House Report 116-455: Commerce, Justice, Science Appropriations Bill, 2021 (July 16, 2020)
Summary
House Report 116-455, dated July 16, 2020, is the Committee on Appropriations report, submitted by Serrano with minority views, on the Commerce, Justice, Science, and Related Agencies Appropriations Bill, 2021. The report states that the bill provides a total of $71,472,700,000 in discretionary budget authority for fiscal year 2021. Under the heading Policing Reform and Racial Justice, it lists $165,998,000 for the Civil Rights Division of the Department of Justice, $5,000,000 for a National Task Force on Law Enforcement Oversight, and $500,000 for a National Police Misconduct Registry. It also notes funding in the Coronavirus Aid, Relief, and Economic Security Act, including $1,886,000,000 for the Department of Commerce.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Crpt Crpt 116Hrpt455 Crpt 116Hrpt455
- Case
- Crpt Crpt 116Hrpt455 Crpt 116Hrpt455
Cite this document
“House Report 116-455: Commerce, Justice, Science Appropriations Bill, 2021 (July 16, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt455-crpt-116hrpt455/
, SHA-256 e5d8b05dccf74cc395cd21bfd3411ed9cd1caf5b95fd95fb9122e2c627c7ad3f.Full text
116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–455
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2021
JULY 16, 2020.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. SERRANO, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7667]
The Committee on Appropriations submits the following report in
explanation of the accompanying bill making appropriations for
Commerce, Justice, Science, and Related Agencies for the fiscal
year ending September 30, 2021, and for other purposes.
INDEX TO BILL AND REPORT
Page number
Bill Report
Title I—Department of Commerce ............................................................ 2 12
Title II—Department of Justice ................................................................ 24 54
Title III—Science ........................................................................................ 84 115
Office of Science and Technology Policy ............................................ 84 115
National Space Council ...................................................................... 85 116
National Aeronautics and Space Administration ............................. 85 116
National Science Foundation ............................................................. 95 130
Title IV—Related Agencies ........................................................................ 99 138
Commission on Civil Rights ............................................................... 99 138
Equal Employment Opportunity Commission .................................. 100 138
International Trade Commission ....................................................... 101 139
Legal Services Corporation ................................................................ 101 139
Marine Mammal Commission ............................................................ 103 140
Office of the United States Trade Representative ........................... 103 140
State Justice Institute ........................................................................ 104 141
Title V—General Provisions ...................................................................... 105 141
rfrederick on DSKBCBPHB2PROD with HEARING
House of Representatives Reporting Requirements ......................... ........ 145
Minority Views .................................................................................... ........ 198
40–849
VerDate Sep 11 2014 09:45 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00001 Fmt 6659 Sfmt 6659 E:\HR\OC\HR455.XXX HR455
2
HIGHLIGHTS OF THE BILL
The Commerce, Justice, Science, and Related Agencies Sub-
committee has jurisdiction over a diverse group of agencies respon-
sible for promoting economic development; researching climate
change and mitigating its impacts; protecting civil rights; pro-
moting criminal justice reform; combating violent crime, financial
fraud, terrorism, espionage, and drug trafficking; addressing gun
violence; ensuring access to justice; enforcing trade laws; con-
ducting periodic censuses; forecasting the weather; managing fish-
eries; exploring space; and advancing science. The activities of
these agencies impact every American and are integral to the oper-
ations of our government.
The bill provides a total of $71,472,700,000 in discretionary
budget authority for fiscal year 2021. Within the level of funds pro-
vided, the bill prioritizes funding to help reform law enforcement
practices across the country and to ensure the civil rights of all
Americans. The bill also prioritizes numerous public investments
important for job creation, infrastructure improvements, American
competitiveness, public safety, climate research and other scientific
research, and improving the accuracy of weather forecasting. In ad-
dition, the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (Public Law 116–136) included funding to prevent,
prepare for, and respond to coronavirus, including $1,886,000,000
for the Department of Commerce; $1,007,000,000 for the Depart-
ment of Justice; $60,000,000 for the National Aeronautics and
Space Administration; $76,000,000 for the National Science Foun-
dation; and $50,000,000 for the Legal Services Corporation.
Policing Reform and Racial Justice.—The Committee takes very
seriously its solemn obligation to help improve the state of policing
and ensure racial justice in the United States. The appalling mis-
treatment of African Americans and other minorities at the hands
of police officers in communities throughout the country is a long-
standing epidemic that demands immediate reforms throughout the
Nation, including decisive and meaningful action from this Com-
mittee. To that end, the Committee has included a number of re-
sponsible investments and reforms. The Committee’s recommenda-
tion includes the following:
• Provides $165,998,000 for the Civil Rights Division of the
Department of Justice, an increase of $17,759,000 above fiscal
year 2020. Within this amount, an increase of not less than
$10,000,000 is provided for investigations and enforcement re-
lated to the patterns and practices of police departments, in-
cluding compliance with consent decrees. In addition, increases
of $10,000,000 within the appropriation for United States At-
torneys and $5,000,000 within the Federal Bureau of Inves-
tigation (FBI) are provided for this same purpose.
• Prohibits funds from being used to implement the Attor-
ney General Memorandum dated November 7, 2018, entitled
‘‘Principles and Procedures for Civil Consent Decrees and Set-
tlement Agreements with State and Local Governmental Enti-
rfrederick on DSKBCBPHB2PROD with HEARING
ties’’. This memorandum puts significant limits on the ability
of the Federal Government to help reform policing practices in
local communities.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
3
• Directs the Attorney General to take the lead in devel-
oping and implementing strong and uniform accreditation
standards for Federal, State, and local law enforcement, based
on an analysis of existing accreditation standards and method-
ology development by law enforcement accreditation organiza-
tions nationwide, as well as the May 2015 recommendations of
the President’s Task Force on 21st Century Policing.
• Prohibits Justice Department funds from being made
available for any law enforcement agency of any State or unit
of local government unless the Attorney General has certified
that such agency has begun or completed the process of obtain-
ing accreditation from a certified law enforcement accreditation
organization.
• Directs the Attorney General to establish a program to im-
prove training for all Federal, State, and local law enforcement
officers, including the development of standards that can be
applied in hiring and performance assessments, specifically
aimed at racial profiling, implicit bias, and procedural justice,
as well as the use of force and the duty for officers to intervene
when witnessing the use of excessive force against civilians.
The recommendation further directs the Attorney General to
establish standards for such training to be adopted nationwide.
• Establishes and provides $5,000,000 for a National Task
Force on Law Enforcement Oversight. This Task Force is de-
signed to coordinate the detection and referral of complaints
regarding incidents of alleged law enforcement misconduct na-
tionwide, in consultation with professional law enforcement as-
sociations, labor organizations, and community-based organiza-
tions.
• Provides $500,000 for the development and implementa-
tion of a National Police Misconduct Registry, designed to
serve as a central repository of data with respect to all Federal,
State, and local law enforcement officers, to be compiled and
maintained by the Department of Justice. This would provide
a publicly available resource to help ensure accountability and
transparency and help restore trust in the credibility of the
Nation’s law enforcement agencies and improve relationships
between them and the communities they serve.
• Prohibits any State or unit of local government from re-
ceiving any Byrne JAG program funds or COPS program
funds, unless the United States Attorney General certifies that
the jurisdiction satisfies all of the following requirements:
1. Maintains adequate policies and procedures designed to
eliminate racial profiling in law enforcement, and has elimi-
nated any existing practices that permit or encourage racial
profiling in law enforcement;
2. Requires each law enforcement officer in the State or unit
of local government to complete training programs on racial
profiling, implicit bias, de-escalation, use of force and a duty to
intervene in cases where another law enforcement officer is
using excessive force against a civilian, and procedural justice;
rfrederick on DSKBCBPHB2PROD with HEARING
3. Has in effect a law that prohibits law enforcement officers
from using a chokehold or carotid hold, consistent with the re-
quirements as described in section 363 of H.R. 7120, The
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
4
George Floyd Justice in Policing Act, as passed by the House
of Representatives on June 25, 2020;
4. Has in effect a law that prohibits law enforcement officers
from using less lethal force, consistent with the requirements
as described in section 364 of H.R. 7120;
5. Has in effect a law that prohibits law enforcement officers
from using deadly force, consistent with the requirements as
described in section 364 of H.R. 7120;
6. Has in effect a law that prohibits the issuance of a ‘‘no-
knock warrant’’ in a drug case, consistent with the require-
ments as described in section 362 of H.R. 7120;
7. Has provided the United States Attorney General a law
enforcement practice report that includes information on the
race, ethnicity, age, and gender of the officers and employees
of the law enforcement agency and of members of the public in-
volved in:
(a) traffic violation stops;
(b) pedestrian stops;
(c) frisk and body searches; and
(d) instances where officers or employees of the law en-
forcement agency used deadly force, including detailed in-
formation on such instances.
8. Has not entered into or renewed any contractual arrange-
ment, including a collective bargaining agreement with a labor
organization, that:
(a) would prevent the Attorney General from seeking or
enforcing equitable or declaratory relief against a law en-
forcement agency engaging in a pattern or practice of un-
constitutional misconduct, or
(b) conflicts with any terms or conditions contained in a
consent decree.
• Prohibits any State or unit of local government from re-
ceiving any Byrne JAG program funds or COPS program
funds, unless the United States Attorney General certifies that
the jurisdiction (including all members of multi-jurisdictional
or regional consortia applying for COPS funds) has in effect a
law that makes it a criminal offense for any person acting
under color of law to engage in a sexual act with an individual,
including an individual who is under arrest, in detention, or
otherwise in the actual custody of any law enforcement officer.
• Requires ten percent of each applicant’s Byrne JAG for-
mula funds to be spent to develop and implement best practice
devices and systems to eliminate racial profiling, including
training to prevent racial profiling and to encourage more re-
spectful interaction with the public, the acquisition and use of
technology to facilitate the accurate collection and analysis of
data, the development and acquisition of feedback systems and
technologies that identify officers or units of officers engaged
in, or at risk of engaging in, racial profiling or other mis-
conduct, and the establishment and maintenance of an admin-
istrative complaint procedure or independent auditor program.
• Requires five percent of each applicant’s Byrne JAG for-
rfrederick on DSKBCBPHB2PROD with HEARING
mula funds to be spent to assist law enforcement agencies of
the applicant, including campus public safety departments,
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
5
gain or maintain accreditation from certified law enforcement
accreditation organizations.
• Requires five percent of each applicant’s Byrne JAG for-
mula funds to be used to study and implement effective man-
agement, training, recruiting, hiring, and oversight standards
and programs to promote effective community and problem
solving strategies for law enforcement agencies.
• Requires five percent of each applicant’s Byrne JAG for-
mula funds to be used to purchase or lease body-worn cameras
for use by State, local, and tribal law enforcement officers; for
expenses related to the implementation of a body-worn camera
program in order to deter excessive force, improve account-
ability and transparency of use of force by law enforcement of-
ficers, and improve evidence collection; or to implement policies
or procedures to be consistent with requirements as described
in section 382 of H.R. 7120, as passed by the House of Rep-
resentatives on June 25, 2020. The recommendation addition-
ally includes $27,500,000 for the competitive matching grant
program for purchases of body-worn cameras for State, local
and Tribal law enforcement.
• Provides $50,000,000 for grants to train State and local
law enforcement officers on racial profiling, implicit bias, de-es-
calation, use of force and a duty to intervene when witnessing
other officers using excessive force, and procedural justice.
• Provides $100,000,000 for grants to assist states in con-
ducting pattern and practice investigations of law enforcement.
• Provides $7,200,000 for grants to support State and local
law enforcement in complying with reform efforts as a result
of litigation including, but not limited to, consent decrees, out
of court agreements, memoranda of understanding, findings,
technical assistance, and recommendation letters from reform
authorities.
• Provides $250,000,000 for grants to states and tribes to as-
sist in implementing statutes providing for independent inves-
tigation of law enforcement officers.
• Provides $25,000,000 for grants to community-based orga-
nizations to study and implement: (1) effective management,
training, recruiting, hiring, and oversight standards and pro-
grams to promote effective community and problem solving
strategies for law enforcement agencies; or (2) effective strate-
gies and solutions to public safety, including strategies that do
not rely on Federal or local law enforcement agency responses.
The studies shall address standards relating to administrative
due process, residency requirements, compensation and bene-
fits, use of force, racial profiling, early warning systems, juve-
nile justice, school safety, civilian review boards or analogous
procedures, or research into the effectiveness of existing pro-
grams, projects, or other activities designed to address mis-
conduct by law enforcement officers.
• Provides $25,000,000 for pilot programs and the imple-
mentation of effective standards and programs in the areas of
training, hiring and recruitment, and oversight that are de-
rfrederick on DSKBCBPHB2PROD with HEARING
signed to improve management and address misconduct by law
enforcement officers. In addition, not less than $4,000,000 is
separately provided within the COPS account to develop best
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
6
practices for, and to create, civilian review boards, consistent
with the requirements as described in section 104(b) of H.R.
7120 as passed by the House of Representatives on June 25,
2020.
• Provides $15,000,000 for technical assistance grants to
tribes and small law enforcement agencies (employing 100 or
fewer officers) to help them comply with the requirements of
H.R. 7120, as passed by the House of Representatives on June
25, 2020, related to reporting data on the use of force by law
enforcement officers.
• Provides $5,000,000 for grants within the Byrne JAG pro-
gram for the development of best practices for, and the cre-
ation of, local task forces on public safety innovation.
• Provides $5,000,000 for up to five technical assistance
grants for data collection on the hit rates for stops and
searches by law enforcement agencies, and provides $500,000
for analysis and evaluation of this data.
• Provides $20,300,000 for the Community Relations Serv-
ice, an increase of $4,300,000 above fiscal year 2020, including
$3,300,000 for additional conflict resolution efforts as author-
ized in section 116(2) of H.R. 7120 as passed by the House of
Representatives on June 25, 2020.
• Provides $12,000,000 for the U.S. Commission on Civil
Rights, an increase of $1,935,000 above fiscal year 2020, in-
cluding additional funding in support of the Commission’s ef-
forts to further research and advise on the topic of policing re-
form.
• Provides $6,000,000 for domestic radicalization research
and directs the National Institute of Justice (NIJ) to prioritize
funding toward research efforts that explore the radicalization
of Americans to white nationalist extremism and identify and
advance evidence-based strategies for effective intervention
and prevention.
• Directs the FBI to report on the number of incidents in fis-
cal years 2016 through 2020 that required surveillance, inves-
tigation, and prosecution of white supremacist activity or ra-
cially motivated violent extremism associated with white su-
premacist ideology.
• Directs NIJ to conduct a study to identify evidence-based
procedures, practices, trainings, and policies that both reduce
the use of excessive force by law enforcement as well as sup-
port the effective use of de-escalation training to resolve con-
frontations peacefully.
• Directs NIJ to conduct a nationwide study of the preva-
lence and effect of any law, rule, or procedure that allows a law
enforcement officer to delay the response to questions posed by
a local internal affairs officer, or review board on the investiga-
tive integrity and prosecution of law enforcement misconduct,
including pre-interview warnings and termination policies, con-
sistent with requirements as described in section 115 of H.R.
7120 as passed by the House of Representatives on June 25,
rfrederick on DSKBCBPHB2PROD with HEARING
2020.
In addition, the recommendation includes the following further
measures aimed at ensuring racial justice:
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
7
• Provides $8,000,000 for grants authorized under the Mat-
thew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act (Public Law 111–84) to help states, localities, and tribal
law enforcement agencies to conduct educational outreach and
training on hate crimes, and to investigate and prosecute hate
crimes.
• Provides $13,500,000, as authorized, in support of the Em-
mett Till Unsolved Civil Rights Crimes Reauthorization Act of
2016 (Public Law 114–325) to investigate and prosecute pre-
viously unresolved civil rights era ‘‘cold case’’ murders sus-
pected of having been racially motivated, through a partner-
ship among the Criminal Section of the Civil Rights Division,
the Civil Rights Unit of the FBI, the Community Relations
Service, State and local law enforcement officials, and other el-
igible entities.
• Provides $408,700,000 for the Equal Employment Oppor-
tunity Commission, an increase of $19,200,000 above fiscal
year 2020.
• Provides $52,000,000 for the Minority Business Develop-
ment Agency, an increase of $10,000,000 above fiscal year
2020, to help create jobs and expand business growth opportu-
nities among minority-owned U.S. companies.
Infrastructure and Economic Growth.—This bill invests in our
nation’s infrastructure improvement needs by providing
$356,000,000 for the Economic Development Administration (EDA),
an increase of $23,000,000 above fiscal year 2020, including in-
creases for EDA’s Public Works program, Regional Innovation
Strategies program, and other EDA programs. These funds will
support the Nation’s economic recovery and provide the foundation
for future growth in jobs and our standard of living.
The bill also helps expand economic growth in other ways. The
recommendation includes $153,000,000 for the Manufacturing Ex-
tension Partnership program, an increase of $7,000,000 above fiscal
year 2020. This program helps small- and medium-sized U.S. man-
ufacturers create jobs and expand business growth opportunities. A
robust funding increase is provided for the International Trade Ad-
ministration, to create jobs by expanding U.S. exports and fighting
the unfair trade practices of other countries. Furthermore, the full
budget request of $3,695,295,000 is provided for the U.S. Patent
and Trademark Office (PTO), to enable PTO to promote innovation
in the United States by protecting our nation’s intellectual property
rights both at home and abroad.
The bill also ensures responsible investments in the future of our
Nation’s economy and workforce by providing increases for science,
technology, engineering, and mathematics (STEM) engagement at
the National Aeronautics and Space Administration (NASA) and
the National Science Foundation (NSF), as well as an increase for
EDA’s STEM Apprenticeship Pilot Program to create and expand
STEM apprenticeships and other workforce training models. With-
in the National Institute of Standards and Technology, strong fund-
rfrederick on DSKBCBPHB2PROD with HEARING
ing increases are provided for research efforts related to key future
technologies, including quantum information science and artificial
intelligence.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
8
All of these investments in our economy are especially important
now, as the Nation continues to deal with the very real economic
consequences associated with the coronavirus pandemic.
Census Bureau.—The bill provides the full budget request for
Periodic Censuses and Programs, to enable the Census Bureau to
effectively finish its work on the constitutionally-required decennial
census.
Efforts Addressing Climate Change.—The bill provides strong
and responsible funding increases for critical efforts to better un-
derstand, and prepare for, the Earth’s changing climate. Notable
funding increases are provided for NASA Earth Science activities
as well as for climate research activities of the National Oceanic
and Atmospheric Administration (NOAA). Both areas have been re-
peatedly targeted by the Administration for large funding cuts and
eliminations. This bill once again rejects those proposals. The rec-
ommendation also increases funding for NOAA’s National Coastal
Resiliency Fund. This competitive grant program funds natural in-
frastructure solutions to help protect coastal areas threatened by
rising sea level and other impacts of climate change. Furthermore,
the recommendation includes funding increases both for NOAA’s
Coastal Zone Management grant program, and to enhance the Na-
tional Weather Service’s ability to accurately forecast extreme
weather events.
Fighting the Opioid Epidemic.—The bill provides substantial re-
sources to address the opioid epidemic. To assist State and local
governments, the bill provides strong funding increases for grants
authorized by the Comprehensive Addiction and Recovery Act. For
Federal law enforcement, the bill maintains funding to support
Federal law enforcement’s ability to investigate and prosecute traf-
fickers in opioids and other dangerous drugs.
Justice Grants.—The bill provides other responsible increases for
Department of Justice grant assistance. For programs funded
under the Violence Against Women Act, the bill provides
$525,000,000, an increase of $22,500,000 above fiscal year 2020.
For school safety, the bill provides $140,000,000, an increase of
$15,000,000, to fund the STOP School Violence Act of 2018. In ad-
dition, the bill increases funding for other activities that will ad-
dress school violence, such as youth mentoring grants and grants
for juvenile justice and delinquency prevention.
Preventing Gun Violence.—The bill also takes important steps to-
wards addressing gun violence in this country. The bill maintains
current funding for the FBI’s National Instant Criminal Back-
ground Check System (NICS) and provides a strong funding in-
crease for grants to help States improve their submissions into the
NICS system. The bill also increases funding for the Bureau of Al-
cohol, Tobacco, Firearms and Explosives (ATF) by $150,000,000
above fiscal year 2020 to hire additional investigative personnel
and expand oversight of Federal Firearms Licensees.
Legal Services Corporation.—The recommendation makes a
strong commitment to ensuring access to justice for all Americans
by providing $465,000,000 for the Legal Services Corporation, an
increase of $25,000,000 above fiscal year 2020.
rfrederick on DSKBCBPHB2PROD with HEARING
First Step Act and Second Chance Act.—The recommendation in-
cludes not less than $165,000,000, an increase of $90,000,000 above
fiscal year 2020, for programs authorized under the First Step Act
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
9
of 2018, to expand and develop opportunities for incarcerated indi-
viduals to participate in evidence-based, recidivism-reducing pro-
gramming and productive activities. The recommendation also in-
cludes $100,000,000 for Second Chance Act grants, an increase of
$10,000,000 above fiscal year 2020.
National Aeronautics and Space Administration (NASA).—For
NASA, the bill includes $22,629,000,000, equal to fiscal year 2020,
including strong funding levels for NASA’s science, human space
exploration, space technology, aeronautics research, and STEM En-
gagement programs, many of which have been repeatedly targeted
for reduction or even elimination in the Administration’s budget re-
quests.
Other Science Investments.—The recommendation makes other
strong investments in science as well, providing $8,548,343,000 for
the National Science Foundation, an increase of $270,013,000
above fiscal year 2020, and $789,000,000 for scientific and technical
research and services of the National Institute of Standards and
Technology, an increase of $35,000,000 above fiscal year 2020.
OVERSIGHT AND BUDGET REVIEW
In furtherance of the Committee’s oversight responsibilities and
to protect hard-earned taxpayer dollars, the Committee has in-
cluded language that:
• Provides strong funding increases for the agency inspec-
tors general funded in this bill.
• Caps total life-cycle costs for programs that have a record
of poor performance.
• Prohibits funding for the National Technical Information
Service to charge customers for a copy of a document generated
by the Legislative Branch unless the customer is informed how
to receive an electronic copy free online.
• Prohibits the Executive Office for Immigration Review
from using case completion quotas in immigration judge per-
formance evaluations.
• Maintains limitations on the Department of Justice’s use
of non-appropriated funds, including the Working Capital Fund
and the Assets Forfeiture Fund.
• Requires quarterly reporting of unobligated balances.
• Requires agencies procuring sensitive information tech-
nology systems to conduct supply chain risk assessments.
