justice for all.
THE MOLLOHAN AMENDMENT--THE DEMOCRATIC ALTERNATIVE
On eight of the other annual appropriations bills, Democrats have offered amendments that provided for additional investments in a range of domestic priorities offset by asking people making more than $1 million a year to get by with a slightly smaller tax cut than
the Republicans would provide. These amendments were fiscally responsible and consistent with the Democratic alternative budget.
During consideration of this Science-State-Justice-Commerce bill, Representative Mollohan offered such an amendment. The Mollohan amendment would:
- Support state and local law enforcement grants by providing an additional $312 million to reach the full authorization level of $900 million;
- Assist economically distressed communities by providing an additional $65 million, which is $46 million above last year;
- Ensure assistance to those most in need is most effective by providing an additional $13 million for the Survey of Income and Program Participation (SIPP);
- Help ensure equal justice by providing an additional $92 million for the Legal Services Corporation (LSC), an increase that brings LSC to its 1995 high-water mark funding level;
- Provide a range of assistance to small businesses by providing an additional $20 million to the Small Business Administration's microloan program; and,
- Bolster science and education programs at NASA by $100 million to reverse the trend of damaging cuts in this area.
To be clear, the Mollohan amendment-as with all of the Democratic budget alternative amendments offered in committee--would not increase the deficit. These amendments are fully offset by providing people making more than $1 million a year with a slightly smaller tax cut than Republicans would provide in their budget. In keeping with the Democratic alternative, the Mollohan amendment was offset by shrinking the average tax break for people making more than $1 million a year by 1.45 percent--from $114,172 to $112,515--a reduction of $1,657.
The bottom line is: $59.8 billion is not enough for all the programs we have discussed and numerous others we have not mentioned, including funding for the National Oceanic and Atmospheric Administration, life sciences funding at NASA and biology funding at National Science Foundation.
EXPLOSIVES TAX
The bill contains a $30 million tax on explosives users. The President proposed a $120 million tax as he did last year. This tax is unacceptable. We hope and expect that the legislative provision that imposes the burdensome tax will be eliminated from this bill.
OTHER AMENDMENTS
Permanent Bases in Iraq The Committee accepted a Democratic amendment offered by Representative Obey that prohibits the use of funds to enter into military basing rights agreements between the United States and Iraq. In effect, this provision bars the establishment of permanent U.S. bases in that country. This provision is meant to send a clear, unequivocal message to the Iraqi people and to the world that the United States will not indefinitely occupy Iraq.
Congress missed the opportunity to signal its opposition to permanent bases in the recently approved FY 2006 Iraq supplement emergency supplemental. Despite both the House and the Senate including a ban on permanent basing in their respective bills, the conference committee just two weeks ago jettisoned the provision. We hope that the prohibition inserted in this bill will last longer than it did in the FY 2006 supplemental.
Leal Services Corporation. We are disappointed the Committee rejected, by a vote of 27-32, a Democratic amendment offered by Representative Obey to add $25 million to LSC to restore funding to the 2003 spending level, the recent high-water mark.
Survey of Income and Program Participation: Both the President's budget and the Chairman's mark eliminated funding for the Census Bureau's current Survey of Income and Program Participation (SIPP), which analyzes the impact of state and federal government programs on the well-being of American families. The data it gathers are essential to ensure the effectiveness of a range of federal, state, and local assistance for the most vulnerable in America. Eliminating the survey would leave gaps in the data until a new survey is designed and implemented, leaving policymakers in the dark at a time when Congress is considering changes to Social Security and Medicaid.
While we agree that the Census Bureau has made the decennial census its top priority, we cannot imagine that a survey measuring poverty and the participation of transfer payments should be a low priority. In fact, as government dollars become scarcer, we need the information provided by the SIPP to understand whether those resources are being effectively allocated and truly helping Americans in need. As such, we are pleased that the Committee accepted a Democratic amendment offered by Representative Serrano providing an additional $13 million to continue the SIPP.
SBA Microloans: Both the President's budget and the Chairman's mark would eliminate the Small Business Administration's Microloan program, which is the largest federal program solely dedicated to supporting the credit needs of very small businesses and self-employed entrepreneurs.
The Microloan program is essential because it serves small businesses that would not typically fund a loan from financial institutions and would not qualify under the SBA's 7(a) loan program. Many do not meet traditional credit screening requirements or lack the business training necessary to access affordable capital. The Microloan program provides the funds and training these entrepreneurs need to get their new businesses off the ground.
The Committee accepted an amendment providing $10 million in technical assistance and $1 million of budget authority that will provide roughly $9 million in lending authority for the Microloan program. We believe that this amount is wholly inadequate and hope that additional funding can be provided as the bill moves forward.
CONCLUSION
Chairman Wolf has a difficult job balancing a diverse portfolio of important programs in a tough budgetary climate. After House Republicans adopted an unrealistic budget resolution this past spring, this bill and the 10 other annual appropriations bills the Committee has now reported are bound to come up short, and they have in ways large and small.
That budget resolution, which accepted the President's overall target for discretionary spending, didn't make this bill's failings a possibility; that budget made this bill's shortcomings a certainty.
Dave Obey.
Alan B. Mollohan.