• Requires contractors and grantees receiving more than
$5,000,000 to certify that they are not delinquent on their Fed-
eral taxes.
• Prohibits funds from being used to purchase first class and
premium airline travel.
• Limits the number of agency staff who can attend overseas
conferences.
• Requires agencies to track undisbursed grant balances.
• Requires agencies to submit spending plans for the Com-
mittee’s review.
• Requires agencies to notify the Committee of project cost
overruns and mitigation plans.
• Requires agency computer networks to block pornography.
rfrederick on DSKBCBPHB2PROD with HEARING
Paper Reduction Efforts.—The Committee urges the Departments
of Commerce and Justice, the National Science Foundation, and
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
10
NASA to work with the Office of Management and Budget to re-
duce printing and reproduction costs and directs each agency to re-
port to the Committee within 60 days of the enactment of this Act
on the steps it has taken to achieve this goal. The report should
specifically identify how much funding each agency expects to save
by implementing these measures.
Performance Measures.—The Committee directs all agencies
funded by this Act to comply with title 31 of the United States
Code, including the development of their organizational priority
goals and outcomes such as performance outcome measures, output
measures, efficiency measures, and customer service measures. The
Committee directs all agencies funded by this Act to report on their
implementation plans for these measures within 60 days of the en-
actment of this Act, and looks forward to receiving the reports on
this subject as directed in House Report 116–101.
Customer Service.—The Committee continues to support efforts
to improve customer service in accordance with Executive Order
13571—Streamlining Service Delivery and Improving Customer
Service. The Committee directs all agencies funded by this Act to
develop standards to improve customer service and incorporate the
standards into the performance plans required under 31 U.S.C.
1115. The Committee directs all agencies funded by this Act to re-
port on their implementation plans regarding this subject no later
than 60 days after enactment of this Act, and looks forward to re-
ceiving the reports on this subject as directed in House Report 116–
101.
Federal Advertising.—The Committee understands that, as the
largest advertiser in the United States, the Federal Government
should work to ensure fair access to its advertising contracts for
small disadvantaged businesses and businesses owned by minori-
ties and women. The Committee directs each department and agen-
cy funded by this Act to include the following information in its fis-
cal year 2022 budget justification: Expenditures for fiscal year 2020
and expected expenditures for fiscal years 2021 and 2022, respec-
tively, for (1) all contracts for advertising services; and (2) contracts
for the advertising services of: (a) socially and economically dis-
advantaged small business concerns (as defined in section 8(a)(4) of
the Small Business Act (15 U.S.C. 637(a)(4)); and (b) women- and
minority-owned businesses.
Services for Persons with Limited English Proficiency.—The Com-
mittee notes the importance of ensuring access to Federal services
and programs for all persons with limited English proficiency.
Therefore, the Committee directs agencies and programs funded in
this Act to comply fully with the requirements of Executive Order
13166, ‘‘Improving Access to Services for Persons with Limited
English Proficiency,’’ and on an ongoing basis, review and improve
their efforts to provide meaningful access to the programs, services,
and information they provide.
REPROGRAMMING PROCEDURES
Section 505 of the bill contains language concerning the re-
programming of funds between programs, projects, and activities.
rfrederick on DSKBCBPHB2PROD with HEARING
The Committee reminds the departments and agencies funded in
this bill that the reprogramming process is based on comity be-
tween the Congress and the Executive Branch. This process is in-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
11
tended to provide departments and agencies enough flexibility to
meet changing circumstances and emergent requirements not
known at the time of congressional review of the budget while pre-
serving congressional priorities and intent. In the absence of comity
and respect for the prerogatives of the Appropriations Committees
and the Congress in general, the Committee may opt to include
specific program limitations and details in legislation and remove
language providing the flexibility to reallocate funds. Under these
circumstances, programs, projects, and activities become absolutes
and the Executive Branch shall lose the ability to propose changes
in the use of appropriated funds except through legislative action.
Each department and agency funded in this Act shall follow the
directions set forth in this bill and the accompanying report and
shall not reallocate resources or reorganize activities except as pro-
vided herein. Reprogramming procedures shall apply to funds pro-
vided in this Act, unobligated balances from previous appropria-
tions Acts that are available for obligation or expenditure in fiscal
year 2021, and non-appropriated resources such as fee collections
that are used to meet program requirements in fiscal year 2021. As
specified in section 505, the Committee expects that the Appropria-
tions Subcommittees on Commerce, Justice, Science, and Related
Agencies of the House and Senate will be notified by letter a min-
imum of 15 days prior to any reprogramming of funds that—
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices, programs, or activities;
(6) contracts out or privatizes any functions or activities pres-
ently performed by Federal employees;
(7) augments existing programs, projects, or activities more than
$500,000 or 10 percent, whichever is less, or reduces by 10 percent
funding for any program, project, or activity, or numbers of per-
sonnel by 10 percent; or
(8) results from any general savings, including savings from a re-
duction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress.
The Committee recognizes that the coronavirus pandemic may
lead to unanticipated yet unavoidable agency costs that could re-
quire budgetary transfers and reprogrammings. However, the Com-
mittee expects to be promptly notified in advance of all such ac-
tions.
Any reprogramming request shall include any out-year budgetary
impacts and a separate accounting of program or mission impacts
on estimated carryover funds. The Committee further expects any
department or agency funded in this bill that plans a reduction-in-
force to notify the Committee by letter at least 30 days in advance
of the date of any such planned personnel action.
RELATIONSHIP WITH BUDGET AND COMPTROLLER OFFICES
Through the years the Appropriations Committee has channeled
rfrederick on DSKBCBPHB2PROD with HEARING
most of its inquiries and requests for information and assistance
through the budget offices or comptroller organizations of the var-
ious departments, agencies, and commissions. Such relationships
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
12
are necessary to accomplish the work of the Committee. While the
Committee reserves the right to call upon all organizations in the
departments, agencies and commissions for information and assist-
ance, the primary contact between the Committee and these enti-
ties must be through the budget offices and comptroller organiza-
tions, or through a legislative affairs unit designated by the Com-
mittee to work on appropriations and budget matters.
The workload generated in the budget process is large and grow-
ing; therefore, a positive, responsive relationship between the Com-
mittee and the budget and/or comptroller offices is essential for the
Committee to fulfill the Constitutional appropriations responsibil-
ities of Congress.
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
The Committee recommends $542,428,000 in total resources for
the programs of the International Trade Administration (ITA),
which is $21,178,000 above fiscal year 2020 and $57,021,000 above
the request. This amount is offset by $11,000,000 in estimated fee
collections, resulting in a direct appropriation of $531,428,000. The
recommendation fully supports the staffing requirements to help
ITA provide critical expertise in both trade promotion and facilita-
tion as well as enforcement. The Committee directs ITA to continue
to provide quarterly updates as described in the Explanatory State-
ment accompanying Public Law 116–93.
Industry and Analysis.—The recommendation continues support
for the Survey of International Air Travelers (SIAT) at no less than
the fiscal year 2020 level and encourages ITA to include an assess-
ment of the impacts of the coronavirus on the travel and tourism
industries in future SIAT surveys. Further, the Committee directs
ITA to provide a report to the Committee no later than 60 days
after enactment of this Act outlining next steps the Federal govern-
ment can take to assist industry as efforts to recover from this cri-
sis are underway. Additionally, the report should include policy rec-
ommendations or legislative proposals that may be considered.
Enforcement and Compliance.—The recommendation fully funds
Enforcement and Compliance at the requested level. The Com-
mittee commends ITA for its expansion of the existing Steel Import
Monitoring and Analysis system to include aluminum. The new
Aluminum Import Monitoring and Analysis (AIMA) system pro-
vides the public statistical data on aluminum imports entering the
United States and provides as an early warning system to the pub-
lic regarding aluminum imports from throughout the world. The
recommendation supports the $800,000 requested to support the
AIMA system and will help enhance data analytics and research
into aluminum global trade trends.
In fiscal year 2002, ITA had 168 analysts spread among nine dif-
rfrederick on DSKBCBPHB2PROD with HEARING
ferent Anti-Dumping and Countervailing Duty (AD/CVD) enforce-
ment offices and initiated 60 new AD/CVD investigations. However,
last year ITA initiated a similar number of investigations and
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
13
issued a historically high number of AD/CVD orders with roughly
20 percent fewer staff spread among eight enforcement offices. ITA
is directed to prioritize Anti-Dumping and Countervailing Duty
(AD/CVD) operations and the new Anti-Circumvention and Evasion
Unit by directing necessary resources to promptly respond to any
increase in AD/CVD cases by taking steps to fill vacancies. The
Committee also encourages ITA to continue to self-initiate AD/CVD
proceedings, particularly with regard to unfair trade practices that
result in economic harm to small businesses and producers, espe-
cially those with regional and seasonal impacts, and include up-
dates on these efforts in ITA’s quarterly updates to the Committee.
Global Markets.—The recommendation provides $348,000,000 for
Global Markets, $67,681,000 above the request. The Committee di-
rects ITA to ensure that all U.S. Export Assistance Centers have
onsite, full-time permanent staff members and further directs ITA
to include in its quarterly updates a progress report on these ef-
forts, by location. The Committee further directs ITA to provide a
supplement report, due no later than 180 days after enactment of
this Act, providing a staffing plan for any Export Assistance Center
that did not have a full-time permanent staff person in fiscal year
2020. This report shall include a breakdown of all related costs to
maintain these locations and a timeframe for staffing these loca-
tions, with projected out-year costs.
Efforts in the Territories.—The Committee is concerned by the
relatively low levels of exports by small businesses, foreign direct
investment from firms other than foreign subsidiaries of U.S. com-
panies, and tourism as percentage of GDP in the territorial posses-
sions of the United States. Multiple territories, but in particular
Puerto Rico, have suffered from significant natural disasters and
economic stagnation over the past several years, and the Com-
mittee believes ITA should play a more active role in helping to ad-
dress these issues, as recommended in the 2016 Bipartisan Con-
gressional Task Force on Economic Growth in Puerto Rico report
to the House and Senate. Therefore, the Committee directs ITA to
take all reasonable steps to educate stakeholders in Puerto Rico
and other territorial possessions of the United States, including by
holding educational and/or technical assistance events, and to pro-
vide direct technical assistance to territorial governments if re-
quested. ITA shall report back to the Committee not later than 60
days after the enactment of this Act on its plans in this area.
BUREAU OF INDUSTRY AND SECURITY
OPERATIONS AND ADMINISTRATION
The Committee recommends $137,664,000 for the Bureau of In-
dustry and Security (BIS), as requested, and $10,012,000 above fis-
cal year 2020. The recommendation does not support the transfer
of the Regulatory Policy Division to the Office of the Under Sec-
retary.
The Committee has heard concerns about how exclusions under
section 232 of the Trade Expansion Act of 1962 have been imple-
rfrederick on DSKBCBPHB2PROD with HEARING
mented and awaits the report directed in House Report 116–101.
Further, the Committee directs the Department to continue its
quarterly reporting on the Section 232 exclusion process as de-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
14
scribed in the Explanatory Statement accompanying Public Law
116–6.
Tariff Exclusions for Aluminum Products.—The Committee rec-
ognizes the importance of the U.S. aluminum industry to our na-
tion’s safety, security, and prosperity. However, the Committee is
concerned by industry reports suggesting that the Department has
granted tariff exclusions for volumes of aluminum products that in
some cases have exceeded historical import volumes and U.S. mar-
ket demand. The Committee encourages the Commerce Depart-
ment to improve its efforts to ensure that exclusion volumes are
not unnecessarily disproportionate to historic import volumes and
continue its efforts to leverage and advance domestic aluminum
production through robust collaboration, research, and initiatives.
3D-printed Firearms and Firearm Parts.—The Committee is
aware that on March 9, 2020, a number of items on Categories I,
II, and III of the International Traffic in Arms Regulations (ITAR)
U.S. Munitions List (USML) were transferred to the Commerce
Control List (CCL). The Committee notes that the exports of tech-
nology or software that can be used to manufacture 3D-printed fire-
arms and firearm parts have not transferred while the matter is
under pending litigation. Further, the Committee is aware that no-
tifications to Congress that were once in place for items previously
on the USML are no longer in effect as the Commerce Department
does not currently have to notify Congress of firearms sales in ex-
cess of $1,000,000 as the State Department was required to do. The
Committee urges the Department of Commerce to continue these
notifications to Congress to ensure congressional oversight.
ECONOMIC DEVELOPMENT ADMINISTRATION
The Committee rejects the proposal to terminate the Economic
Development Administration (EDA) and instead recommends
$356,000,000 for the programs and administrative expenses of the
EDA. In addition, the Coronavirus Aid, Relief, and Economic Secu-
rity Act (CARES Act) (Public Law 116–136) included
$1,500,000,000 for the EDA to prevent, prepare for, and respond to
coronavirus, including to economic injury, domestically or inter-
nationally.
Allocation of CARES Act Funds.—The Committee strongly dis-
agrees with EDA’s geographic distribution of the $1,500,000,000
provided in the CARES Act (Public Law 116–136), which directed
EDA ‘‘to prevent, prepare for, and respond to coronavirus, domesti-
cally or internationally, including for necessary expenses for re-
sponding to economic injury as a result of coronavirus.’’ The Com-
mittee understands that in determining the geographic allocations,
EDA did not consider any data that would indicate the relative lev-
els of economic injury by region, despite the availability of leading
economic indicators such as payroll records and unemployment
claims. While the Committee appreciates the difficulty of assessing
the economic injury of the ongoing economic calamity, that dif-
ficulty did not absolve EDA of their legal requirement to do so.
Not later than 30 days after the enactment of this Act, EDA
shall provide a report to the Committee that includes: (1) the meth-
rfrederick on DSKBCBPHB2PROD with HEARING
odology used in determining the geographic allocations of CARES
Act funds, including the weighting of each variable in the allocation
formula; (2) estimates of the relative economic injury incurred by
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
15
each region due to the coronavirus, one using the most recent eco-
nomic data, and another using data which was available as of April
10, 2020; and (3) an analysis of the discrepancy between the fund-
ing made available to each region and the relative economic injury.
Further, details regarding the geographic allocations of funds as
detailed in (1) above shall be provided in all future spend plans
submitted to the Committee for all EDA funds.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee provides $314,000,000 for the Economic Develop-
ment Assistance Programs account for grants to economically dis-
tressed areas. The Committee notes with deep concern the increas-
ing levels of inequality in the Nation which has been magnified by
the COVID–19 pandemic. The Committee expects EDA will play a
critical role in ensuring that no communities are left behind in the
economic recovery that is to come and is committed to supporting
EDA in this endeavor.
Funds are to be distributed as follows; any deviation of funds
shall be subject to the procedures set forth in section 505 of this
Act:
Public Works .......................................................................................... $122,000,000
Partnership Planning ............................................................................ 33,000,000
Technical Assistance .............................................................................. 9,500,000
Research and Evaluation ...................................................................... 1,500,000
Trade Adjustment Assistance ............................................................... 13,500,000
Economic Adjustment Assistance ......................................................... 40,000,000
Assistance to Coal Communities .......................................................... 37,000,000
Regional Innovation Program ............................................................... 35,000,000
Assistance to Nuclear Closure Communities ...................................... 18,000,000
STEM Apprenticeship Pilot Program ................................................... 4,500,000
Total ................................................................................................. 314,000,000
Assistance to Coal Communities.—The Committee continues to
support Assistance to Coal Communities, which builds on the Com-
mittee’s prior efforts to assist communities throughout the country
that are suffering significant coal mining job losses. The rec-
ommendation includes $37,000,000 for Assistance to Coal Commu-
nities, which represents an increase of $7,000,000 from the amount
provided in fiscal year 2020. The Committee appreciates that EDA
has engaged and is collaborating with local leaders and stake-
holders, along with other Federal agencies, to develop comprehen-
sive strategies to promote economic growth in coal mining commu-
nities. The Committee expects this effort to continue. The Com-
mittee directs EDA to continue assisting communities that have yet
to develop an economic development strategy to begin the planning
process, and to continue to assist communities with such strategies
to implement them, including by funding authorized economic de-
velopment projects. EDA shall also continue reporting to the Com-
mittee on its efforts to assist coal communities, and the report shall
include a detailed description regarding how EDA and other Fed-
eral agencies have assisted coal mining communities to date and
how the Federal government plans to assist them in the future.
National Advisory Council on Innovation and Entrepreneur-
rfrederick on DSKBCBPHB2PROD with HEARING
ship.—The Committee notes with concern the lapse of the activities
of the National Advisory Council on Innovation and Entrepreneur-
ship. EDA is directed to reconstitute this body within 180 days of
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
16
the enactment of this Act to inform its work in strengthening the
American economy.
Public Works.—The Committee provides $122,000,000 for Public
Works and encourages EDA to prioritize projects that are resilient
to the changing climate as well as those that incorporate green in-
frastructure solutions.
Regional Innovation Program.—The Committee encourages EDA
to support the development of regional innovation clusters that
focus on advanced wood products, which are a growing source of
jobs in rural America and contribute to rural economic develop-
ment. An initiative that successfully increased demand for wood
products would also address several key land management prior-
ities, including reducing forest treatment costs and wildfire risks.
The Committee urges EDA to invest in university based, high tech
business incubators to diversify distressed manufacturing and leg-
acy urban and rural communities by encouraging entrepreneurship
and promoting technology commercialization through business
startups. Furthermore, this activity should support private-public
partnerships for economic growth and job creation in areas of high
unemployment.
Nuclear Power Plant Closures.—The Committee notes that clo-
sures of nuclear power plants throughout the United States have
had a significant impact on the economic foundations of sur-
rounding communities through sudden job losses and a dramatic
reduction to the local tax base. Additional plant closures are ex-
pected throughout the country in the coming years. The Committee
appreciates the work EDA has undertaken to assist such commu-
nities in prior years and provides $18,000,000 for competitive eco-
nomic adjustment assistance to expand these efforts, which shall
include, but not be limited to, public works investments and eco-
nomic diversification initiatives in communities impacted by recent
or scheduled nuclear power plant closures. The Committee directs
the Department to report to the Committee no later than 90 days
after enactment of this Act on the status of these efforts.
STEM Apprenticeship Pilot Program.—The Committee notes that
over the past decade, the growth in jobs requiring sophisticated
science, technology, engineering, and math (STEM) skills was three
times faster than growth in non-STEM jobs. Yet, U.S. employers
have struggled to fill jobs in these fields. Because more than 50
percent of jobs that require STEM skills do not require a bachelor’s
degree, nontraditional higher education, such as apprenticeships,
will be instrumental in meeting the urgent demand for a STEM-
literate workforce. Therefore, the Committee provides $4,500,000 to
continue the STEM Apprenticeship Pilot Program, established in
fiscal year 2020, to provide grants to create and expand STEM ap-
prenticeship and other workforce training models, as directed in
section 312 of the American Innovation and Competitiveness Act
(Public Law 114–329).
Persistent Poverty.—The Committee is concerned that pockets of
high poverty in urban areas are often overlooked by the Federal
Government because, in the aggregate, their need is often masked
by their affluent neighbors. In light of the impacts of COVID–19,
rfrederick on DSKBCBPHB2PROD with HEARING
the need in these areas is greater than ever. Therefore, when scor-
ing competitive grant applications, EDA is directed to add addi-
tional priority, where practicable, to applications from grantees
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
17
who can demonstrate that the individuals who will benefit from
such grants reside in high-poverty areas or persistent-poverty coun-
ties, as defined in fiscal year 2020. In addition, EDA shall provide
guidance to such prospective grantees, especially prior to their ap-
plication submissions, including to help determine whether they
qualify for additional priority. The Department is directed to report
to the Committee, not later than 90 days after the date of enact-
ment of this Act, on EDA’s efforts aimed at high-poverty areas and
persistent poverty counties, including efforts to prioritize assistance
to such areas.
Economic Assistance for Communities.—Economic and commu-
nity development funding provided by other agencies can have even
more impact if they are utilized in conjunction with other Federal
funding sources, such as EDA. The Committee therefore encour-
ages EDA to treat as acceptable funds any funding provided by
other Federal programs which are explicitly authorized to be used
for any required non-Federal share of the cost of a project so that
funding from both agencies may be used if necessary and to the ex-
tent permitted by law.
SALARIES AND EXPENSES
The recommendation includes $42,000,000 for EDA salaries and
expenses.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
The recommendation includes $52,000,000 for the Minority Busi-
ness Development Agency (MBDA), an increase of $10,000,000 over
fiscal year 2020. In addition, the Coronavirus Aid, Relief, and Eco-
nomic Security Act (CARES Act) (Public Law 116–136) included
$10,000,000 for the minority business centers of the MBDA to pro-
vide technical assistance to small business concerns. MBDA is the
only Federal agency dedicated to promoting the growth of minority-
owned firms and assists small, medium, and large minority enter-
prises to expand business opportunities and create jobs. MBDA is
directed to allocate no less than $36,000,000 of its total appropria-
tion toward cooperative agreements, external awards, and grants,
including not less than $22,000,000 to continue MBDA’s Business
Center program and Specialty Project Center program.
Native American Business Development.—The Committee pro-
vides not less than $3,000,000 for MBDA to award grants to tribes
and American Indian, Alaska Native, and Native Hawaiian popu-
lations to address barriers to economic development. MBDA shall
continue full implementation of Public Laws 106–447 and 106–464
and to fulfill the mission of the Office of Native American Business
Development.
HBCU/HSI Entrepreneurship Pilot.—The Committee recognizes
that while growth rates in entrepreneurship for many groups is in-
creasing, compared to rates of participation in the labor market,
there are systemic challenges for numerous minority groups. The
Committee encourages MBDA to establish a pilot project to support
rfrederick on DSKBCBPHB2PROD with HEARING
entrepreneurship for undergraduate students at Historically Black
Colleges and Universities (HBCUs) and Hispanic Serving Institu-
tions (HSIs), which shall support the development of curricula,
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
18
pilot courses, seminars, and development of replicable products and
tools. Program elements should align with the Inclusive Innovation
Initiative and national efforts related to economic development gen-
erally. The Department is encouraged to include recommendations
in its next year budget submission on efforts to support the dem-
onstration for a three-year period.
White House Initiative on Asian Americans and Pacific Island-
ers.—The Committee notes with concern the Administration’s deci-
sion to shift the White House Initiative on Asian Americans and
Pacific Islanders (WHIAAPI) from the Department of Education to
MBDA despite the lack of Congressional notification. This obfusca-
tion was compounded by the omission of any discussion of the sub-
sequent proposed elimination of WHIAAPI in the fiscal year 2021
Department of Commerce budget proposal. The Committee rejects
this elimination and instead provides no less than the amount pro-
vided in fiscal year 2020. The Department shall, within 30 days of
the enactment of this Act, provide the Committee with a report on
the decision to move WHIAAPI to MBDA, which shall include an
explanation of the change in its goals and scope that make MBDA
a more appropriate fit. The Department is further directed to in-
clude the Initiative as part of its budget proposal submission for
fiscal year 2022, with details regarding its scope of work, metrics
and deliverables, and financial requirements.
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
The Committee recommends the requested amount of
$111,855,000 for the Economics and Statistics Administration,
$3,865,000 above fiscal year 2020. The Committee looks forward to
receiving the report on the long-term funding strategy for the Fed-
eral Data Service as directed in House Report 116–101.
Within the amounts provided, $1,500,000 is for the Outdoor
Recreation Satellite Account (ORSA). The Committee directs the
Bureau of Economic Analysis (BEA) in consultation with the De-
partment of Labor to conduct a workforce needs study building
upon the information provided by ORSA. The study should focus on
identifying current and projected workforce demographics, geo-
graphic distribution of jobs, compensation trends, unfilled job types
and quantities, and recommended training needs by sub-sector.
BEA is encouraged to coordinate with the agencies of the Federal
Recreation Council, outdoor recreation industry, nongovernmental
organizations, and institutions of higher education to recommend
strategies to both research and develop national-level training
standards and solutions to support this fast-changing and growing
industry, and assess ways further investment in this area could
help with rural and suburban economic development.
BUREAU OF THE CENSUS
The Committee recommends a total of $1,681,112,000 for the Bu-
reau of the Census, which is $9,135,000 above the request. The
amount reflects the eventual ramp down of the 2020 Decennial
rfrederick on DSKBCBPHB2PROD with HEARING
Census operations, which has experienced unprecedented delays
due to the novel coronavirus pandemic and will continue portions
of its operations into the first quarter of fiscal year 2021.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
19
Puerto Rico and U.S. territories.—The Committee looks forward
to receiving the report required in the Explanatory Statement ac-
companying the fiscal year 2020 Consolidated Appropriations Act,
which will outline the process for including Puerto Rico in the total
resident and total population totals of the United States. The Com-
mittee expects the Census Bureau to outline any further steps nec-
essary to implement this plan, including any necessary legislative
changes.
Lesbian, Gay, Bisexual, and Transgender Population Data Collec-
tion.—The Committee looks forward to the feasibility study for ex-
panding data collection of the lesbian, gay, bisexual, and
transgender (LGBT) population in its future Federal population
surveys as directed in House Report 116–101. The Committee be-
lieves data on the LGBT population will be useful to policymakers
and researchers alike. Additionally, the Committee has heard con-
cerns about the lack of reliable data on gender non-binary popu-
lation and directs the Census Bureau to undertake a feasibility
study for expanding data collection to this population in its future
Federal population surveys. A report on the results of this study
shall be delivered to the Committee no later than 180 days after
enactment of this Act.
Language Assistance.—The Committee recognizes the expansion
of language support for the 2020 Decennial Census through the
2020 Census Language Services Operation to reach 98 percent of
limited-English speaking households and the Census Bureau’s ef-
forts currently underway to translate American Community Survey
(ACS) into other non-English languages such as Korean, Spanish,
Arabic, Chinese, French, Portuguese, Polish, Russian, Haitian-Cre-
ole, and Vietnamese. However, the Committee remains concerned
about the lack of data on small population groups and the avail-
ability of language assistance for respondents to other surveys and
encourages the Census Bureau to continue assessing ways to in-
crease language assistance on its surveys to those who speak Asian
languages, Pacific Islander languages, American Indian and Alaska
Native languages, African languages and Spanish. Further, the
Committee directs the Census Bureau to provide updates on a
semi-annual basis on language assistance programs for the Amer-
ican Community Survey (ACS), including information on how it is
reaching and assisting respondents who speak the aforementioned
languages.
Cybersecurity Threats.—The Committee remains concerned that
as the Census Bureau looks to modernize data collection methods,
the Census Bureau could potentially be exploited by nefarious ac-
tors who seek to undermine the integrity of census data, which is
vital to democratic institutions, and gain access to sensitive infor-
mation otherwise protected by law. These threats include both
hacking into the Census Bureau IT infrastructure and efforts to
use supercomputing to unmask the privacy of census respondents.
The Committee directs the Census Bureau to prioritize cyber pro-
tections and high standards of data differential privacy, while also
rfrederick on DSKBCBPHB2PROD with HEARING
maintaining the accuracy of the data, and expects the Census Bu-
reau to update the Committee regularly on these efforts.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
20
CURRENT SURVEYS AND PROGRAMS
The Committee recommends $288,403,000 for Current Surveys
and Programs, which is $14,403,000 above fiscal year 2020 and
$9,135,000 above the request.
The recommendation restores funding to continue the level of ef-
fort for the Survey of Income and Program Participation (SIPP) at
the fiscal year 2018 level to ensure statistically reliable estimates,
and fully supports the Census Bureau’s efforts to evaluate and im-
prove the supplemental poverty measure.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the requested level of
$1,392,709,000 for Periodic Censuses and Programs. The rec-
ommendation provides for a transfer of $3,556,000 to the Depart-
ment of Commerce Office of Inspector General (OIG) for oversight
and auditing of the Census Bureau.
2020 Decennial Census.—Given the unprecedented delays to the
2020 Decennial Census due to the coronavirus, the Census Bureau
required the majority of its approximately $2,000,000,000 in carry-
over funds to support the delay in field operations in fiscal year
2020, and therefore the recommendation does not include the Ad-
ministration’s proposal to transfer $208,000,000 in 2020 Decennial
funds to the Census Bureau Working Capital Fund to support fis-
cal year 2021 requirements, including the reconfiguration of exist-
ing facilities to accommodate the relocation of 1,800 Bureau of
Labor Statistics (BLS) personnel. The Census Bureau, in coordina-
tion with the General Services Administration, BLS and OMB, is
directed to brief the Committee on the status of this relocation ef-
fort including timeline and costs borne by all agencies no later than
15 days after enactment of this Act. While the Committee under-
stands reconfiguration to the existing facilities and IT infrastruc-
ture will be required to accommodate the additional employees, the
Committee directs the Census Bureau to find innovative ways to
ensure current occupants are not negatively impacted by this move
and encourages the Census Bureau to solicit occupant feedback and
consider enhancing telework or alternative work schedules.
2030 Decennial Census.—As the 2020 Decennial Census con-
cludes, preparations for the 2030 Decennial Census operation are
beginning. The Committee recognizes the unprecedented delays to
the 2020 Decennial Census due to the coronavirus were outside of
the Census Bureau’s control, but the Committee also understands
the importance of examining lessons learned as a vital part of pro-
gram management and directs the Census Bureau to conduct such
reviews and inform the Committee on its findings. Additionally, as
the Census Bureau examines the questions that will be considered
for the 2030 Decennial Census, the Committee directs the Census
Bureau to conduct a feasibility study on including a race category
for individuals who identify as Middle East or North African, also
known as MENA, which was not ultimately included in the 2020
Decennial Census questionnaire. The Committee also expects that
rfrederick on DSKBCBPHB2PROD with HEARING
questions on sexual orientation and gender identity will also be ex-
amined for possible inclusion in the 2030 Decennial Census ques-
tionnaire.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
21
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
The Committee recommends $45,500,000 for the National Tele-
communications and Information Administration (NTIA), which is
$5,0590,000 above fiscal year 2020. The recommendation is distrib-
uted as shown in the table below:
Domestic and International Policy ....................................................... $9,224,000
Spectrum Management ......................................................................... 9,752,000
Advanced Communications Research ................................................... 10,000,000
Broadband Programs ............................................................................. 16,216,000
Public Safety Communications ............................................................. 308,000
Total ................................................................................................. 45,500,000
The recommendation adopts the Administration’s proposal to es-
tablish a new program activity, ‘‘Public Safety Communications’’,
intended to ensure those who serve in our State and local public
safety sectors are provided with the tools and expertise needed to
remain on pace with advances in technology through the NTIA’s
Next Generation 911 (NG911) program. The Committee provides no
less than $2,024,000 for the overdue modernization of the most
critical components of NTIA’s spectrum management system. The
recommendation also includes no less than $1,285,000 above the
fiscal year 2020 level for Advanced Communications Research to
upgrade equipment and hire additional staff to support NTIA’s
work on 5G telecommunications systems.
Telecommunications Role in Hate Crimes.—The Committee looks
forward to receiving the report regarding the role of telecommuni-
cations in hate crimes as directed in House Report 116–101. The
Committee reiterates its concern about this issue and reminds
NTIA to include the myriad new forms of telecommunications in its
analysis. NTIA shall provide a briefing to the Committee on its
progress within 90 days of the enactment of this Act.
Rural Broadband Coordination.—The Committee continues prior
year direction to NTIA to coordinate with the Rural Utilities Serv-
ice, the Federal Communications Commission, and other related
Federal agencies to coordinate with one another, as well as the
rural communications industry, to identify and pursue ways to con-
tinue sustainable broadband deployment and adoption, and to en-
sure that policies tied to one Federal program do not undermine
the objectives and functionality of another. Further, the Committee
continues to encourage NTIA to place equal priority on the deploy-
ment of the Nationwide Public Safety Broadband Network
(NPSBN) in rural communities as it does in urban areas.
Spectrum Management for Science.—The Committee recognizes
that ensuring access to key portions of spectrum for radio astron-
omy observations, environmental observations, and other scientific
purposes is essential for scientific discovery. The Committee en-
courages NTIA, in coordination with FCC and other appropriate
stakeholders, to preserve spectrum access for scientific purposes as
commercial use of radio spectrum increases. The Committee looks
forward to the report highlighting NTIA’s ongoing efforts on this
rfrederick on DSKBCBPHB2PROD with HEARING
front.
Policy and Technical Training.—The Committee encourages
NTIA to work with the FCC and the Department of State to pro-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
22
vide support for activities provided under section 7 of Public Law
98–549. As part of these activities, NTIA may provide assistance
and guidance in policy and technical training to impart best prac-
tices to information technology professionals from developing coun-
tries.
National 5G Strategy.—The Committee supports the develop-
ment of secure 5G networks that are developed using technology
and equipment that is verified to be secure from foreign surveil-
lance or influence. The Committee believes it is in the best interest
of the national and economic security of the United States to imple-
ment a strong national 5G strategy as outlined in Public Law 116–
129.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $3,695,295,000 for the United
States Patent and Trademark Office (PTO), the full amount of fis-
cal year 2021 fee collections estimated by the Congressional Budget
Office. PTO shall continue to provide monthly reports to the Com-
mittee on PTO’s actual and projected fee collections, application
volumes, performance, and staffing.
Patent End-2-End (PE2E).—PTO shall continue to provide quar-
terly reports to the Committee on the status of PE2E, including the
proposed retirement of legacy systems, cost savings associated with
those retirements, and any efficiencies achieved in patent proc-
essing because of these investments.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
The Committee recommends $1,044,000,000 for National Insti-
tutes of Standards and Technology (NIST). In addition, the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
(Public Law 116–136) included $66,000,000 for NIST to prevent,
prepare for, and respond to coronavirus, including $6,000,000 to
support continuity of operations and measurement science to sup-
port viral testing and biomanufacturing; $50,000,000 for Hollings
Manufacturing Extension Partnership to assist manufacturers; and
$10,000,000 for the National Network for Manufacturing Innova-
tion (also known as ‘‘Manufacturing USA’’) to support development
and manufacturing of medical countermeasures and biomedical
equipment and supplies.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $789,000,000 for NIST’s Scientific
and Technical Research and Services (STRS) programs, which is
$35,000,000 above fiscal year 2020 and $136,973,000 above the re-
quest. The recommendation rejects the proposed reductions to Ad-
vanced Manufacturing and Material Measurements; Fundamental
rfrederick on DSKBCBPHB2PROD with HEARING
Measurement, Quantum Science, and Measurement Dissemination;
Advanced Communications, Networks, and Scientific Data Sys-
tems; Health and Biological Systems Measurements; Physical In-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
23
frastructure and Resilience; NIST User Facilities; Office of Special
Programs; Standards Coordination Office; and the NIST Center of
Excellence Program and instead provides no less than the fiscal
year 2020 level for these programs.
Quantum Information Science.—The Committee provides no less
than $8,000,000 above the fiscal year 2020 level for Quantum In-
formation Science, as authorized in the National Quantum Initia-
tive Act to support and expand basic and applied quantum infor-
mation science and technology research and development (R&D) of
measurement science and standards. Further, the Committee en-
courages NIST to expand its collaboration with other entities, in-
cluding industry, universities, and Federal laboratories, to help ad-
vance the field of quantum information science and engineering.
Artificial Intelligence.—The recommendation includes no less
than $10,000,000 above the fiscal year 2020 level to continue
NIST’s research efforts related to Artificial Intelligence (AI), which
has the potential to produce transformative technologies and sci-
entific breakthroughs that will improve Americans’ lives.
Framework for Managing AI Risks.—The Committee recognizes
the economic, national security, and societal impacts of artificial in-
telligence (AI) and the importance of maintaining U.S. leadership
in AI development and implementation. The Committee believes
that coordination is needed between the Federal government and
stakeholder organizations to ensure that AI initiatives support reli-
able, robust, and trustworthy systems. Within the increase pro-
vided for AI, the Committee directs NIST to establish a multi-
stakeholder process to identify the necessary steps needed to de-
velop a framework for managing risks related to the reliability,
robustness, and trustworthiness of AI systems. Within 180 days of
enactment of this Act, NIST shall establish the process by which
it will engage with stakeholders, and identify the timeline needed
to develop the framework. NIST shall provide the Committee with
biannual updates on the progress of these efforts until the frame-
work is finalized and publicly available.
Data Characterization Standards in AI.—The recommendation
encourages NIST to create a plan for interagency engagement with
the private sector for the development of standards for data charac-
terization for AI—which, for example, can ensure proper sample
data attribution to help when querying different features to build
auto detection models—as part of the work to support reliable, ro-
bust, and trustworthy systems that use AI technologies.
U.S. Leadership in AI.—The Committee commends NIST for the
completion of the plan, ‘‘U.S. Leadership in AI,’’ and encourages
NIST to implement its recommendations, as appropriate. Further,
the Committee directs NIST, on behalf of the Department, and in
consultation with the Office of Personnel Management, the Inter-
agency Committee on Standards Policy, other interagency groups,
and Federal agencies, as NIST considers appropriate, to develop a
clear career development and promotion path that recognizes and
encourages participation in and expertise in AI standards develop-
ment within the Federal workforce. NIST is also directed, in coordi-
nation with appropriate Federal agencies, to understand AI stand-
rfrederick on DSKBCBPHB2PROD with HEARING
ards strategies and initiatives of standards organizations, foreign
governments and entities, to the extent practicable. No less than
180 days after the enactment of this Act, the Department shall
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
24
submit a report to the Committee on the steps it has taken to im-
plement the recommendations of the U.S. Leadership in AI plan.
Greenhouse Gas Program and Urban Dome Initiative.—The Com-
mittee recognizes the significant value in NIST’s Greenhouse Gas
Program and Urban Dome initiative that seeks to leverage existing
high-spatial density regional monitoring networks and external
R&D partnerships. These cost-effective capabilities substantially
expand and broaden NIST laboratory capabilities for investigating
and developing measurement tools that support independent
means for determining the accuracy of emissions inventory data at
urban and regional scales. The Committee has included no less
than $500,000 above the fiscal year 2020 level of funding for the
Greenhouse Gas Program and Urban Dome Initiative to continue
and expand sensor network deployments.
Cybersecurity and Privacy.—The proliferation of data generation,
storage, and usage associated with the digital economy is making
it increasingly important to protect that data with effective cryp-
tography and privacy standards. The Committee is concerned that
individual, corporate, and public-sector data privacy is continuously
at risk from attacks by individual actors, criminal organization,
and nation-states. The Committee urges NIST to address the rap-
idly emerging threats in this field by furthering the development
of new and needed cryptographic standards and technologies.
National Initiative for Cybersecurity Education.—The Committee
notes with concern the shortage of cybersecurity professionals
across the government and private sector, from entry level appli-
cants to experienced professionals. The Committee therefore sup-
ports the National Initiative for Cybersecurity Education (NICE)
and directs NIST to provide resources commensurate with the prior
fiscal year for this effort.
Measurement Science Research for Advanced Manufacturing.—
The Committee recognizes the critical importance of NIST’s meas-
urement science research to promote U.S. innovation and industrial
competitiveness, specifically for advanced manufacturing methods
and systems that help the Nation’s manufacturers to invent, inno-
vate, and create. The Committee directs the Institute to prioritize
new STRS funds to achieve fundamental scientific understanding
of manufacturing processes and equipment and to enable new
smart manufacturing systems capabilities for high-priority metals-
based additive manufacturing, manufacturing robotics, and cyber-
security for industrial control systems. The Committee acknowl-
edges that collaborations with the private and public sectors, aca-
demic organizations, and standards development bodies will help to
advance and disseminate measurement science research and sup-
port to U.S. manufacturers. The Committee provides up to
$5,000,000 for competitive external grants for academic institutions
to support research, development, and workforce training to over-
come barriers to high-volume additive manufacturing of metals.
Textile research.—The Committee recognizes the importance of
the U.S. textile industry and encourages NIST to pursue advanced
textile and apparel research, including manufacturing techniques.
rfrederick on DSKBCBPHB2PROD with HEARING
Calibration Laboratory for Oceanographic Sensors.—The Com-
mittee recognizes a critical need for capacity in calibration of ocean
sensors that is inhibiting maximum use of ocean sensing tech-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
25
nologies. The Committee encourages NIST to support these tech-
nologies.
Pyrrhotite in Concrete Aggregate.—The Committee continues to
be concerned that concrete foundations can crack and cause serious
structural damage to the buildings they support. To address this
threat, the recommendation provides no less than $2,000,000 to
partner with academic institutions to study and develop a reliable
and cost-effective standard for testing for the presence of excessive
pyrrhotite in concrete used in residential, commercial, and munic-
ipal structures and a standard for the amount of pyrrhotite that re-
quires mitigation efforts. These research and standards-setting ef-
forts are needed due to the ongoing uncertainty regarding what
level of pyrrhotite can cause concrete foundations to become struc-
turally unsound, and what if anything can be done to slow, delay,
or stop such damage.
Forward Looking Building Standards.—The Committee is con-
cerned about how climate change will impact the built environ-
ment, and that standards previously set with an assumption of a
stable climate system will expose many Federal and non-Federal
investments to significant, but avoidable, risk. Therefore, the Com-
mittee directs NIST, in collaboration with other appropriate Fed-
eral agencies and interested non-Federal parties, to identify a con-
sistent and authoritative set of climate information that empha-
sizes forward-looking climate data and projections that should be
utilized in the standard-setting process. This effort shall serve to
aid both Federal and non-Federal bodies to develop standards,
building codes, and voluntary standards that take into account in-
creasingly extreme weather events and other climate change chal-
lenges.
Regenerative Medicine Standards.—The Committee commends
NIST, the Food and Drug Administration, and the Standards Co-
ordinating Body for continued work to implement the regenerative
medicine standards provisions enacted under the 21st Century
Cures Act (Public Law 114–255). Currently, work is underway to
develop processes and criteria for identifying, prioritizing, and as-
sessing the quality, safety, feasibility, and cost-benefit of such
standards. The Committee provides $5,000,000 for NIST to improve
measurement assurance and standards coordination for regenera-
tive therapies, including: establishing a regenerative medicine
assay validation and innovation core to provide laboratory support
for evaluation of standardized assays, and conducting inter-labora-
tory studies to improve measurement assurance and develop appro-
priate reference materials.
Forensic Sciences.—The Committee provides $22,500,000 for fo-
rensic science research, $3,700,000 above the fiscal year 2020 level.
Within these funds, the Committee provides no less than
$3,150,000 to support the Organization of 22 Scientific Area Com-
mittees, and no less than $1,200,000 to support technical merit
evaluations previously funded by transfer from the Department of
Justice.
5G Telecommunications.—The Committee notes the importance
of the development of 5G telecommunications technologies as a
rfrederick on DSKBCBPHB2PROD with HEARING
matter of job creation, economic development, and national secu-
rity, and supports the goal to ensure American leadership in this
field. In support of these efforts, the recommendation includes
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
26
$1,400,000 above the fiscal year 2020 level. Further, the Committee
recognizes the importance of efficient spectrum allocation and use
in the development of new broadband intensive technologies such
as 5G networks. The Committee urges the National Institute of
Standards and Technology in consultation with National Tele-
communications and Information Administration to prioritize re-
search and development funding to increase spectrum efficiency to
ensure effective and speedy national rollout of 5G U.S. tele-
communication networks.
Direct Air Capture and Carbon Dioxide Removal.—The Com-
mittee includes $3,500,000 for direct air capture and carbon dioxide
removal research, specifically to increase work on developing stand-
ard reference materials and test procedures for direct air capture
as well as to increase support for carbonate materials development,
testing, and certification for construction markets.
Disaster Resilience Research Grants.—The Committee rejects the
proposed elimination of Disaster Resilience Research Grants and
instead provides no less than the fiscal year 2020 level.
Malcolm Baldrige Performance Excellence Program.—The Com-
mittee recognizes the value of the Baldrige Program and the im-
pact that it has on the performance of organizations that adopt its
best practices. Therefore, the Committee provides $2,500,000, an
increase of $300,000 above fiscal year 2020, for the Malcolm
Baldrige Performance Excellence Program to expand its e-learning
capability.
Cybersecurity Conformity Assessment Programs.—The Committee
instructs NIST, in collaboration with other relevant organizations,
to report to the Committee no later than 270 days after the enact-
ment of this Act on challenges and approaches to establishing and
managing voluntary cybersecurity conformity assessment programs
for information and communication technologies including federal
cloud technologies.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $170,000,000 for Industrial Tech-
nology Services, which is $8,000,000 above fiscal year 2020 and
$144,748,000 above the request. The Committee rejects the Admin-
istration’s proposed elimination of the Manufacturing Extension
Partnership (MEP) program and instead provides $153,000,000 for
MEP, $7,000,000 above the fiscal year 2020 level. The increase
from the prior year shall be distributed equitably among the 51
MEP Centers based on the respective number of regional partners.
The recommendation also includes $17,000,000 for the National
Network for Manufacturing Innovation, also known as ‘‘Manufac-
turing USA.’’
Cybersecurity Training.—Within the increase to MEP, the Com-
mittee directs NIST to maintain the core services of the MEP and
encourages NIST to utilize existing expertise within its Information
Technology Laboratory to increase cybersecurity technical training
to small manufacturers to strengthen their cybersecurity capabili-
rfrederick on DSKBCBPHB2PROD with HEARING
ties given the troubling threats from state and non-state actors and
other emerging threats.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00026 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
27
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $85,000,000 for NIST construction.
NIST shall continue to provide updates on the projects funded
within this account, to include milestones and total amount of
funding necessary for completion.
Safety, Capacity, Maintenance, and Major Repairs (SCMMR).—
Within the amount provided for Construction of Research Facili-
ties, the agreement includes no less than $75,000,000 for NIST to
address its most pressing SCMMR projects.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
The Committee recommends a total of $5,454,068,000 in discre-
tionary funds for the National Oceanic and Atmospheric Adminis-
tration (NOAA), which is $101,890,000 above fiscal year 2020 and
$827,661,000 above the President’s request. In addition, the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
(Public Law 116–136) included $20,000,000 for NOAA to prevent,
prepare for, and respond to coronavirus as well as $300,000,000 for
Assistance to Fishery Participants to offset economic injury precip-
itated by the coronavirus.
The Committee’s program and project recommendations for
NOAA are included in the consolidated funding tables below and
in narrative direction throughout this report. The Committee re-
minds NOAA that any deviations from the amounts included in the
table below are subject to section 505 requirements of this Act.
When executing its budget for fiscal year 2021, NOAA shall incor-
porate the funding levels established in both the table and the nar-
rative direction. NOAA is reminded that comity has existed be-
tween the Congress and the Executive Branch with respect to abid-
ing by language included in this report and in the accompanying
bill. The Committee expects NOAA to respect this long-standing
practice.
Tribal Allocation of CARES Act Funds.—The Committee is
aware of concerns raised by Native American tribes regarding the
lack of formal government-to-government consultation and the
methodology used by NOAA to allocate funds provided in Sec.
12005 of the CARES Act (Public Law 116–136) which relied on an-
nual revenues by sector rather than recorded losses to determine
proportional allocations. The Committee reminds NOAA of its re-
sponsibility to uphold Federal treaty and trust obligations during
all engagements with tribal interests, regardless of any exigent cir-
cumstances.
Sexual Assault and Sexual Harassment.—The Committee re-
mains highly concerned by the threat of sexual assault and sexual
harassment faced by individuals in the workplace, especially those
in nontraditional work settings such as NOAA research vessels or
private fishing vessels. The Committee appreciates the initial steps
NOAA has taken in addressing these threats. To further this work,
the Committee provides no less than $1,700,000 above the fiscal
year 2020 level and directs NOAA to prioritize and expedite the
hiring of staff to reduce these risks and to provide assistance and
rfrederick on DSKBCBPHB2PROD with HEARING
counseling to victims.
Extramural research.—The Committee continues to support
NOAA’s ongoing collaboration with academia and the private sector
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
28
through cooperative institutes and competitive research. These re-
lationships build broad community engagement, leverage external
funding for mission-oriented research, strengthen the science with-
in NOAA, and advance scientific knowledge.
Shellfish genetics.—The recommendation includes up to
$10,000,000 to improve shellfish survival and growth rates and to
classify and preserve the natural genetic variation of shellfish.
NOAA is encouraged to support regional partnerships to classify
and preserve natural genetic variation in shellfish. Further, the
Committee encourages NOAA to examine the feasibility of tracking
its efforts at the species level.
Mississippi River Restoration and Resiliency Strategy.—The Com-
mittee recognizes that the Mississippi River basin from Minnesota
to Louisiana is a vital American waterway. Therefore, the Com-
mittee urges NOAA to participate and coordinate as an essential
Federal stakeholder with the Environmental Protection Agency on
developing a Mississippi River restoration and resiliency strategy
focused on improving water quality, restoring habitat and natural
systems, improving navigation, eliminating aquatic invasive spe-
cies, and building local resilience to natural disasters.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$4,142,330,000 under Operations, Research, and Facilities (ORF)
for the coastal, fisheries, marine, weather, satellite, and other pro-
grams of NOAA. This total funding consists of $3,871,659,000 in di-
rect appropriations, a transfer of $253,171,000 from balances in the
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’ account and $17,500,000 derived from re-
coveries of prior year obligations. The direct appropriation of
$3,871,659,000 is $107,720,000 above fiscal year 2020 and
$706,535,000 above the President’s request.
The following narrative and tables identify the specific activities
and funding levels included in this Act.
National Ocean Service.—The recommendation provides
$625,406,000 for National Ocean Service (NOS) Operations, Re-
search, and Facilities, an increase of $26,450,000 above the fiscal
year 2020 level and $244,370,000 above the President’s request.
Given the increasingly troubled state of the oceans, the Committee
finds the request to reduce NOS funding by 36 percent as com-
pared to fiscal year 2020 to be dramatically inappropriate. The
Committee instead invests in programs within NOS that aim to en-
hance the resiliency of coastal assets and to understand and miti-
gate the changing ecological threats to our oceans and the Great
Lakes to meet the increased need.
NATIONAL OCEAN SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
Program Amount
rfrederick on DSKBCBPHB2PROD with HEARING
Navigation, Observations and Positioning:
Navigation, Observations and Positioning .................................................................................................. $160,456
Hydrographic Survey Priorities/Contracts .................................................................................................... 32,000
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
29
NATIONAL OCEAN SERVICE—Continued
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
Program Amount
Integrated Ocean Observing System Regional Observations ...................................................................... 40,500
Navigation, Observations and Positioning ........................................................................................................... 232,956
Coastal Science and Assessment:
Coastal Science, Assessment, Response and Restoration ......................................................................... 88,500
Competitive External Research ................................................................................................................... 22,000
Coastal Science and Assessment ........................................................................................................................ 110,500
Ocean and Coastal Management Services:
Coastal Zone Management and Services ................................................................................................... 47,700
Coastal Management Grants ...................................................................................................................... 78,000
National Coastal Resilience Fund (Title IX) ................................................................................................ 36,000
Coral Reef Program ..................................................................................................................................... 34,000
National Estuarine Research Reserve System ............................................................................................ 28,250
Sanctuaries and Marine Protected Areas ................................................................................................... 58,000
Ocean and Coastal Management and Services ................................................................................................... 281,950
Total, National Ocean Service, Operations, Research, and Facilities ................................................................. $625,406
Navigation, Observations, and Positioning.—The Committee pro-
vides $160,456,000 for Navigation, Observations, and Positioning,
$1,000,000 above the level provided in fiscal year 2020. The rec-
ommendation rejects the proposed elimination of the competitive
Regional Geospatial Modeling Grants program and the Joint Ocean
and Coastal Mapping Centers. The Committee additionally con-
tinues funding for the Physical Oceanographic Real-Time System
(PORTS), at no less than the fiscal year 2020 level.
Hydrographic Survey Priorities/Contracts.—The Committee re-
jects the proposed reduction to Hydrographic Survey Priorities/Con-
tracts and directs NOAA to maintain its prior year level of effort.
Integrated Ocean Observing System.—The recommendation in-
cludes $40,500,000 for Integrated Ocean Observing System (IOOS)
Regional Observations and rejects the elimination of IOOS grants.
The Committee supports IOOS’s efforts to expand its use of under-
water gliders and encourages NOAA to fill critical gaps in the cur-
rent surface mapping system and to ensure streamlined access to
data for weather forecasting, detection of ecological phenomena,
and safe maritime operations.
The Committee provides $2,000,000, from within the funds allo-
cated for IOOS, to continue and expand the pilot program launched
in fiscal year 2020 for IOOS to enhance the nation’s capacity for
monitoring and detection of Harmful Algal Blooms (HABs) by
leveraging the expertise of the IOOS regional associations—includ-
ing through expanding the deployment of in-situ observing assets—
in order to improve HABs warning and forecast accuracy. IOOS is
directed to coordinate with the National Centers for Coastal Ocean
Science on the implementation of these funds.
Coastal Science, Assessment, Response, and Restoration.—The
rfrederick on DSKBCBPHB2PROD with HEARING
Committee provides $88,500,000 for Coastal Science Assessment,
Response, and Restoration, and rejects the proposed reductions to
Response and Restoration activities. The recommendation includes
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
30
no less than $9,000,000 for the Marine Debris program to address
the pervasive problem of marine pollution in coastal waters around
the country. The Committee encourages NOS to coordinate with
States, territories, and local communities on efforts to remove de-
bris from the marine environment and the Great Lakes, with a
goal of developing a cost-effective programmatic solution to land-
generated marine debris.
Further, the Committee rejects the proposed elimination of the
National Centers for Coastal Ocean Science (NCCOS). The Com-
mittee instead provides NCCOS no less than $2,000,000 above the
fiscal year 2020 level to expand the regular monitoring of coastal
and nearshore areas to increase understanding of the movement
and severity of natural phenomena such as HABs and hypoxia—es-
pecially where insufficient data is currently available to provide
high resolution and high frequency ecological forecasts. As part of
this work, the Committee encourages NOAA to expand partner-
ships with academic institutions, the private sector, State govern-
ments, and other Federal agencies. The Committee also encourages
NOAA to work with stakeholders to improve the transition of ob-
servational data to operational use in order to advance public edu-
cation, understanding, and preparedness for HAB and hypoxia
events. For all HABs-related work, NOAA shall coordinate with the
Interagency Working Group of the Harmful Algal Bloom and Hy-
poxia Research and Control Act.
Sea Level Rise.—The Committee is concerned by the increasing
threat posed to coastal communities and assets of the Nation by
sea level rise and the resultant increase in coastal flood risk. The
recommendation includes no less than an increase of $600,000
above fiscal year 2020, within Coastal Science, Assessment, Re-
sponse, Restoration, to initiate and accelerate efforts to create a
National Coastal Data Information System which includes (1) com-
bining existing observations, modeling, predictions, products and
services into an integrated framework for producing and maintain-
ing authoritative and timely data, maps and information services
which quantify and communicate coastal flood risk to the US
States and territories; (2) developing and strengthening partner-
ships with organizations that represent end users within coastal
communities, including other Federal agencies, to better assess in-
formation gaps and needs; and (3) producing new information prod-
ucts and services, targeted to end-user needs, that allow coastal
communities across the U.S. to plan for coastal flood risk today,
next year, and for decades to come. NOAA shall, not less than 180
days after the enactment of this Act, provide the Committee with
a holistic analysis of the need to expand observations, modeling,
predictions, products and services to (1) improve the understanding
of changing coastal flood risk, including impacts of sea level rise,
(2) maintain and update this information on a regular cadence and
(3) track and report how observed rates of sea level rise compare
to the sea level rise predictions published within the National Cli-
mate Assessments.
Harmful Algal Blooms.—The Committee remains highly con-
cerned about the increasing prevalence of harmful algal blooms
rfrederick on DSKBCBPHB2PROD with HEARING
(HABs) in every U.S. State and territory and the corresponding im-
pacts on human health, drinking water, fisheries, and the broader
economy. The Committee therefore directs NMFS to continue its
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
31
research into HABs at the fiscal year 2020 enacted level. Further,
the Committee provides $22,000,000 for Competitive Research, in-
cluding not less than $14,000,000 for HABs research. This research
should prioritize further development of methods of prevention,
mitigation, and control to reduce the frequency, severity, and im-
pacts of HAB events in freshwater and saltwater systems and pro-
vide special attention to research in areas most economically and
environmentally impacted by HABs. The Committee encourages
NOAA to work to ensure that new technology and mitigation ef-
forts have minimal environmental impacts.
NOAA shall also explore research into the impacts on HAB tim-
ing, duration, and toxicity of nutrient pollution such as nitrogen
and phosphorus as they enter coastal areas from tributaries that
could lead to more accurate forecasts to the benefit of recreational
and commercial fishing, recreation, and coastal drinking water
plants. NOAA shall provide a report to the Committee within 180
days of the enactment of this Act that assesses its existing de-
ployed capabilities and prior scope of work regarding the moni-
toring and management of nutrient runoff and its associated effect
on HABs, including a delineation of how modeling is aided by data
from other Federal partners. In addition, the report shall identify
how NOAA is coordinating with other agencies that are part of the
Harmful Algal Bloom and Hypoxia Research and Control Act Task
Force in monitoring and mitigating the HAB crisis in various water
systems.
Seafloor Mapping.—The Committee encourages NOS to perform
high-priority, cooperative habitat mapping in currently unmapped
and disaster-prone areas, with priority given to areas where oil ex-
ploration is under consideration to better understand long-term im-
plications.
Blue Carbon.—The Committee notes the importance of the coast-
al zone as a potential carbon sink and the increased public interest
in blue carbon. NOAA shall expand their efforts to understand the
relative emissions and absorption of carbon pollution associated
with various human activities in the coastal zone so as to inform
future planning decisions regarding their carbon impacts.
Coastal Zone Management.—The Committee provides
$47,700,000 for Coastal Zone Management and Services. The rec-
ommendation rejects the reduction to Integrated Water Prediction,
and instead provides no less than the fiscal year 2020 level. Within
these funds, the recommendation also includes $2,000,000 for Re-
gional Ocean Data Portals.
Ocean Economy of the Territories.—The Committee supports
NOAA’s efforts to calculate and characterize the U.S. ocean and
Great Lakes economy. However, the Committee is concerned that
these estimates do not capture the ocean economies of the five U.S.
territories. The Committee therefore provides an additional
$700,000 within Coastal Zone Management and Services and di-
rects NOAA to take all reasonable steps to expand the scope of the
Economics: National Ocean Watch (ENOW) dataset so that it in-
cludes the island territories, and to submit a report detailing these
efforts within 180 days of the enactment of this Act.
rfrederick on DSKBCBPHB2PROD with HEARING
Coastal Zone Management Grants and the National Coastal Re-
silience Fund.—The Committee does not approve the Administra-
tion’s proposed elimination of the Coastal Zone Management (CZM)
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
32
Grants and the National Coastal Resilience Fund (NCRF), which
are critical programs for preparing coastal areas for measurably
rising sea levels. The recommendation instead includes $78,000,000
for CZM Grants and $36,000,000 for the NCRF, including for
project planning and design, including watershed scale planning
and technical assistance to identify where and what specific coastal
resilience projects will provide the greatest benefit in preparation
for expected climate impacts, such as sea level rise.
Coral Reefs.—The Committee is greatly concerned by the deterio-
ration of the Nation’s coral reefs, which are suffering from record
levels of bleaching and disease. The recommendation therefore in-
cludes $34,000,000, which is $7,893,000 above the President’s re-
quest for the Coral Reef Program. The Committee also rejects the
proposed reduction for Innovative Coral Reef Restoration Initia-
tives.
Within the increase provided for the Coral Reef Program, NOAA
shall prioritize active restoration of bank barrier coral reef eco-
systems in U.S. waters. NOAA is directed to expand its collabo-
rative work with external academic partners that conduct scientific
research for the conservation of corals and coral reef ecosystems,
including those that are experiencing an increasing prevalence of
disease outbreaks. Examples of this work include identifying the
pathogens causing the disease, conducting appropriate disease
interventions and remediations, researching resilient coral species
and disease-resistant genetic strains of corals, and supporting res-
toration of appropriate and diverse coral species. The Committee
recognizes that science sponsored through such collaboration is im-
perative for management of these coral reefs for ecosystem resil-
ience and for the effective implementation of the National Coral
Reef Action Strategy, especially with regard to the identification of
local action strategies for addressing key threats in each of the ju-
risdictions that have coral reefs within its boundaries.
NOAA shall provide to the Committee, no later than 180 days
after the enactment of this Act, a report on the latest scientific
tools and technologies available to conserve coral germplasm and
genetic material of coral reef species. The report shall address the
feasibility of a national strategy of establishing physical bioreposi-
tories that can preserve genetic material for coral reef propagation
and restoration practices.
National Estuarine Research Reserve System (NERRS).—The
Committee rejects the proposed elimination of the National Estua-
rine Research Reserve System and instead provides $28,250,000 for
this important partnership between NOAA and the coastal States
and territories that protects and studies estuarine systems.
Sanctuaries and Marine Protected Areas.—The Committee pro-
vides $58,000,000 for Sanctuaries and Marine Protected Areas,
which is $3,078,000 above the President’s request. The Committee
urges the Office of National Marine Sanctuaries to initiate the
multi-year marine sanctuary designation process for marine sites
currently under inventory and ensure all stakeholders and the pub-
lic are fully engaged in developing the parameters of a future des-
rfrederick on DSKBCBPHB2PROD with HEARING
ignation. Within 180 days of enactment of this Act, the Committee
directs NOAA to submit a report on the steps taken to initiate the
multi-year marine sanctuary designation process for successfully
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
33
nominated marine sites currently in inventory, and the estimated
timeline for the designation process.
Marine National Monuments.—Within funding provided for Na-
tional Marine Sanctuaries, up to $1,200,000 may be used for com-
petitive research and management grants for existing marine na-
tional monuments administered by NOS, provided such grants are
subject to a 100 percent non-Federal match. The Committee further
directs NOAA to submit a report to the Committee no later than
180 days after the enactment of this Act on the research that is on-
going, has been completed, and is planned for Marine National
Monuments administered by NMFS. NOAA shall engage with rel-
evant science community stakeholders including, but not limited to,
governmental, academic and non-governmental organization sci-
entists, to determine the gaps in the research of these Monuments
and make recommendations for research priorities, to be included
in such report.
Derelict Fishing Gear.—The Committee recognizes that derelict
fishing gear (DFG) harms marine life through ghost fishing and
poses a significant threat, especially to protected and native spe-
cies. NOAA is therefore encouraged to study the impacts of DFG
on marine life and natural habitats in the waters of the United
States, including those surrounding U.S. territories, especially Ma-
rine National Monuments and the National Estuarine Research Re-
serves.
National Marine Fisheries Service.—The Committee recommends
$967,586,000 for National Marine Fisheries Service (NMFS) Oper-
ations, Research, and Facilities, which is $125,911,000 above the
President’s request. NMFS shall continue to provide quarterly up-
dates to the Committee consistent with direction in fiscal year
2020.
NATIONAL MARINE FISHERIES SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
Program Amount
Protected Resources Science and Management:
Marine Mammals, Sea Turtles and Other Species ..................................................................................... $127,905
Species Recovery Grants ............................................................................................................................. 7,000
Atlantic Salmon ........................................................................................................................................... 6,500
Pacific Salmon ............................................................................................................................................ 67,250
Protected Resources Science and Management .................................................................................................. 208,655
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and Services ......................................................................... 150,018
Fisheries Data Collections, Surveys and Assessments ............................................................................... 173,709
Observers and Training ............................................................................................................................... 50,000
Fisheries Management Programs and Services .......................................................................................... 124,500
Aquaculture ................................................................................................................................................. 15,250
Salmon Management Activities ................................................................................................................... 59,643
Regional Councils and Fisheries Commissions .......................................................................................... 46,446
Interjurisdictional Fisheries Grants ............................................................................................................. 3,365
Fisheries Science and Management .................................................................................................................... 622,931
Enforcement .......................................................................................................................................................... 77,000
rfrederick on DSKBCBPHB2PROD with HEARING
Habitat Conservation and Restoration ................................................................................................................. 59,000
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
34
NATIONAL MARINE FISHERIES SERVICE—Continued
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
Program Amount
Total, National Marine Fisheries Service, Operations, Research, and Facilities ................................................. $967,586
Climate-Ready Fisheries.—The Committee directs the Govern-
ment Accountability Office (GAO) to issue a report to Congress not
later than one year after the enactment of this Act examining ef-
forts by NMFS, the Regional Fishery Management Councils
(RFMC), and the Atlantic States Marine Fisheries Commission
(ASMFC) to prepare and adapt Federal or jointly-managed fish-
eries to the impacts of climate change. The report shall examine
whether these entities have taken steps to prepare and respond to
the impacts of climate change and if any guidance issued to the
RFMCs by NMFS on climate impacts has been utilized by fishery
managers. The report shall also make recommendations for ad-
dressing (1) the most significant funding shortfalls; (2) the most
important social, ecological, and other knowledge gaps preventing
action; (3) how these entities can better prepare associated fishing
industries and dependent communities for the impacts of climate
change; and (4) how to enhance the capacity of NMFS to monitor
and incorporate climate-related changes to fishery management.
Consistent Application of Regulations.—The Committee looks for-
ward to receiving the report requested in fiscal year 2020 regarding
the consistent application of regulations across NMFS regions and
directs NMFS to expedite the report’s completion.
Marine Mammals, Sea Turtles, and Other Species.—The rec-
ommendation includes $127,000,000 for Marine Mammals, Sea
Turtles, and Other Species. Within this amount, the Committee
provides no less than the fiscal year 2020 level for Endangered
Species Act and Marine Mammal Protection Act Permitting Capac-
ity and no less than $4,000,000 for the John H. Prescott Marine
Mammal Rescue Assistance grant program.
Sea Turtles.—The Committee provides no less than the fiscal
year 2020 amount for NMFS to continue scientifically advisable op-
erations of, and full funding for, ongoing work on endangered and
threatened sea turtle conservation, including captive sea turtle
rearing and Turtle Excluder Device research and certification to re-
duce sea turtle bycatch. NOAA committed to Congress that it
would continue its sea turtle stranding and rehabilitation programs
until it found suitable non-governmental partners to take over this
program in full. Therefore, NMFS is directed to maintain adequate
capacity of the sea turtle stranding and rehabilitation program
until it can assure Congress that those critical activities have been
fully transferred to partner organizations.
Southern Resident Killer Whales.—The Committee provides not
less than the fiscal year 2020 amount for the Southern Resident
Killer Whales program for research and monitoring to improve the
recovery of the species.
Foreign Fisheries.—The Committee provides $1,000,000 to NMFS
rfrederick on DSKBCBPHB2PROD with HEARING
to ensure sufficient implementation of the Fish and Fish Product
Import Provisions Section 101(a)(2) of the Marine Mammal Protec-
tion Act. NMFS shall use these funds to analyze the data provided
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00034 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
35
by nations and to provide technical assistance to nations to comply
with these provisions. NMFS shall prioritize the use of any funds
for technical assistance to those fisheries interacting with endan-
gered species. NMFS may use contractors to ensure that deadlines
are met, but shall prioritize hiring staff with the increased funds
for this initiative.
North Atlantic Right Whale.—The Committee remains concerned
that North Atlantic right whale populations continue to be criti-
cally low. Therefore, the Committee rejects the President’s proposal
to reduce funds and instead provides not less than $2,000,000
above the amount provided in fiscal year 2020 for research and
monitoring of North Atlantic right whales. These additional funds
shall be dedicated to (1) increasing aerial surveys and fixed and
mobile acoustic monitoring to improve understanding of the species’
full range and the timing of migration within that range; (2) aug-
menting data collection regarding relevant fishing effort, distribu-
tion, and gear use; and (3) expanding the pilot to develop, refine,
and field test innovative fishing gear technologies designed to re-
duce North Atlantic right whale entanglements in partnership with
relevant stakeholders. Further, the Committee encourages NOAA
to develop a habitat suitability index and long-term tagging meth-
ods. The recommendation also includes $300,000 from the amount
provided for Fisheries Data Collections, Surveys, and Assessments
to continue to support a continuous plankton recorder survey con-
sistent with direction provided in fiscal year 2020.
Species Recovery Grants.—The Committee rejects the proposed
reduction for Species Recovery Grants and recommends $1,010,000
above the President’s request.
Hatchery and Genetic Management Plans.—The Committee pro-
vides $67,250,000 for Pacific Salmon, $3,014,000 above the re-
quested level, and rejects the reduction to Hatchery and Genetic
Management Plans (HGMPs). Instead, the recommendation pro-
vides no less than $5,000,000 within Pacific Salmon to implement
NMFS’ comprehensive plan to address the backlog of HGMPs as
specified in House Report 116–101. NMFS shall provide the Com-
mittee with an update, not later than 90 days after the enactment
of this Act, on progress in reducing the backlog.
Fisheries and Ecosystem Science Programs and Services.—The
Committee provides $150,018,000 for Fisheries and Ecosystem
Science Programs and Services and rejects the proposed elimi-
nation of Antarctic Research, Fisheries Science Activities, and
Northeast Groundfish Research and provides funding at no less
than the fiscal year 2020 level for each of these programs.
Fisheries Data Collections, Surveys, and Assessments.—The Com-
mittee provides $173,709,000 for Fisheries Data Collections, Sur-
veys, and Assessments, $9,657,000 above the request. Within these
funds, no less than $24,000,000 is provided for Fisheries Informa-
tion Networks, the State-Federal cooperative programs that coordi-
nate data collection, data management, and informational manage-
ment essential for accurate monitoring of commercial and rec-
reational fishing impacts. The recommendation does not adopt the
proposed reduction for Cooperative Research and continues funding
rfrederick on DSKBCBPHB2PROD with HEARING
for this activity at no less than the fiscal year 2020 level. The Com-
mittee encourages NMFS to support collaborative programs focused
on improving recreational fishery data collection. The recommenda-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00035 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
36
tion also directs NMFS to deliver technical support, as needed, to
the Gulf States to prioritize and ensure successful implementation
of each State plan.
South Atlantic Reef Fish.—NMFS is encouraged to leverage effi-
ciencies learned through the Gulf of Mexico red snapper process to
better the science and management of the South Atlantic red snap-
per and other reef fish. NMFS shall consider employing the inde-
pendent and alternative stock assessment strategies used in the
Gulf of Mexico to supplement NMFS assessments of reef fish in the
South Atlantic. The Committee provides up to $1,800,000 for these
activities and encourages NMFS to incorporate this data into the
agency’s own stock assessments as expeditiously as possible.
Fisheries Management Programs and Services.—The Committee
rejects the harmful proposals to reduce base funds to the Fisheries
Management Programs and Services, the Seafood Import Moni-
toring Program, and provides no less than the fiscal year 2020 level
for these activities. The recommendation does not adopt the pro-
posed reduction to Electronic Monitoring and Reporting and in-
stead provides no less than the fiscal year 2020 level for these ef-
forts to continue nationwide. The Committee reminds NOAA that
catch share programs reduce harmful competition between fishing
vessels, thereby helping to reduce occupational hazards, avoid mar-
ket gluts, maximize profits, and reduce ecological damage. The
Committee therefore rejects the proposed reduction of funding and
provides no less than the fiscal year 2020 level for the National
Catch Share Program.
Additionally, within the funds provided for Fisheries Science and
Management, NOAA shall develop a priority list of other species
that should be considered for inclusion in the Seafood Import Moni-
toring Program in order to: (1) reduce human trafficking in the
international seafood supply chain, (2) reduce economic harm to the
American fishing industry, (3) preserve stocks of at-risk species
around the world, and (4) protect American consumers from sea-
food fraud. NOAA shall provide this list to the Committee within
180 days of enactment of this Act.
To strengthen implementation of the Seafood Import Monitoring
Program, the Committee directs NMFS to increase coordination
with the Commercial Targeting and Analysis Center (CTAC) in the
Department of Homeland Security to develop additional analytical
tools to help identify imports that are of high risk of illegal fishing
and seafood fraud to inform targeted inspections and enforcement.
Video Review of Electronic Monitoring Data.—Within funding
provided for Fisheries Management Programs and Services, the
Committee provides no less than $400,000 for the video review of
the West Coast Groundfish electronic monitoring data and
$400,000 for the video review of the Gulf of Alaska partial coverage
electronic monitoring data.
Pacific Bluefin Tuna.—The Committee continues to be concerned
with the depleted status of Pacific bluefin tuna and therefore urges
NMFS to support the Management Strategy Evaluations (MSE) for
Pacific bluefin tuna and other priority highly migratory species.
rfrederick on DSKBCBPHB2PROD with HEARING
Further, the Committee encourages NMFS to ensure a strong U.S.
negotiating position on Pacific bluefin tuna recovery by providing
additional resources to support engagement of the Pacific Fishery
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00036 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
37
Management Council and U.S. stakeholders to ensure continued
progress on the international recovery plan.
Oyster Restoration and Research.—The Committee encourages
NOAA to competitively select external partners to research alter-
native substrates for oyster restoration. NOAA shall consider sur-
vivability as part of the oyster restoration program in the Chesa-
peake Bay. Within Habitat Conservation and Restoration, the Com-
mittee encourages NOAA to support oyster restoration in the
Chesapeake Bay.
Salmon Management Activities.—The Committee recommends
$1,600,000 above the fiscal year 2020 amount provided for Salmon
Management Activities. The Committee rejects the proposed reduc-
tions to these activities and instead includes no less than
$36,100,000 for Pacific Salmon Treaty activities and $23,000,000
for Mitchell Act Hatcheries that shall be executed consistent with
prior year direction. NMFS shall continue to brief the Committee
biannually on the implementation of the new obligations of the
2018 recertification of the Pacific Salmon Treaty as directed in fis-
cal year 2020.
Regional Councils and Fisheries Commissions.—The rec-
ommendation accepts the proposed technical transfers into Re-
gional Councils and Fisheries Commissions, but rejects the pro-
posed reduction in funding for this program. Further, within the
funds provided for Regional Councils and Fisheries Commissions,
$250,000 is included to implement the Pacific Fishery Management
Council’s Fishery Ecosystem Plan (FEP) Climate and Communities
Initiative and to update the FEP to support climate-ready fisheries
and ecosystem-based fisheries management.
Interjurisdictional Fisheries Grants.—The recommendation re-
jects the proposed elimination of Interjurisdictional Fisheries
Grants and instead provides $3,365,000.
Enforcement.—The Committee provides $77,000,000 for Enforce-
ment, which is $21,070,000 above the request. The Committee
again rejects the proposed elimination of the Cooperative Enforce-
ment Program that includes the execution of Joint Enforcement
Agreements as well as the proposal to reduce enforcement capacity,
and instead provides no less than the fiscal year 2020 level for
these activities.
Illegal Unregulated and Unreported (IUU) Fishing.— IUU fish-
ing is a threat to the health of the oceans, undermines honest busi-
nesses and fishers who play by the rules, and enables human traf-
ficking, forced labor, and other criminal activity. Within the in-
crease to Enforcement, the Committee directs NMFS to allocate a
full-time employee, or its equivalent, to staff the Interagency Work-
ing Group on IUU Fishing, which was established in the FY 2020
National Defense Authorization Act (Public Law 116–92). Dedi-
cated staffing shall ensure that the Interagency Working Group
can fulfill the requirements in the Maritime SAFE Act, including
the preparation of a strategic plan by December 2021. The Com-
mittee directs NOAA to provide a report to the Committee detailing
costs and progress on improvements to IUU enforcement and sea-
food traceability since 2018 within 180 days of the enactment of
rfrederick on DSKBCBPHB2PROD with HEARING
this Act.
Habitat Conservation and Restoration.—The Committee provides
$59,000,000 for Habitat Conservation and Restoration, which is
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
38
$19,952,000 above the request. Further, the recommendation re-
jects the reductions to Sustainable Habitat Management and Fish-
eries Habitat Grants and provides no less than the fiscal year 2020
level for each program. The Committee appreciates the progress
made in reducing the backlog of essential fish habitat consultations
and encourages NMFS to continue to prioritize this effort. The
Committee also directs the Office of Habitat Conservation to con-
tinue to collaborate with NOS’ Coral Reef Conservation program to
restore coral barrier reef ecosystems.
Lionfish.—The Committee encourages NOAA to award competi-
tive grants to address invasive Lionfish in the Atlantic Ocean and
Gulf of Mexico.
Horseshoe Crabs.—Adequate data is required to ensure States
and interstate managers can effectively manage the Horseshoe
Crab population, which is important to the biomedical and commer-
cial fishing industries, as well as to the ecology of the Mid-Atlantic
region. The Committee directs NMFS to continue the Horseshoe
Crab survey to generate the data necessary to ensure that the
Horseshoe Crab stock remains on a sustainable path.
Adapting Fisheries Management to a Changing Climate.—The
Committee notes that preparation efforts offer the potential to yield
greater stability in Federal fishery management as the oceans
change as a result of climate change, with benefits to fish stocks,
fishermen, and fishing communities. Within the funds provided for
Regional Councils and Fisheries Commissions, NOAA is encour-
aged to support climate-ready fishery management efforts under-
way by the Councils, including initiatives to conduct scenario plan-
ning and other preparation or adaptation efforts.
Bycatch Reduction and Incidental Take Permits.—The Committee
is concerned by changing ocean conditions that are disrupting eco-
system stability, leading to increased conflicts between commercial
shellfish fisheries and protected species. To resolve this conflict, the
Committee encourages NMFS to ensure that it dedicates adequate
resources (1) to expeditiously evaluate any application that it re-
ceives for an incidental take permit for shellfish fisheries, (2) to
support the NOAA Bycatch Reduction Engineering Program for re-
search and development of gear innovations to prevent entangle-
ments while allowing for continued fishing in these fisheries, and
(3) to continue robust participation in collaborative efforts to reduce
fishing gear conflicts.
Oceanic and Atmospheric Research.—The Committee rec-
ommends $584,426,000 for Oceanic and Atmospheric Research
(OAR) Operations, Research, and Facilities, which represents an
increase of $36,042,000 over fiscal year 2020 and is $257,681,000
above the request.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
Program Amount
Climate Research:
Laboratories and Cooperative Institutes ..................................................................................................... $78,000
rfrederick on DSKBCBPHB2PROD with HEARING
Regional Climate Data and Information ..................................................................................................... 43,000
Climate Competitive Research .................................................................................................................... 69,000
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00038 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
39
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH—Continued
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
Program Amount
Climate Research ................................................................................................................................................. 190,000
Weather and Air Chemistry Research:
Laboratories and Cooperative Institutes ..................................................................................................... 89,000
U.S. Weather Research Program ................................................................................................................. 28,750
Tornado Severe Storm Research/Phased Array Radar ................................................................................ 14,134
Joint Technology Transfer Initiative ............................................................................................................ 14,000
Weather and Air Chemistry Research .................................................................................................................. 145,884
Ocean, Coastal, and Great Lakes Research:
Laboratories and Cooperative Institutes ..................................................................................................... 37,000
National Sea Grant College Program .......................................................................................................... 71,000
Marine Aquaculture Program ...................................................................................................................... 13,000
Ocean Exploration and Research ................................................................................................................ 42,742
Integrated Ocean Acidification .................................................................................................................... 16,000
Sustained Ocean Observations and Monitoring .......................................................................................... 46,000
National Oceanographic Partnership Program ............................................................................................ 5,000
Ocean, Coastal, and Great Lakes Research ........................................................................................................ 230,742
High Performance Computing Initiatives ............................................................................................................. 17,800
Total, Office of Oceanic and Atmospheric Research, Operations, Research, and Facilities .............................. $584,426
Forward-looking Climate Data.—The National Oceanic and At-
mospheric Administration (NOAA) plays a vital role in providing
accurate climate data and projections to other Federal agencies.
Therefore, the Committee directs NOAA to identify and support the
utilization by the National Institute of Standards and Technology
(NIST) of an authoritative set of climate information that empha-
sizes forward-looking climate data and projections to be utilized by
NIST in their standard-setting process. This effort shall serve to
aid both Federal and non-Federal bodies to develop standards,
building codes, and voluntary standards that take into account in-
creasingly extreme weather events and other climate change chal-
lenges.
Climate Research.—The Committee provides $190,000,000 for
Climate Research and rejects the reductions to Climate Labora-
tories and Cooperative Institutes and the termination of climate re-
search at the Atlantic Oceanographic and Meteorological Labora-
tory and directs NOAA to continue this work at no less than the
level of funding provided in fiscal year in 2020. The recommenda-
tion further rejects the proposal to eliminate funding for the Na-
tional Climate Assessment (NCA) and instead provides no less than
the fiscal year 2020 level to continue this work. The Committee
emphasizes that the NCA is congressionally-mandated and shall
not be impeded.
Coastal Inundation Forecasting and Resilience.—Within funds
provided for Climate Laboratories and Cooperative Institutes, the
Committee directs OAR, in collaboration with NOS and other part-
ners in the U.S. Global Change Research Program as appropriate,
rfrederick on DSKBCBPHB2PROD with HEARING
to develop and initiate a research agenda to improve understanding
of inundation risks to coastal areas as a result of the climate crisis
and to meet the information needs of decision makers as they con-
VerDate Sep 11 2014 09:45 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
40
sider how to appropriately adapt and increase resilience to such
impacts. OAR shall provide to the Committee, within 180 days of
the enactment of this Act, a report outlining a 5-year plan for such
efforts and the associated funding requirements.
Atmospheric Baseline Observatories.—The Committee supports
the work of the Global Monitoring Laboratory and its Atmospheric
Baseline Observatories, which have provided measurements of the
level of carbon dioxide in the atmosphere for over 60 years that are
the basis of the world-renowned Keeling Curve and whose data is
used by more than 500 external partners and stakeholders. The
Committee provides no less than $1,250,000, within Climate Lab-
oratories and Cooperative Institutes, to modernize these observ-
atories’ aging infrastructure to ensure measurement integrity and
safety of the observatory facilities.
Earth’s Radiation Budget.—The Committee provides no less than
$9,000,000 for modeling, assessments, observations, and monitoring
of stratospheric conditions and the Earth’s radiation budget, in-
cluding the impact of the introduction of material into the strato-
sphere from changes in natural systems, increased air and space
traffic, proposals to inject material to affect climate, and the assess-
ment of solar climate interventions. Within these funds, the rec-
ommendation further directs OAR to improve the understanding of
the impact of atmospheric aerosols on radiative forcing, as well as
on the formation of clouds, precipitation, and extreme weather.
Arctic Research.—The Committee rejects the proposed elimi-
nation of Arctic Research and provides no less than the fiscal year
2020 level in both Regional Climate Data and Information and Cli-
mate Laboratories and Cooperative Institutes for this work.
Regional Integrated Sciences and Assessments Program.—The
Committee rejects the termination of the Regional Integrated
Sciences and Assessments Program and instead provides the pro-
gram an increase of $3,000,000, as compared to the fiscal year 2020
level, within Regional Climate Data and Information. The Com-
mittee directs NOAA to expand the geographic coverage of the pro-
gram with a long-term goal of providing comprehensive decision-
support services and tools to local and regional decision makers in
all States and territories.
Climate Competitive Research.—The Committee rejects the elimi-
nation of Climate Competitive Research as well as any transfers or
eliminations of activities, funds, or staff from this budget line pro-
posed in the President’s request. Instead, the recommendation in-
cludes $69,000,000 for this critical research, which is $6,000,000
above fiscal year 2020.
Weather and Air Chemistry Research.—The Committee provides
$145,884,000 for Weather and Air Chemistry Research, which is
$12,250,000 above fiscal year 2020. The recommendation rejects
the proposals to close the Air Resources Lab and to decrease fund-
ing for Weather and Air Chemistry Research Laboratories and Co-
operative Institutes, and instead provides no less than the fiscal
year 2020 level for each of these activities. The recommendation
also includes $10,000,000 for Vortex-Southeast.
Earth Prediction Innovation Center.—The Committee provides
rfrederick on DSKBCBPHB2PROD with HEARING
$28,750,000 for the U.S. Weather Research Program (USWRP),
thereby rejecting the proposal to reduce base funding. The com-
mittee commends NOAA for efforts made to advance weather fore-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
41
casting through the Earth Prediction Innovation Center (EPIC)
program and provides $3,500,000 above fiscal year 2020 for this
program. The Committee further directs the agency to continue ef-
forts to advance and accelerate forecasting improvements that are
accessible to the public and community-based. The committee di-
rects NOAA to include workforce, organizational, and culture
change components as part of the EPIC scope and to include the
adoption of more modern software engineering practices and the
application of new practices in research and operations processes
that infuse innovation.
Tornado Warning Improvement and Extension Program.—The
Committee provides $3,200,000 to create the Tornado Warning Im-
provement and Extension Program as authorized in the Weather
Research and Forecasting Innovation Act of 2017 (Public Law 115–
25).
Sensor Fusion for Snow Water Resource Management.—The Com-
mittee supports NOAA’s activities to improve snow water resource
monitoring to improve operational forecasts at NOAA’s National
Water Center (NWC). The Committee encourages NOAA to pursue
research activities to demonstrate and integrate into the NWC’s
National Water Model accurately calibrated and validated snow
water equivalent estimates at high resolution through extensive
airborne and field experiments throughout the western United
States.
Severe Weather Extramural Testbeds.—The Committee continues
to support efforts at NOAA to leverage the capabilities of extra-
mural partners as they continue to implement the Weather Re-
search and Forecasting Innovation Act. Within the funding for Tor-
nado Severe Storm Research/Phased Array Radar, the Committee
encourages NOAA to establish a severe weather extramural testbed
to focus on severe weather and to improve weather modeling and
prediction, including improved convection models and use of new
techniques for data assimilation and ensemble prediction. Such ef-
forts are an important step in helping improve the path from re-
search to operations for the NWS.
Next Generation Phased Array Weather Radars.—The Committee
affirms NOAA’s investment in the development of advanced radar
systems and technology to satisfy its weather and related require-
ments. Within the amount provided for Tornado Severe Storm Re-
search/Phased Array Radar above the request, NOAA shall expand
the Agency’s work on digital phased array radar systems with the
goal of evolving into broader advanced radar research and applica-
tions in collaboration with current university cooperative institute
partners with expertise in this area. This refined investment
should also work in parallel to provide complementary but not re-
dundant research and development to meet National Weather
Service requirements and to reduce long-term operations and main-
tenance costs of the future national radar network.
Ocean, Coastal, and Great Lakes Research Laboratories and Co-
operative Institutes.—The Committee provides $37,000,000 for
Ocean, Coastal, and Great Lakes Research Laboratories and Coop-
erative Institutes. The Committee does not approve the proposed
rfrederick on DSKBCBPHB2PROD with HEARING
termination of the Genomics program and instead directs NOAA to
expand this work within the increased available base funds, includ-
ing work on HABs with regard to real-time forecasting of HABs
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
42
and their toxicity, and testing of remote observing systems and en-
vironmental sample processors. Further, the Committee expects
NOAA to fully fund these cooperative institutes at appropriate lev-
els in future years, including well-established institutes focused on
watershed impacts on marine and Great Lakes ecosystems, remote
sensing, and long-term monitoring of the impacts of environmental
hazards on marine and Great Lakes ecosystem health.
National Sea Grant College Program.—The Committee once
again rejects the President’s proposal to eliminate the National Sea
Grant College Program. Instead, the Committee provides
$71,000,000, including an increase of $4,000,000 as compared to
the fiscal year 2020 level for the base program that funds univer-
sities in coastal States around the country.
Tribal Coastal Resiliency Planning.—The Committee encourages
NOAA to support mitigation and relocation efforts of coastal tribal
communities that are seeking to mitigate the threat of severe
weather storms and promote public safety.
Marine Aquaculture Program.—The Committee recognizes the
importance of NOAA’s Marine Aquaculture research and develop-
ment activities that help coastal communities maintain a safe and
sustainable local seafood supply through research and technology
transfer to support and expand America’s aquaculture industry. As
such, the Committee provides $13,000,000 for Marine Aquaculture.
Ocean Exploration and Research.—The Committee rejects the re-
quested decrease in funding for Ocean Exploration and Research
and instead provides $42,742,000 and encourages NOAA to map
and characterize the Nation’s Exclusive Economic Zone and Ex-
tended Continental Shelf.
Integrated Ocean Acidification.—The Committee is increasingly
concerned about the impacts of ocean acidification on coastal com-
munities and industries and therefore rejects the proposed reduc-
tion to the Integrated Ocean Acidification program. The rec-
ommendation instead includes $16,000,000 for this important work.
Within the increase, NOAA shall, in partnership with academia
and the private sector, prioritize efforts at understanding, moni-
toring, and mitigating coastal ocean acidification, especially where
it impacts fisheries and aquaculture.
The Committee encourages NOAA, in coordination with the Of-
fice of Science and Technology Policy, to implement a program to
competitively award prizes under the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719) to stimulate innovation to
advance the understanding, research, or monitoring of ocean acidi-
fication or its impacts, or to develop management or adaptation op-
tions for responding to ocean acidification. In prize competitions,
the Committee encourages NOAA to prioritize communities, envi-
ronments, or industries that are currently in distress due to the
impacts of ocean acidification.
Sustained Ocean Observations and Monitoring.—The rec-
ommendation does not adopt the requested reduction in funds for
Sustained Ocean Observations and Monitoring and instead pro-
vides $46,000,000. Within the increase, NOAA shall expand cov-
erage of biogeochemical and Deep Argo floats to improve ecological
rfrederick on DSKBCBPHB2PROD with HEARING
and sub-seasonal-to-seasonal weather forecasting as well as to pro-
vide observational data on the health and state of the ocean, par-
ticularly in the deep sea, the tropics, and the Arctic.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
43
Cloud Computing for Research.—The Committee rejects the pro-
posed reduction to Research and Development Cloud Computing
Services and instead provides no less than $6,000,000 for cloud
computing for research consistent with prior year direction. The
Committee further looks forward to receiving the report requested
in fiscal year 2020 regarding high performance and cloud com-
puting.
National Weather Service.—The Committee recommends
$1,112,073,000 for National Weather Service (NWS) Operations,
Research, and Facilities, which is $46,372,000 above the Presi-
dent’s Budget request. The Committee reaffirms its commitment to
the weather enterprise and the necessity of maintaining the mis-
sion of protecting life and property within the Federal Government.
While the Committee does not oppose the continued growth of the
private weather industry, the increasing frequency and intensity of
natural disasters epitomize the need for the public provision of this
critical information.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
Program Amount
Observations ......................................................................................................................................................... $241,000
Central Processing ............................................................................................................................................... 102,538
Analyze, Forecast, and Support ............................................................................................................................ 538,000
Dissemination ....................................................................................................................................................... 79,112
Science and Technology Integration .................................................................................................................... 151,423
Total, National Weather Service, Operations, Research, and Facilities .............................................................. 1,112,073
NWS Staffing.—The Committee remains concerned about con-
tinuing reports of staffing and management challenges within
NWS. NOAA and the Department of Commerce are directed to en-
sure that NWS fulfills its critical mission to protect the lives and
property of our Nation’s citizens, including by filling all vacancies
as expeditiously as possible. In its fiscal year 2021 spend plan,
NWS shall follow direction as provided in fiscal year 2020. The
Committee further directs NWS to continue the quarterly briefings
to the Committee first required in fiscal year 2018, and NWS shall
also include information about weather forecast accuracy and ef-
forts to improve such accuracy. Further, future NWS spend plans
provided to the Committee shall include a detailed comparison, in
tables and narrative descriptions, showing the prior fiscal year’s
spend plan, compared with that year’s actual expenditures, with
justifications for all deviations.
Observations.—The recommendation provides $241,000,000 for
observation activities, including not less than $1,000,000 for Data
Sharing for Integrated Global Observing System and Global Basic
Observing Network. The recommendation does not adopt the pro-
posed reductions to Marine Observations, Upper Air Observations,
the Ship Observation Data Buy, NEXRAD Radome and Tower
Maintenance Services, or the Weather and Ocean Platform Buoys
rfrederick on DSKBCBPHB2PROD with HEARING
and provides not less than the fiscal year 2020 level for each of
these activities. The Committee reaffirms its support for the tsu-
nami detection mission and provides not less than the fiscal year
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00043 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
44
2020 enacted level for the Tropical Atmosphere Ocean (TAO) Plat-
form observations.
National Mesonet Program.—The recommendation includes not
less than $22,500,000 for the National Mesonet Program,
$2,300,000 above the fiscal year 2020 level, to enable the program
to increase the number of observations, include new types of data,
and introduce innovative capabilities to address capacity and cov-
erage gaps.
Central Processing.—The recommendation includes $102,538,000
for Central Processing while rejecting the proposed reduction to the
Advanced Hydrologic Prediction Services System and the proposal
to terminate 84 Information Technology Officers who are critical to
the delivery of timely and actionable forecasts. No less than the fis-
cal year 2020 level is provided to continue these activities.
Analyze, Forecast, and Support.—The recommendation includes
$538,000,000 for Analyze, Forecast, and Support activities, but
does not adopt the proposed NWS workforce savings that would
only serve to exacerbate the staffing problems noted above. The
Committee further rejects the proposed consolidation of the func-
tions of the Climate Prediction Center and the Weather Prediction
Center at the National Centers for Environmental Prediction, as
well as the termination of Aviation Science Research to Operations,
and provides no less than the fiscal year 2020 amount for each of
these activities.
Tsunami Warning Program.—The Committee rejects the pro-
posed reduction to the Tsunami Warning Program and instead pro-
vides no less than the fiscal year 2020 level for this critical pro-
gram.
Weather decadal.—The recommendation includes no less than
$1,500,000 from within Analyze, Forecast, and Support to commis-
sion the National Academies of Sciences, Engineering and Medicine
to undertake the inaugural decadal survey of the U.S. weather en-
terprise, to be completed not later than one year after the enact-
ment of this Act, that shall: (1) ensure the participation of all rel-
evant Federal agencies; (2) provide policymakers with the relevant
information to prioritize investments in weather forecasting, mod-
eling, data assimilation, and supercomputing over the next ten
years; (3) assess the current US weather enterprise and how it has
performed over the previous five years, including implementation of
the Weather Research and Forecasting Innovation Act of 2017 (15
U.S.C. 8501–8549); and (4) evaluate future potential Federal in-
vestments in science, satellites, radars, and other observation tech-
nologies, to include surface and boundary layer observations, so
that all domestic users of weather information can receive data in
the most efficient and effective manner possible.
Dissemination.—The Committee provides $79,112,000 for Dis-
semination Operations, Research, and Facilities, and rejects the
proposal to reduce funding for NOAA Weather Radio.
Science and Technology Integration.—The recommendation in-
cludes $151,423,000 for Science and Technology Integration but ap-
proves neither the termination of COASTAL Act or Aviation
rfrederick on DSKBCBPHB2PROD with HEARING
Science Research to Operations, nor the reduction to Numerical
Weather Prediction Modeling. No less than the fiscal year 2020
level is provided for each of these activities.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00044 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
45
National Water Center (NWC).—The Committee does not adopt
the termination of funding for Hydrology and Water Resources
within Science and Technology Integration. Instead, the rec-
ommendation includes no less than the fiscal year 2020 level to
continue research activities to improve fine and large-scale meas-
urements of snow depth and soil moisture data that can be used
to expand and improve the National Water Model and contribute
directly to the mission of NOAA’s National Water Center.
Improving River and Flood Forecasts.—The Committee was trou-
bled by the widespread flooding throughout the Nation in calendar
year 2019. Future effective mitigation of this costly and dangerous
hazard requires improved monitoring and forecasting of hydrologic
conditions, including stream and river flow. Recognizing this need,
the Committee encourages NOAA, in collaboration with the United
States Geological Survey, to work with the extramural research
community to update and improve upon its existing flooding models
and forecasts, to utilize new technologies for enhanced data collec-
tion, and to enhance flood data services for local government offi-
cials, communities, producers, and other stakeholders who depend
on accurate flooding forecasts. NOAA should consider how this pri-
ority can be addressed by future partnerships with academic and
State centers, particularly in those States impacted by the 2019
Missouri River and North Central Flooding.
Storm Surge Modeling Technology.—The Committee encourages
NOAA to continue to pursue collaborations that will improve upon
NOAA’s current Sea, Lake, and Overland Surge from Hurricanes
model; and encourages NOAA to consider integrating improved
technologies into standard modeling operations for storm surge, in-
land flooding, and the combination of both.
National Environmental Satellite, Data and Information Serv-
ice.—The Committee recommends $285,606,000 for National Envi-
ronmental Satellite, Data and Information Service (NESDIS) Oper-
ations, Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(in thousands of dollars)
Program Amount
Environmental Satellite Observing Systems:
Office of Satellite and Product Operations ................................................................................................. $189,099
Product Development, Readiness, and Application .................................................................................... 28,907
Commercial Remote Sensing Regulatory Affairs ........................................................................................ 1,800
Office of Space Commerce .......................................................................................................................... 1,800
Group on Earth Observations ...................................................................................................................... 500
Environmental Satellite Observing Systems ........................................................................................................ 222,106
National Centers for Environmental Information ................................................................................................. 63,500
Total, National Environmental Satellite, Data and Information Service, Operations, Research, and Facilities $285,606
Product Development, Readiness, and Application.—The rec-
ommendation does not accept the proposal regarding Data Products
Developed and provides no less than the fiscal year 2020 level for
rfrederick on DSKBCBPHB2PROD with HEARING
this work.
Office of Space Commerce.—The Committee does not accept the
proposal to transfer the functions of the Office of Space Commerce
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00045 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
46
and Commercial Remote Sensing Regulatory Affairs out of NOAA
NESDIS. The Committee looks forward to the delivery of the study
on this topic by the National Academy of Public Administration.
National Centers for Environmental Information.—The Com-
mittee does not adopt the proposals to reduce National Centers for
Environmental Information (NCEI) grants or to terminate Regional
Climate Services. The Committee recommends $63,500,000 for
NCEI, which includes no less than $5,500,000 for Coastal Data De-
velopment, $2,400,000 for Regional Climate Services, and
$4,600,000 for Regional Climate Centers. NESDIS shall further
prioritize filling the vacant Regional Climate Services Director po-
sitions.
Mission Support.—The recommendation includes $311,454,000
for Mission Support Operations, Research, and Facilities.
MISSION SUPPORT
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
Program Amount
Mission Support:
Executive Leadership ................................................................................................................................... $28,024
Mission Services and Management ............................................................................................................ 161,163
IT Security .................................................................................................................................................... 15,378
Payment to DOC Working Capital Fund ...................................................................................................... 66,389
Mission Support Services ..................................................................................................................................... 270,954
Office of Education:
B–WET Regional Programs .......................................................................................................................... 8,000
José E. Serrano Educational Partnership Program with Minority Serving Institutions .............................. 20,000
NOAA Education Program Base ................................................................................................................... 5,500
Office of Education .............................................................................................................................................. 33,500
Facilities Maintenance ......................................................................................................................................... 7,000
Total, Mission Support, Operations, Research, and Facilities ............................................................................. $311,454
Office of Education.—The Committee rejects all of the proposed
cuts to the Office of Education and believes the enactment of these
proposals would do great harm to the future of oceanic and atmos-
pheric sciences. The Committee recognizes that the changing cli-
mate and increasing degradation of our environment will neces-
sitate greater future investments in these scientific fields and their
corresponding workforces. Consequently, the recommendation in-
cludes $33,500,000 for NOAA’s Office of Education, an increase of
$3,300,000 above the fiscal year 2020 level, which includes contin-
ued support for Environmental Literacy Grants and for improving
geographic literacy. Of this amount, $20,000,000 is provided for the
José E. Serrano Educational Partnership Program with Minority
Serving Institutions and $8,000,000 is provided to continue the
Bay-Watershed Education and Training (B–WET) regional pro-
grams.
Facilities Maintenance.—The Committee accepts the consolida-
rfrederick on DSKBCBPHB2PROD with HEARING
tion of Facilities Maintenance into one budget line under Mission
Support, including the proposed transfer of funds for this purpose
from NMFS.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
47
Office of Marine and Aviation Operations (OMAO).—The rec-
ommendation includes $255,779,000 for the Office of Marine and
Aviation Operations, Operations, Research, and Facilities. The
Committee appreciates the clear and concise regular briefings pro-
vided by OMAO’s leadership and encourages them to continue with
the same frequency and detail as in fiscal year 2020.
OFFICE OF MARINE AND AVIATION OPERATIONS
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
Program Amount
Office of Marine and Aviation Operations:
Marine Operations and Maintenance .......................................................................................................... $174,000
Aviation Operations and Aircraft Services .................................................................................................. 29,466
Unmanned Systems Operations .................................................................................................................. 10,665
NOAA Corps ................................................................................................................................................. 41,648
Total, Office of Marine and Aviation Operations, Operations, Research, and Facilities .................................... $255,779
Marine and Aviation Operations.—The Committee notes the im-
portance of NOAA’s vessels’ Days At Sea (DAS) and aircraft flight
hours in fulfilling NOAA’s mission requirements, and therefore re-
jects the proposals to reduce DAS and Aircraft Operations. Instead,
the Committee directs OMAO to maximize DAS and flight hours,
to the extent practicable, while executing the comprehensive vessel
and aircraft maintenance program recently developed by OMAO.
Monitoring of Atmospheric Rivers.—Improving understanding of
atmospheric rivers is critical to preparing for concentrated rain
storms and flooding along the U.S. West Coast. Therefore, the
Committee rejects the proposal to eliminate these flights and in-
stead provides no less than $2,000,000, including up to $1,500,000
from unexpended funds in fiscal year 2020, for use of airborne as-
sets to conduct increased winter storm observations to better ob-
serve and predict these extreme weather events.
Unmanned Systems Operations.—The Committee provides
$10,665,000 for Unmanned Systems Operations (UxS) and directs
OMAO to continue to prioritize operationalizing unmanned tech-
nologies. OMAO shall also partner with OAR to develop new tech-
nologies and applications of unmanned systems to cost effectively
meet NOAA’s missions.
Further, the Committee directs NOAA, in partnership with the
UxS Executive Oversight Board, as well as in consultation with the
leadership of each of the NOAA line offices, to develop a 5-year
strategic plan for expanding the use of unmanned systems, includ-
ing from third party vendors, as appropriate, to meet NOAA’s
broad suite of missions. The plan shall detail how the use of these
platforms will supplement the in-situ data collection capabilities
and change the demands on NOAA’s ships and aircraft, both in
terms of deploying unmanned assets as well as the potential for re-
duced demand on those assets as unmanned systems multiply the
capacity for environmental observations. This plan shall take into
consideration the rapidly advancing technology of these platforms
as well as the sensors that can be placed upon them and allow the
rfrederick on DSKBCBPHB2PROD with HEARING
flexibility to adopt technologies as they become available. NOAA
shall deliver this plan to the Committee no later than 12 months
after the enactment of this Act.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00047 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
48
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$1,537,360,000 for Procurement, Acquisition, and Construction
(PAC), of which $1,524,360,000 is appropriated from the general
fund and $13,000,000 is derived from recoveries of prior year obli-
gations.
The following narrative descriptions and tables identify the spe-
cific activities and funding levels included in this Act.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(In thousands of dollars)
Program Amount
National Ocean Service:
National Estuarine Research Reserve Construction ................................................................................... $2,000
Marine Sanctuaries Construction ................................................................................................................ 4,000
Total, NOS—PAC ......................................................................................................................................... 6,000
Office of Oceanic and Atmospheric Research:
Research Supercomputing/CCRI .................................................................................................................. 42,000
National Weather Service:
Observations ................................................................................................................................................ 15,745
Central Processing ...................................................................................................................................... 66,761
Dissemination .............................................................................................................................................. 9,934
Total, NWS—PAC .................................................................................................................................... 92,440
National Environmental Satellite, Data and Information Service:
GOES R ........................................................................................................................................................ 334,500
Space Weather Follow-on ............................................................................................................................ 108,115
Polar Weather Satellites .............................................................................................................................. 657,835
CDARS .......................................................................................................................................................... 14,400
COSMIC 2/GNSS RO ..................................................................................................................................... 5,892
Geostationary Earth Orbit (GEO) ................................................................................................................. 10,000
Systems/Services Architecture and Engineering (SAE) ............................................................................... 37,000
Satellite Ground Services (SGS) .................................................................................................................. 39,287
Projects, Planning, and Analysis ................................................................................................................ 15,941
Satellite CDA Facility ................................................................................................................................... 2,450
Total, NESDIS—PAC ............................................................................................................................... 1,224,118
Mission Support:
NOAA Construction ...................................................................................................................................... 50,000
Office of Marine and Aviation Operations:
Fleet Capital Improvements and Technology Infusion ................................................................................ 27,500
Vessel Recapitalization ............................................................................................................................... 92,000
Unmanned Systems Acquisitions ................................................................................................................ 2,000
Total, OMAO–PAC .................................................................................................................................... 121,500
Total, Procurement, Acquisition and Construction .............................................................................................. $1,537,360
Research Supercomputing.—The Committee recognizes the im-
portance of supercomputing capacity to further research efforts re-
garding weather and climate modeling and therefore recommends
$42,000,000 for OAR Research Supercomputing, which is
$16,000,000 above the request.
rfrederick on DSKBCBPHB2PROD with HEARING
Integrated Water Prediction.—The Committee provides
$66,761,000 for Central Processing under National Weather Service
PAC, which includes not less than the fiscal year 2020 level for In-
VerDate Sep 11 2014 09:45 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00048 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
49
tegrated Water Prediction High Performance Computing as well as
Research and Development High Performance Computing.
Quarterly Satellite Reports.—The Committee directs the Depart-
ment of Commerce to continue to provide oversight of NOAA’s sat-
ellite programs as directed in fiscal year 2020. NOAA shall also
continue to provide quarterly briefings to the Committee on all
NOAA satellite programs not later than 30 days after the end of
each quarter. These briefings shall include the status of obligations
for each program, including spacecraft, launch vehicle, sensor, inte-
gration, and ground components, and proposed changes to the fly-
out charts. NOAA shall also include in these briefings updates on
all of its operational satellite systems.
Commercial Data.—The Committee provides $2,678,000 above
the fiscal year 2020 level for purchase and piloting of commercial
weather data.
NOAA Construction.—The Committee notes the poor condition of
NOAA’s aging physical research infrastructure, including a number
of highly utilized NOAA Fisheries regional facilities that perform
critical, world class research and surveys in support of the agency’s
multiple missions. The Committee is particularly concerned that
several key NOAA Fisheries regional labs across the country will
soon be unable to perform basic functions, even with major recon-
struction, given the significant age of infrastructure, state of dis-
repair, and changing physical environment in which they are lo-
cated. The Committee therefore urges NOAA Fisheries to accel-
erate existing regional facility modernization planning and analysis
efforts. Such efforts shall prioritize the benefits of colocation with
existing Federal academic, university, and nonprofit partners, in-
cluding cooperative institutes, as appropriate, as a means of
leveraging existing relationships and research efforts in an effort to
maintain, if not elevate, the facilities capabilities and enhance sci-
entific excellence.
Vessel Recapitalization.—Following the unexpected decommis-
sioning of the Research Vessel Hi’ialakai, the Committee expects
NOAA to place a higher priority on full, proper, and timely mainte-
nance of all ships and vessels. The Committee therefore notes with
disdain the omission of a request for funding of the midlife mainte-
nance of NOAA’s global class vessel despite the direction provided
in fiscal year 2020. Funding for such maintenance is included in
this recommendation. The Committee directs NOAA, in all future
budget submissions to Congress, to detail all operational and main-
tenance requirements in addition to capital requirements of vessels
and aircraft to maintain the optimal operational tempo necessary
to meet NOAA’s missions. The Committee reaffirms its support for
NOAA’s Fleet Recapitalization Plan by, as in prior fiscal years, pro-
viding the requested amount for Vessel Recapitalization. The Com-
mittee expects that NOAA will ensure that these new vessels facili-
tate the reduction of gaps in mission coverage as current ships fall
into disrepair or are decommissioned. During the recapitalization
process, NOAA is encouraged to evaluate its fleet plan regularly
rfrederick on DSKBCBPHB2PROD with HEARING
and consider cost-effective alternatives such as vessel leasing or
chartering for meeting NOAA’s mission requirements.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00049 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
50
PACIFIC COASTAL SALMON RECOVERY
The Committee rejects the proposed termination of Pacific Coast-
al Salmon Recovery and recommends $65,000,000 for this program.
FISHERMEN’S CONTINGENCY FUND
The Committee recommends $349,000 for the Fishermen’s Con-
tingency Fund, which is the same as fiscal year 2020. This Fund
is available to compensate U.S. commercial fishermen for damage
or loss caused by obstructions related to oil and gas exploration,
and is derived from fees collected by the Secretary of the Interior.
FISHERY DISASTER ASSISTANCE
The Committee accepts the proposal for Fishery Disaster Assist-
ance. The Committee recognizes the distress caused by fishery dis-
asters and understands that poor communication and funding dis-
bursement delays only exacerbate an already difficult problem.
NOAA is urged to consider policy changes to improve and expedite
the review and obligation process, and to provide Congress with
budgetary and legislative proposals as needed.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends language under this heading lim-
iting obligations of direct loans to $24,000,000 for Individual Fish-
ing Quota loans and $100,000,000 for traditional direct loans.
DEPARTMENTAL MANAGEMENT
The Committee recommends $129,723,000 for Departmental
Management (DM), $14,723,000 above fiscal year 2020 and
$41,092,000 below the request. This amount includes funding for
DM Salaries and Expenses, the Renovation and Modernization of
the Herbert C. Hoover Building, the Department of Commerce
Nonrecurring Expenses Fund, and the Office of Inspector General.
Modernizing economic statistics in Puerto Rico.—In October 2019,
the Bureau of Economic Analysis (BEA) released prototype statis-
tics for consumer spending, business investment, and net exports
of goods for Puerto Rico for 2012–2017. This information is an im-
portant step towards producing gross domestic product (GDP) sta-
tistics for Puerto Rico and in line with recommendations from the
2016 Bipartisan Congressional Task Force on Economic Growth in
Puerto Rico report to the House and Senate. The Committee under-
stands that BEA will release these estimates by the end of 2020.
The Committee directs the Department to continue its efforts to
help the government of Puerto Rico to modernize its economic sta-
tistics programs and looks forward to receiving the report outlining
its efforts to produce quarterly economic surveys for the territories
and personal income statistics as directed in House Report 116–
101.
Interstate Commerce.—The Committee remains concerned about
the Electronic Export Information (EEI) requirements located in 15
CFR Part 30, which mandate reporting for certain goods between
rfrederick on DSKBCBPHB2PROD with HEARING
the States and Puerto Rico and the U.S. Virgin Islands, and under-
stands that the Commerce Department, in coordination with the
Government of Puerto Rico, will stand up a working group to ex-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
51
plore alternative options, and that the Census Bureau will be
issuing a Federal Register Notice soliciting stakeholder insights.
The Committee believes that the EEI imposes undue costs and bur-
dens on companies seeking to do business in Puerto Rico, and
serves as a disincentive to investment. The Committee reminds the
Department that the 2016 Bipartisan Congressional Task Force on
Economic Growth in Puerto Rico recommended the Department
conduct a thorough evaluation of its regulations requiring EEI fil-
ings and assess alternative data sets, including Puerto Rico’s SURI
system (Sistema Unificado de Rentas Internas) that could be used
without modification. The Committee directs the Department, with-
in 90 days of enactment of this Act, to submit a report to the Com-
mittee with an analysis of alternative methods of developing GDP
data for Puerto Rico without using EEI information, and to provide
a plan to phase out the use of EEI data, including a timeline for
implementation of these changes.
Human Rights Violations.—The Committee is concerned with vi-
olence and threats shown towards human rights activists around
the world, and notes some of this has occurred in nations with
which the United States has trade agreements with enforceable
protections. The Committee encourages the Department to more ac-
tively engage with trade partner nations to end these human rights
violations and report to the Committee no later than 90 days after
enactment of this Act on enforcement actions it has taken to pro-
mote compliance with labor and environmental obligations.
Regional Biosecurity Plan.—The Department shall continue to
submit a report alongside its annual budget justifications describ-
ing the activities of the Department during the prior fiscal year to
implement the Regional Biosecurity Plan for Micronesia and Ha-
waii—a strategic plan developed jointly by the Department and
other Federal and non-Federal entities to prevent and control the
introduction of invasive species in the U.S. Pacific region. The re-
port shall include an update of the Departmental activities accom-
plished in implementation of the plan and next steps and planned
activities for further execution of the plan, including estimates of
funding that will be obligated towards the implementation and fu-
ture year requirements.
Climate Change Impacts on Recreational Boating Economy.—The
Committee directs the Department of Commerce, in coordination
with the Federal Recreation Council, to carry out an assessment of
the effects of climate change on the recreational boating economy
and produce recommendations to address identified vulnerabilities
no later than 180 days after enactment of this Act. The Depart-
ment shall also submit this report to GAO for review. GAO shall
review the assessment and provide a preliminary briefing to the
Committees on its review within 120 days of receipt.
AI Talent.—The Committee believes the Department should de-
velop a clear career development and promotion path that encour-
ages participation and expertise in AI standards and standards de-
velopment, and directs the Department to report to the Committee
on these efforts no later than 180 days after enactment of this Act.
Remanufactured Products.—The Committee directs the Depart-
rfrederick on DSKBCBPHB2PROD with HEARING
ment to study strategies to strengthen regional and local remanu-
facturing markets. The study should consider remanufacturing
challenges, such as processes of disassembling, cleaning, and re-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00051 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
52
pairing components, and how to use these components with new
materials to create quality remanufactured products. The Depart-
ment shall provide the results of this study, including recommenda-
tions on such strategies, to the Committee no less than 180 days
after the enactment of this Act.
Foundation for Evidence-Based Policymaking Act Implementa-
tion.—No later than 90 days after the enactment of this Act, the
Secretary shall report to the Committee on the implementation of
the Foundations for Evidence-Based Policymaking Act of 2018
(Public Law 115–435) and progress being made by the Department
in this area.
Uranium Imports.—At the end of 2020, statutory limitations on
Russian uranium imports will expire. The Committee believes the
U.S. should decrease its reliance on uranium imports from Russia
and that Russia should not be allowed to increase its dominance
in the U.S. market. The Committee urges the Department to en-
sure that any new agreement with Russia significantly reduces the
influx of Russian material, includes strong protections for the do-
mestic uranium industry, and closes loopholes to prevent any cir-
cumvention of import limits. The Committee further believes that
failure to extend the Russian Suspension Agreement (RSA) or the
legislative backstop for the RSA would result in unchecked price-
insensitive Russian imports of uranium that far exceed the RSA’s
existing quota.
Sustainable Food Packaging.—The Committee recognizes that
pervasive use of plastics in food packaging has a damaging impact
on human health, the environment, and wildlife. The Committee
encourages the Department to support innovations in the manufac-
turing and adoption of ecologically sustainable food packaging ma-
terials.
SALARIES AND EXPENSES
The Committee recommends $73,080,000 for DM Salaries and
Expenses, $12,080,000 above fiscal year 2020 and $23,054,000
below the request. The recommendation assumes the proposed
transfer of $9,278,000 which reflects positions previously and im-
properly funded out of both Working Capital Fund and Advances
and Reimbursements, such as a White House Liaison, the Sec-
retary’s Executive Protection Unit, and the Office of Public Affairs
to name a few. While the Committee appreciates the Department’s
efforts to reassess these requirements and supports the transfer to
ensure these positions are funded out of Salaries and Expenses, the
Committee remains concerned about how the Department executes
its Working Capital Fund and charges bureaus for activities that
are not standard shared services, but rather general headquarters
functions.
The Committee remains concerned that information on travel for
personnel in Executive Direction was not submitted in the fiscal
year 2021 budget request nor was it included in fiscal year 2020
spend plans as directed in the Explanatory Statement accom-
panying the fiscal year 2020 Appropriations Act. The Committee di-
rects that the Department clearly display, in the monthly report on
rfrederick on DSKBCBPHB2PROD with HEARING
travel to China, the travel costs of personnel from Executive Direc-
tion and further directs that the Department provide the Com-
mittee, on a monthly basis, information on all travel outside of the
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
53
National Capital Region for all Department personnel including the
total amount expended per bureau and the source of appropriation
supporting the costs of the travel. Each agency has its own travel
budget for domestic and international travel and should use those
funds accordingly.
RENOVATION AND MODERNIZATION
The Committee recommends $1,123,000 for the salaries and ex-
penses needed to continue the operation of the renovation project
of the Herbert C. Hoover Building.
NONRECURRING EXPENSES FUND
The Committee recommends $20,000,000 for the Nonrecurring
Expenses Fund that was established in the fiscal year 2020 Con-
solidated Appropriations Act and supports the Department’s efforts
to modernize its financial system through the Business Application
Solutions. The Committee understands that the Department is
evaluating how it can standardize appropriations and periods of
availability (POAs) across the Department for more consistent
planning, programming, budgeting, and execution. The Committee
looks forward to receiving the Department’s analysis as directed in
House Report 116–101.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $37,520,000 for the Office of Inspec-
tor General (OIG), which includes the requested transfers for over-
sight activities. The Committee expects the OIG to continue its
oversight work on cybersecurity, satellite procurements, telework,
patent quality, and the 2020 Decennial Census.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments only
upon certification of officials designated by the Secretary that such
payments are considered to be in the public interest.
Section 102 makes appropriations for the Department available
for hire of passenger motor vehicles, for services, and for uniforms
and allowances as authorized by law.
Section 103 provides the authority to transfer funds between De-
partment of Commerce appropriations accounts and require 15
days advance notification to the Committees on Appropriations for
certain actions.
Section 104 extends congressional notification requirements for
NOAA satellite programs.
Section 105 provides for reimbursement for services within De-
partment of Commerce buildings.
Section 106 clarifies that grant recipients under the Department
of Commerce may continue to deter child pornography, copyright
rfrederick on DSKBCBPHB2PROD with HEARING
infringement, or any other unlawful activity over their networks.
Section 107 provides the NOAA Administrator with the authority
to avail NOAA of needed resources, with the consent of those sup-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00053 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
54
plying the resources, to carry out responsibilities of any statute ad-
ministered by NOAA.
Section 108 prohibits the National Technical Information Service
from charging for certain activities.
Section 109 authorizes NOAA to receive payments from other en-
tities to defray some costs of permitting and regulatory activities.
Section 110 provides authority for the programs of the Bureau of
Economic Analysis and the Bureau of the Census to enter into co-
operative agreements in order to assist in improving statistical
methodology and research.
TITLE II
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
The Committee recommends $120,041,000 for Department of
Justice, General Administration, Salaries and Expenses, which is
$5,301,000 above fiscal year 2020 and $1,728,000 below the re-
quest. The recommendation includes a new $5,000,000 initiative for
a National Task Force on Law Enforcement Oversight. The Com-
mittee has provided separate funding recommendations by decision
unit as follows:
Department Leadership ........................................................................ 13,500,000
Intergovernmental Relations/External Affairs .................................... 11,000,000
Executive Support/Professional Responsibility ................................... 16,000,000
Justice Management Division ............................................................... 74,041,000
National Task Force on Law Enforcement Oversight ........................ 5,000,000
National Police Misconduct Registry ................................................... 500,000
Total, Salaries and Expenses ........................................................ 120,041,000
Cold Case Investigations.—The bill includes not less than
$13,500,000, the same as the fiscal year 2020 enacted level, for the
Criminal Section of the Civil Rights Division, the Civil Rights Unit
of the Federal Bureau of Investigation, the Community Relations
Service, and in grant assistance, as authorized by the Emmett Till
Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public
Law 114 325), to investigate and prosecute previously unresolved
civil rights era ‘‘cold case’’ murders suspected of having been ra-
cially motivated. The Department of Justice (DOJ) shall include, as
part of the annual spending plan required under section 507 of this
Act, details on actual and projected spending, by agency and appro-
priation, to carry out the Emmett Till Act. The Committee directs
the National Institute of Justice, the Bureau of Justice Assistance,
and the Office for Victims of Crime to continue providing grants for
cold case DNA investigations to aid State and local law enforce-
ment agencies in their investigation and prosecution of unsolved
civil rights cold cases. In addition, the Attorney General is directed
to make full use of his authority to support and carry out the objec-
tives of Public Law 115–426, the Civil Rights Cold Case Records
Collection Act of 2018.
rfrederick on DSKBCBPHB2PROD with HEARING
National Task Force on Law Enforcement Oversight.—The bill in-
cludes $5,000,000 to support the efforts of the National Task Force
on Law Enforcement Oversight pursuant to Section 220 of this Act.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
55
The Task Force shall support the Attorney General and coordinate
the detection and referral of complaints regarding incidents of al-
leged law enforcement misconduct nationwide, in consultation with
professional law enforcement associations, labor organizations, and
community-based organizations.
National Police Misconduct Registry.—The Committee strongly
supports establishment of a National Police Misconduct Registry,
containing data with respect to all Federal, State and local law en-
forcement officers, to be compiled and maintained by the Depart-
ment of Justice. This would provide a publicly available resource
to help ensure accountability and transparency, and help restore
trust in the credibility of the Nation’s law enforcement agencies
and improve relationships between them and the communities they
serve. To that end, the Committee has included $500,000 to sup-
port development and implementation of such a registry, as speci-
fied in Title II of H.R. 7120, the George Floyd Justice in Policing
Act, as passed by the House of Representatives on June 25, 2020.
Accreditation of law enforcement agencies.—The Committee
strongly supports development and implementation of strong, uni-
form accreditation standards for Federal, State, and local law en-
forcement agencies to ensure community accountability and a focus
on policing with a guardian mentality, as set forth in H.R. 7120 as
passed by the House of Representatives on June 25, 2020. The
Committee therefore directs the Attorney General to take the lead
in such an effort, and recommend such standards, in consultation
with law enforcement accreditation organizations, based on an
analysis of existing accreditation standards and methodology devel-
opment by law enforcement accreditation organizations nationwide,
including national, State, regional, and tribal accreditation organi-
zations, as well as the May 2015 recommendations of the Presi-
dent’s Task Force on 21st Century Policing.
Use of force.—The Committee is concerned about the lack of reli-
able statistics on how often law enforcement uses deadly force, as
underscored in the 2018 report by the U.S. Commission on Civil
Rights entitled Police Use of Force: An Examination of Modern Po-
licing Practices. That report recommended that ‘‘Congress should
condition cities’’’ receipt of federal law enforcement funds on the
cities’ collection and reporting to DOJ of data regarding police use
of force practices, in a format that is aggregable and comparable
nationally, which DOJ can then report to the American public.
Congress should require DOJ to create and maintain a public, na-
tional database of police use of force incidents and appropriate
funds sufficient to support the creation and maintenance of the
database.’’
The Committee agrees with these recommendations and notes
that Congress is currently considering affirmative direction, such
as the language of Section 364 of H.R. 7120, as passed by the
House of Representatives on June 25, 2020, that would define and
sanction specific types of force. The Committee therefore directs the
Attorney General to develop plans to require each State, city, coun-
ty, and tribal government agency receiving DOJ law enforcement
funding to provide annual data to the Department on its use of
rfrederick on DSKBCBPHB2PROD with HEARING
force incidents. The Committee also directs the Attorney General
to develop plans to require all Federal law enforcement agencies to
provide annual information on its use of force incidents. Such data
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00055 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
56
should include: the date, time, and location of each instance in
which deadly force was used; identifying characteristics of the vic-
tim and officer involved, including the race, gender, ethnicity, and
approximate age of the victim; any existence of mental illness or
disability of the victim; the nature of the deadly force used, includ-
ing whether it involved a firearm; and a description of any non-le-
thal efforts that were taken before deadly force was used.
The Committee understands that the National Use of Force Data
Collection (NUOFDC) database effort, begun in 2015 and imple-
mented nationally on January 1, 2019, reflects participation from
State and local agencies, and that when NUOFDC participation
reaches 60 percent such data may be published. The Committee
also understands that the NUOFDC database does not currently
include data on religion of persons involved, documentation of
deadly force guidelines in effect, or explanations or reasons for use
of force. The Committee directs the Department to develop a plan
to collect such data and brief the Committee not later than 90 days
after the enactment of this Act on steps to implement such a plan,
to include any additional funding required. In addition, while Con-
gress is currently considering changes in this area, including in
section 219 of this Act, the Committee understands that Use-of-
Force data and UCR submissions to the FBI are currently vol-
untary. Thus, the aforesaid briefing should also address what
steps, to include additional legal authority, financial incentives,
and implementation actions, may be required to further increase
such submissions of information, including by making such infor-
mation a condition for eligibility to receive DOJ assistance or share
in DOJ-administered Federal law enforcement funds, while main-
taining law enforcement cooperation between DOJ and its partners.
Such briefing should also address the process and associated ad-
ministrative requirements to audit and review use of force data
from Federal, State and local law enforcement agencies, consistent
with the approach set forth in sections 225 and 226 of H.R. 7120
as passed by the House of Representatives on June 25, 2020, in-
cluding the use of such audits to assess compliance with reporting
requirements if such requirements were to be established in law or
regulation.
Death in Custody Reporting Act.—The Committee is deeply con-
cerned by the Department’s failure to implement the Death in Cus-
tody Reporting Act of 2013, Public Law 113–242. As our nation
faces another crisis caused by the shocking deaths of individuals of
color at the hands of local law enforcement, the Committee believes
that the requirements of that law are essential to enable Congress
and the American public to understand the scope of the problem
and to facilitate reforms. The Committee directs the Department,
not later than 90 days after enactment of this Act, to provide the
Committee with the report required in Section 2(f) of Public Law
113–242. The Committee also directs the Department to comply
with recommendations in the Department of Justice’s Inspector
General’s December 2018 report entitled, ‘‘Review of the Depart-
ment of Justice’s Implementation of the Death in Custody Report-
ing Act of 2013,’’ and to notify the Committee not later than 90
rfrederick on DSKBCBPHB2PROD with HEARING
days after enactment of this Act regarding all Federal agencies
with law enforcement authority who are non-compliant with the re-
quirements of Public Law 113–242.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00056 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
57
Federal police cameras and accountability.—The Committee
strongly supports the adoption of rigorous and consistent standards
for the use of body-worn, vehicle borne, and other video and camera
technology used to record Federal police interaction with civilians
while engaged in law enforcement activity. To ensure such tech-
nology is used effectively and facilitates safety for both the public
and the law enforcement officers, as well as to support trans-
parency and accountability, the Committee strongly urges the At-
torney General to adopt the requirements set forth H.R. 7120, the
George Floyd Justice in Policing Act, Title III, Subtitle C, Part I,
the Federal Police Camera and Accountability Act, as passed by the
House of Representatives on June 25, 2020.
Funding crime victim services.—The Committee notes that DOJ
may use discretionary funding from the Crime Victims Fund, under
34 U.S.C. 20103, to fund the salaries of personnel who provide
services to victims of crime. The Committee encourages DOJ to
offer such support, especially to under-resourced communities, for
the salaries of first responders and others who provide support to
victims of Federal crimes, and also to support such efforts by seek-
ing to increase deposits into the Crime Victims Fund from criminal
settlements such as those arising from violations of the Natural
Gas Pipeline Safety Act, and to include detail on such deposits in
fiscal year 2020 and estimates for fiscal year 2021 in the annual
expenditure plan.
Training.—The Committee supports vigorous action to improve
training for all Federal, State and local law enforcement officers,
to cover racial profiling, implicit bias, de-escalation, and procedural
justice; the use of force and the duty for officers to intervene when
witnessing the use of excessive force against civilians; and estab-
lish standards for such training to be adopted nationwide. The
Committee therefore directs the Attorney General to work with the
Secretary of Homeland Security to establish such a program, in-
cluding mandatory training for all Federal law enforcement offi-
cers, and development of standards that can be applied in hiring
and performance assessments. The standards should also be de-
signed to serve as a standard for State and local governments to
meet in order to be eligible for Federal grant funding, including for
Byrne Justice Assistance Grants and Community Oriented Policing
Services (COPS) grants. The Committee directs the Attorney Gen-
eral to undertake this effort based on requirements set forth in
H.R. 7120 as passed by the House of Representatives on June 25,
2020.
Sanctuary policy.—It has come to the attention of the Committee
that DOJ may be rejecting or negatively scoring applications for
Federal funding from counties, local governments, and municipali-
ties who seek Federal funding, based solely on refusal by appli-
cants to cooperate with officials from U.S. Immigration and Cus-
toms Enforcement in the arrest and detention of undocumented im-
migrants. The Committee directs the Department to review each
application and apply appropriate scoring in accordance with the
guidelines set forth in the laws passed by the U.S. Congress, in-
cluding the clarifying language included in this and previous Ap-
rfrederick on DSKBCBPHB2PROD with HEARING
propriations Acts.
Denaturalization.—On February 26, 2020, the Attorney General
announced plans to establish a new Denaturalization section with-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00057 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
58
in the DOJ Civil Division, but did not notify the Committee in ad-
vance of this decision. The Committee understands that DOJ be-
lieves that such reorganization did not meet budgetary, relocation
or personnel criteria set forth in appropriations legislation that
would require such notification be made. Nonetheless, the Com-
mittee believes it does not serve the public interest for DOJ to un-
dertake such a substantive, as well as symbolic, change without
such notification. To better understand the nature and scope of the
Department’s denaturalization effort, the Committee directs the At-
torney General to submit a report within 90 days of enactment of
this Act on the details of this reorganization, including the ration-
ale for establishment of a new section; historical denaturalization
caseload statistics, including for fiscal years 2016 through 2020;
the grounds on which denaturalization cases are brought; and the
funding and staffing of denaturalization activity by the Civil Divi-
sion for fiscal years 2016 through 2020.
DNA Sample Collections from immigration detainees.—The Com-
mittee is concerned about the potential adverse impact of the final
rule issued by DOJ on March 6, 2020, entitled, DNA Sample Col-
lection from Immigration Detainees (Docket Number OAG 164; AG
Order No. 4646 2020) and directs the Attorney General to provide
the following information to the Committee not later than 90 days
after enactment of this Act: the fiscal and administrative costs of
expanding DNA collection requirements to the Department of
Homeland Security (DHS); the FBI’s role in the collection, use, and
retention of DNA samples and profiles on the basis of this policy,
and the estimated impact of this policy on the backlog in FBI DNA
sample testing; information regarding the storage and security of
DNA kits received from DHS; any DOJ policies and protocols gov-
erning how DNA profiles are used and shared; and whether famil-
ial searches are permitted by any Federal agency or any State enti-
ty with access to the profiles.
NICS denial notification.—The Committee continues its direc-
tion, as specified in House Report 116–101 and required by the fis-
cal year 2020 Appropriations Act, for the Attorney General to no-
tify State and local authorities when the National Instant Criminal
Background Check System (NICS) detects when prohibited individ-
uals fail a background check in an attempt to make an illegal fire-
arm purchase. The Committee also directs the Department, as part
of the annual NICS Section Operations Report, to include in the
NICS Operations Report data on the number of notifications pro-
vided to State and local law enforcement agencies for each prohib-
ited category; and to publish monthly data on denials and notifica-
tions by State and prohibition type on the DOJ website.
In addition, the Committee directs the Department to provide
data on NICS checks for firearms sales that have taken longer
than three business days to complete, for the period beginning
March 2019 and broken down by month thereafter through Decem-
ber 31, 2020. The Department shall provide a report to the Com-
mittee, within 180 days of enactment of this Act, that shall include
data, broken down by month, on the number of NICS checks during
rfrederick on DSKBCBPHB2PROD with HEARING
this period that took longer than three business days, the number
of those checks that were resolved, the number of those checks that
were purged, the number of denied checks that resulted in firearm
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
59
retrieval actions being referred to ATF, and the number of success-
ful retrieval actions taken by ATF.
Domestic Terrorism task force.—The Committee recommends that
the Attorney General establish an interagency task force, led by
the DOJ Counsel for Domestic Terrorism, and include representa-
tion from the Civil Rights Division, the FBI, Department of Home-
land Security (DHS), the National Counterterrorism Center, CIA’s
Counterterrorism Center, and Fusion Center experts to consider
and develop recommendations to improve the capacity of the Fed-
eral Government to counter domestic extremism. The task force
should be required to produce a summary report on changes in the
frequency and motivations for domestic extremism in the last ten
years; current trends; an examination of Federal government ap-
proaches to such extremism; and to recommend how to improve
Federal response to the problem.
Federal law enforcement resources in the U.S. Caribbean.—The
Committee remains concerned about the pervasively high homicide
rates in Puerto Rico and the U.S. Virgin Islands, and that such
crime is directly linked to narcotics trafficking in the Caribbean.
The Committee directs the Attorney General to prioritize Federal
law enforcement personnel and resources to address such public
safety threats. The Committee further directs the Attorney General
to examine the feasibility of including sites in Puerto Rico and the
U.S. Virgin Islands under Department-wide initiatives to reduce
violent crime, such as the National Public Safety Partnership, and
to report to the Committee on the Department’s findings not later
than 90 days after enactment of this Act.
Office of Legal Counsel (OLC) opinions.—To serve the public in-
terest, and in keeping with transparency and the precedent of pub-
lic reporting of judicial decisions, the Committee asks the Attorney
General to direct OLC to publish on a publicly accessible website
all legal opinions and related materials, except in those instances
where the Attorney General determines that release would cause
a specific identifiable harm to the national defense or foreign policy
interests; information contained in the opinion relates to the ap-
pointment of a specific individual not confirmed to Federal office;
or information contained in the opinion is specifically exempted
from disclosure by statute (other than sections 552 and 552b of
title 5, United States Code). For final OLC opinions for which the
text is withheld in full or in substantial part, the Attorney General
should provide Congress a written explanation detailing why the
text was withheld.
In addition, the Attorney General should also direct OLC to pub-
lish on a publicly accessible website a complete index of all final
OLC opinions in both human-readable and machine-readable for-
mats, arranged chronologically, within 90 days of the enactment of
this Act, which shall be updated immediately every time an OLC
opinion or a revision to an opinion becomes final. The index shall
include, for each opinion: the full name of the opinion; the date it
was finalized or revised; each author’s name; each recipient’s name;
a unique identifier assigned to each final or revised opinion; and
whether an opinion has been withdrawn.
rfrederick on DSKBCBPHB2PROD with HEARING
Americans with Disabilities Act (ADA).—The Committee recog-
nizes that a lack of uniform website accessibility standards, as re-
quired by the Americans with Disabilities Act (ADA), can cause
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
60
confusion and disadvantage small businesses that provide essential
services for our communities. The Committee expects DOJ in fiscal
year 2021 to clarify such standards pursuant to the ADA.
Reentry.—The Committee recognizes that ex-offenders face chal-
lenges reentering society, and notes that in the past DOJ has
pledged to publish information on ways to connect them with legal
services to address reentry obstacles such as fines and criminal
records expungement. The Committee directs DOJ to expeditiously
submit the report required by the fiscal year 2020 Appropriations
Act examining how the Smart on Crime and other similar pro-
grams could be expanded to assist non-violent ex-offenders with
record expungement.
SUPPORT Act.—The Committee recognizes the need to combat
abusive practices in the addiction treatment and recovery indus-
tries, specifically the payment of kickbacks for referrals to recovery
homes, clinical treatment facilities, and laboratories. DOJ shall
make every effort to fully enforce Section 8122 of the SUPPORT for
Patients and Communities Act, including the investigation of po-
tential violations.
IPR Enforcement.—The Committee expects DOJ to continue to
make IPR enforcement an investigative and prosecutorial priority.
The Committee directs the FBI to submit as soon as possible the
report required pursuant to the fiscal year 2020 Appropriations Act
on the activities of its dedicated agents investigating IPR cases,
particularly with regard to creative content theft and copyright en-
forcement actions.
Real estate wire or business email compromise (BEC) fraud.—The
Committee remains concerned with the growing incidence of so-
called real estate wire fraud or business e-mail compromise (BEC)
fraud in real estate transactions. A July 2018 FBI public service
announcement said such crime targets businesses and individuals
attempting wire transfer payments, resulting in over
$12,500,000,000 in losses between 2013 and 2018, with the scam
being reported nationwide and in 150 countries. The FBI recently
warned of BEC scams related to the COVID–19 pandemic. The
Committee directs DOJ to submit expeditiously the report required
by the fiscal year 2020 Appropriations Act on BEC/wire fraud; de-
tail any joint activities with other Federal agencies; and make rec-
ommendations for new legislative authority or resources to help
these efforts.
Working capital fund and non-appropriated fund budget requests
and spending plans.—The Committee directs DOJ to continue to
include detailed breakouts of non-appropriated funding sources
with their budget submissions and expenditure plans, as directed
in the fiscal year 2020 Appropriations Act, and to continue quar-
terly reports on the collections, balances, and obligations of such
funds.
Federal obscenity prosecution.—The Committee supports the
work of DOJ in investigating and prosecuting major producers and
distributors of hardcore adult pornography that meets the Supreme
Court test for obscenity. Such enforcement is necessary to protect
the welfare of families and children as traffickers in illegal adult
rfrederick on DSKBCBPHB2PROD with HEARING
obscenity seek to extend their influence through advances in tech-
nology. The Committee directs DOJ to increase its efforts in enforc-
ing federal obscenity laws.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
61
Human trafficking.—The destructive, expanding toll of human
trafficking is international in scale but also affects every part of
the United States, both rural and urban. Modern communication
and transportation channels enable traffickers to operate every-
where, threatening our homes and communities. The Committee
has included more funding for services for victims, in grant funding
assistance to State, local and tribal governments, and sustains
funding for DOJ agencies to continue to investigate and prosecute
human traffickers and eradicate trafficking organizations.
Evidence-based policymaking.—The Committee encourages the
Attorney General to develop guidance to ensure that all relevant
participants and grantees are involved in the Department-wide
process of prioritizing evidence needs, including participating in
DOJ-led evaluations, and ensure that evidence of effectiveness is a
requirement for all competitive and non-competitive grant awards.
The Committee directs the Attorney General to include a report on
DOJ implementation of Public Law 115–435 at the Department of
Justice with the submission of the fiscal year 2022 budget request.
Prison Rape Elimination Act (PREA) facility audits.—PREA facil-
ity audits are key to helping agencies move their sexual abuse pre-
vention and response policies from written documents to everyday
practices. Congress recently made changes to the audit process to
ensure greater oversight of the audit process and improved audits.
The Committee supports DOJ providing the necessary resources to
carry out this work.
9/11 Medal of Valor Act implementation.—The Committee is con-
cerned by the delay in implementation of the 9/11 Medal of Valor
Act that was signed into law in 2017, and directs DOJ to report
to the Committee not later than 90 days after enactment of this
Act on steps being taken to ensure those who merit such recogni-
tion are rightfully honored.
E–Commerce.—On January 31, 2020, the President issued an Ex-
ecutive Order ‘‘Ensuring Safe & Lawful E–Commerce for U.S. Con-
sumers, Businesses, Government Supply Chains, and Intellectual
Property Rights’’. The order directed the Attorney General, within
60 days, to assign appropriate resources to ensure that Federal
prosecutors accord a high priority to prosecuting offenses related to
import violations, including increasing the number of DOJ officials
who will enforce criminal or civil laws, as appropriate, related to
the importation of merchandise. The Committee directs the Attor-
ney General to report to the Committee, not later than 90 days
after enactment of this Act, on the implementation of this directive,
to include the number of additional DOJ officials assigned to such
enforcement efforts.
RAPID DNA.—The Committee understands that under certain
conditions, Rapid DNA technology can help law enforcement agen-
cies quickly compare DNA samples against profiles in the Com-
bined DNA Index System (CODIS) and determine possible connec-
tions between a suspect and known criminal activity or facilitate
exoneration of innocent suspects. The Committee encourages DOJ
to consider supporting broad deployment of Rapid DNA technology
that meets FBI quality assurance standards to help local, State,
rfrederick on DSKBCBPHB2PROD with HEARING
and Federal law enforcement agencies meet their mission require-
ments, improve the efficacy and efficiency of investigations, and
protect and bring justice to the innocent.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
62
Counter-Unmanned Aircraft Systems (C–UAS).—The Committee
recommends that DOJ continue to research, test and evaluate, as
appropriate, the use of C–UAS in support of the United States
Marshals Service, the Bureau of Prisons, the Drug Enforcement
Administration, the Bureau of Alcohol, Tobacco, Firearms and Ex-
plosives, and the Federal Bureau of Investigation to prevent drug
and weapons trafficking. The Committee supports coordination and
collaboration between the Department and the Federal Aviation
Administration with respect to testing and evaluation of such tech-
nology, in accordance with subsection (a) of 49 U.S.C. 44810.
Cybersecurity threat information sharing.—The Committee sup-
ports sharing by DOJ of cybersecurity threat warnings and intel-
ligence with private companies who may benefit from actionable in-
formation to deter, prevent, or mitigate threats. The Committee
asks DOJ to provide a briefing on this topic not later than 90 days
after enactment of this Act.
Chinese-government affiliated companies.—The Committee is con-
cerned with companies operating within the United States that are
known to have substantial ties to the Chinese government, includ-
ing full or partial ownership by the Chinese government, and that
are required by Chinese law to assist in espionage activities, in-
cluding collection of personally identifiable information of American
citizens. Such companies may pose cybersecurity risks, such as
vulnerabilities in their equipment, and some are the subject of on-
going Congressional and Executive Branch investigations involving
their business practices. The Committee directs DOJ to enforce ap-
plicable laws and prevent the operation of known foreign entities
who participate in the theft of American intellectual property, the
harvesting of personal identifiable information on behalf of a for-
eign government, and the unlawful surveillance of American citi-
zens by adversarial state-owned enterprises.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $33,875,000 for Justice Information
Sharing Technology (JIST), which is equal to the fiscal year 2020
enacted level and $189,000 below the request. In addition, the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
(Public Law 116–136) included $2,000,000 to meet COVID–19 re-
quirements. The Department should use recovered balances from
prior year obligations or its discretionary transfer authority to meet
any other needs for information technology transformation and cy-
bersecurity, subject to the reprogramming procedures included in
this Act.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $734,000,000 for the Executive Of-
fice for Immigration Review (EOIR), of which $4,000,000 is from
immigration examination fees. The recommendation is $61,034,000
rfrederick on DSKBCBPHB2PROD with HEARING
above fiscal year 2020 and $148,872,000 below the request.
The recommendation includes $2,000,000 for EOIR’s portion of
the development of the Unified Immigration Portal with the De-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00062 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
63
partment of Homeland Security (DHS) as well as increased funding
for EOIR’s Information Technology (IT) modernization efforts, as
requested. The recommendation also supports a level of funding
that will allow for the continued hiring of immigration judges and
teams. While the Committee recognizes EOIR has not requested
any additional increase from its authorized position level from fis-
cal year 2020, EOIR is currently well below this level and the Com-
mittee is concerned that proposed funding increases are for posi-
tions who will not be on board in fiscal year 2021.
Legal Orientation Program (LOP).—For the LOP and related ac-
tivities the recommendation includes $25,000,000, of which
$4,000,000 is for the Immigration Court Helpdesk (ICH) program.
The LOP improves the efficiency of court proceedings, reduces court
costs, and helps ensure fairness and due process. The Committee
directs the Department to continue LOP without interruption, in-
cluding all component parts, including the Legal Orientation Pro-
gram for Custodians of Unaccompanied Children (LOPC) and the
ICH. The Committee directs the Department to brief the Com-
mittee no later than 15 days after enactment of this Act on how
EOIR is effectively implementing these programs, including the
execution of funds and any changes to the management of the pro-
gram. The recommended funding will allow for the expansion of
LOP and ICH to provide services to additional individuals in immi-
gration court proceedings. The Committee supports access to LOP
and ICHs and looks forward to receiving EOIR’s evaluation of ex-
panding this program to all detention facilities and immigration
courts, as directed in House Report 116–101. The Committee is
deeply concerned that EOIR plans to use fiscal year 2020 funds for
the procurement of a web-based application that is still under de-
velopment, but did not actively discuss these changes with the
Committee. While the Committee understands the coronavirus pan-
demic has impacted court operations and novel approaches may be
necessary for continuity, it appears a portion of these specific funds
may not be fully executed in fiscal year 2020 in support of the pro-
gram to pursue a new operating procedure without additional de-
tails on how this will impact the LOP program in future years. The
Committee is concerned that plans for a web-based application will
not adhere to congressional intent to expand this program to new
locations and individuals. The Committee reminds EOIR that fund-
ing for this program, in its ongoing, in-person format, is mandated
by law, and any diversion of these funds from their intended pur-
pose must be formally communicated and convincingly justified to
the Committee, consistent with section 505 of this Act.
LOP Pilot.—The Committee further directs EOIR, in coordina-
tion with U.S. Customs and Border Protection (CBP), to pilot the
expansion of LOP to at least one CBP processing facility with an
added focus on expanding this program to family units. The Com-
mittee further directs EOIR, in coordination with DHS, to assess
the feasibility of expanding this pilot program nationally, and to re-
port findings to the Committee no later than 180 days after the
conclusion of the pilot.
Board of Immigration Appeals (BIA) Pro Bono Project.—The
rfrederick on DSKBCBPHB2PROD with HEARING
Committee recognizes the critical work of the BIA Pro Bono Project
in facilitating pro bono legal representation for indigent, vulnerable
respondents whose cases are before the Board. The Committee
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00063 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
64
urges the continuation of participation of pro bono firms and non-
government organizations (NGOs) in the BIA Pro Bono Project to
directly facilitate case screening and legal representation. EOIR
shall report annually to the Committee on the number of cases re-
ferred to NGOs and pro bono legal representatives, the number of
EOIR Form E–26 appeals filed against pro se respondents and filed
by pro se respondents and make the information publicly available.
Immigration case quotas.—The Committee remains concerned
with the performance review standards that went into effect Octo-
ber 1, 2018, which require immigration judges to complete a quota
of 700 case completions per year to receive a satisfactory review.
Although the Committee appreciates efforts to reduce the current
backlog, tying an immigration judge’s performance to case comple-
tion threatens due process and affects judicial independence. Sec-
tion 217 of the bill prohibits EOIR’s use of case completion quotas
for immigration judge performance reviews.
Judicial Independence and Case Management.—All courts re-
quire judges to utilize case management tools in order to ensure ef-
ficient use of the court’s time and resources. The Committee is con-
cerned by recent Attorney General decisions that curtail the ability
of immigration judges to utilize critical docket management tools,
such as continuances and terminations, that enable efficient man-
agement of the court’s dockets. The Committee supports the utiliza-
tion of such tools to the fullest extent practicable and reaffirms its
support for the authority of immigration judges to exercise inde-
pendent judgment and discretion in their case decisions. Further,
the Committee supports full and fair hearings for all who come be-
fore the courts but remains concerned about decisions that ulti-
mately keep asylum seekers, including those seeking relief from do-
mestic violence, in detention for longer periods of time.
Video teleconferencing.—The Committee is frustrated by EOIR’s
response to information requested in the Explanatory Statement
accompanying the fiscal year 2020 Consolidated Appropriations Act
regarding the publication of its policies for determining the use and
dissemination of video teleconferencing (VTC) for individual merits
hearings and tent court facilities. EOIR cites multiple policies on
its website, but ultimately no central guidance on VTC appears to
exist, outside of an interim policy document from 2004. The growth
and dependence on VTC has developed since that time and it is
concerning that EOIR does not have consistent rules governing the
use of video teleconferencing, nor does it appear to have standards
to ensure that the procedural and substantive due process of re-
spondents in immigration court are protected. The Committee di-
rects EOIR, within 90 days of enactment of this Act, to develop
clear and consistent rules on the use of VTC hearings, including
when the use of video teleconferencing is appropriate, and to de-
velop rules for utilizing VTC hearings for particularly vulnerable
groups such as unaccompanied minors, individuals with medical or
mental health problems, and those subject to the Migrant Protec-
tion Protocols (MPP) program. The Committee also directs EOIR to
provide these newly developed policies to the Committee, and to
make these policies publicly available.
rfrederick on DSKBCBPHB2PROD with HEARING
Rocket Dockets.—The Committee is troubled by recent reports of
changes in EOIR practices that expedite case processing and place
unaccompanied children in so called ‘‘rocket dockets’’’ commencing
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00064 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
65
their cases through VTC within days of their arrival in the United
States. This practice is a shift from former precedent, and it lacks
recognition that cases involving unaccompanied children are dif-
ferent than for detained adults. Immigration court proceedings
must be tailored to the circumstances of individual cases in order
to preserve due process and fundamental fairness, in particular for
minors. The Committee is equally troubled by reports that EOIR
intends to expand this expedited case processing for cases involving
unaccompanied children, with little knowledge about how this proc-
ess impacts children, their opportunity to find counsel, or the chal-
lenges with communicating with children of varying ages.
EOIR is directed to report to the Committee no later than 30
days after enactment of this Act on the number of cases involving
unaccompanied children that had a Master Calendar hearing
scheduled within 30 days of their Notice to Appear (NTA), the loca-
tion of these cases, including whether VTC was utilized for the
hearing, whether the child had counsel, and the outcome of the pro-
ceedings. Further, the Committee notes that EOIR has not commu-
nicated with the Committee on this change in practice and is con-
cerned that EOIR is piloting and expanding a new program that
has not been explicitly authorized by Congress.
Tent Court Proceedings.—The Committee is concerned that the
creation of new immigration hearing facilities, often referred to as
‘‘tent courts’’’, along the border, where judges appear via video tele-
conferencing (VTC). The Committee is concerned that these new fa-
cilities threaten the public nature of immigration court pro-
ceedings. The Committee directs EOIR to provide a report within
60 days of the enactment of this Act that provides details on
EOIR’s involvement in the creation and operation of such immigra-
tion hearing facilities, as well as information detailing how EOIR
schedules judges for hearings and a list of judges hearing cases in
these facilities. EOIR shall also post to its website information on
attorney access at those facilities, as well as policies regarding pub-
lic and media access.
Migrant Protection Protocol (MPP) Statistics Publication.—With-
in 60 days of enactment of this Act, and quarterly thereafter, EOIR
is directed to publish on its public website: (1) the number of MPP
Notices to Appear (NTA) received and completed, (2) the number
of continuances or adjournments in non-MPP cases due to an immi-
gration judge being reassigned to hear MPP cases, (3) the number
of MPP hearings that occurred via VTC, and (4) the number of im-
migration judges assigned to hear MPP cases. EOIR is also di-
rected to publish the number of MPP hearings delayed as a result
of the coronavirus pandemic, as well as the average length of delay.
EOIR is further directed to publish all workload-related data cur-
rently included on its Workload and Adjudication Statistics website
page in separate MPP and non-MPP formats.
EOIR is also directed to develop a plan to begin tracking the ap-
pearance rate of individuals placed into removal proceedings, bro-
ken out into MPP and non-MPP cases, calculated by determining
the percent of individuals who have attended all scheduled hear-
rfrederick on DSKBCBPHB2PROD with HEARING
ings in any given quarter, regardless of whether the hearing re-
sulted in a completion. The Committee directs EOIR to report on
its plans no later than 180 days after enactment of this Act.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00065 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
66
Interpreters.—The recommendation includes the requested fund-
ing increase for interpretation services. While the Committee recog-
nizes that increasing numbers of respondents in immigration
courts require the use of interpretation and the ballooning costs as-
sociated with these interpretation services, the Committee directs
EOIR to pursue cost efficient measures to ensure appropriate lan-
guage access for all respondents, including indigenous language
speakers, and further directs EOIR to submit a report to the Com-
mittee, no later than 90 days after enactment of this Act, outlining
steps taken to reduce costs. The Committee eagerly awaits EOIR’s
quarterly reports highlighting any continuances or adjournments
for reasons related to interpretation as well as EOIR’s joint report
with DHS on shared interpretation resources as directed in House
Report 116–101.
Legal Representation.—The Committee is concerned with the low
rate of representation in immigration court, and the recommenda-
tion provides $15,000,000 in State and Local Law Enforcement As-
sistance for competitive grants to qualified non-profit organizations
for a pilot program to increase representation.
Immigration judges.—The Committee directs EOIR to continue to
hire the most qualified immigration judges and BIA members from
a diverse pool of candidates to ensure the adjudication process is
impartial and consistent with due process. The Committee is dis-
turbed by recent reports of politicized hiring processes for immigra-
tion judges. The Committee directs EOIR to continue to submit
monthly reports on performance and immigration judge hiring as
directed in the fiscal year 2020 Explanatory Statement and is di-
rected to include additional information on the status of hiring
other positions that make up the immigration judge teams such as
attorneys and paralegals. Finally, the Committee is concerned
about a recent Department of Justice petition sent to the Federal
Labor Relations Authority requesting the decertification of the Na-
tional Association of Immigration Judges. The Committee recog-
nizes the importance of our nation’s immigration judges and their
ability to unionize.
Immigration Efficiency.—EOIR is encouraged to collaborate with
the Department of Homeland Security (DHS) to explore efficiencies
with regard to the co-location of DHS and DOJ components with
immigration related responsibilities, including immigration courts,
DHS asylum officers, medical care practitioners, and both CBP and
Immigration and Customs Enforcement (ICE) immigration officers.
Alternatives to Detention (ATD) Program.—The Committee is
concerned that many individuals enrolled in ICE’s ATD program
will be terminated from the program before their cases are fully re-
solved. Getting timely resolution of these cases is complicated by
the historic volume of pending cases on EOIR’s non-detained docket
schedule. The Committee recognizes the ATD program is managed
by ICE, and that EOIR currently lacks information about who is
enrolled. However, the Committee also recognizes that the longer
an individual remains on ATD while their case is pending before
EOIR, the more expensive the ATD program is per enrollee, and
the less effective the ATD program is. Prioritizing ATD enrollees’
rfrederick on DSKBCBPHB2PROD with HEARING
cases as if they were on the detained docket could potentially in-
crease the effectiveness of the program, lower the cost per enrollee,
and support more individuals in the program overall. The Com-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00066 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
67
mittee directs EOIR, in coordination with ICE, to develop an anal-
ysis of alternatives to improve the timeliness of resolving cases be-
fore EOIR for individuals in the ATD program, and further to con-
sider as one such alternative the classification of ATD enrollees as
part of the detained docket for purposes of case prioritization.
EOIR is directed to brief the Committee on their findings not later
than 180 days after the date of enactment of this Act.
Court Operations during COVID–19.—The Committee under-
stands that the novel coronavirus pandemic has forced the majority
of Federal Government agencies to alter their normal operating
procedures, and changes to court operations is no exception. How-
ever, the Committee is frustrated that EOIR relied largely on Twit-
ter to communicate its operational status. Many that were travel-
ling, especially from Mexico, to appear at immigration court hear-
ings, did not receive the updated information that the courts were
closed. Even prior to the pandemic, the Committee was troubled by
reports concerning the timeliness and receipt of hearing notices, as
some were undeliverable as addressed and thus returned to immi-
gration courts, and attempts to change addresses with the immi-
gration court were often unsuccessful due to current backlogs. As
of March 31, 2020, in absentia removal orders were already on the
precipice of reaching the total number for all of fiscal year 2019.
The Committee is concerned that the pandemic has exacerbated an
already confusing process, resulting in an exponential increase in
the number of removal orders for respondents who simply did not
have the information to appear in court. Therefore, the Committee
directs EOIR to submit a report to the Committee, within 90 days
of enactment of this Act, that details the specific steps EOIR has
taken since March 2020 to accommodate respondents who have
missed court appearances due to COVID–19, and steps EOIR has
taken to ensure respondents have a centralized mechanism to elec-
tronically file an EOIR Form–33 in order to change their address
remotely with EOIR, in addition to the current use of paper filings.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $113,985,000 for the Office of In-
spector General (OIG), $8,985,000 above the fiscal year 2020 en-
acted level and $6,774,000 above the request. The Committee in-
cludes funding requested for critical information technology up-
grades, and sustains funding provided in fiscal year 2020 for data
analytics, cyber investigations, and increased workload, and to
maintain the OIG workforce. The Committee recommendation does
not reflect an unspecified ‘‘administrative reduction’’ in the Presi-
dent’s request, and DOJ should eschew such budget gimmicks in
its future requests.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
The Committee recommends $13,539,000 for the United States
rfrederick on DSKBCBPHB2PROD with HEARING
Parole Commission.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00067 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
68
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $969,211,000 for General Legal Ac-
tivities. Within the total provided, the Committee includes
$5,000,000 for the Criminal Section of the Civil Rights Division
(CRT) to implement the Emmett Till Unsolved Civil Rights Crimes
Reauthorization Act. The recommendation also includes an in-
crease of not less than $10,000,000 within the Civil Rights Division
for additional expenses relating to the enforcement of section
210401 of the Violent Crime Control and Law Enforcement Act of
1994 (34 U.S.C. 12601), criminal enforcement under sections 241
and 242 of title 18, United States Code, and administrative enforce-
ment by the Department, including compliance with consent de-
crees or judgments entered into under such section 210401.
The Committee recommendation funds current services costs for
all divisions, including CRM, but does not reflect unspecified ‘‘other
adjustments’’’ proposed in the budget for that division. The Com-
mittee directs the Department to eschew such budget gimmicks in
its future requests. Within funding provided, the Committee en-
courages the Department to enhance its efforts in elder justice,
countering online sexual exploitation of children, international
legal cooperation in investigations and prosecution, and combating
human trafficking.
The Committee has provided separate funding recommendations
by office and decision unit as follows:
Office Solicitor General ...................................................................... $13,474,000
Tax Division ........................................................................................ $111,002,000
Criminal Division ............................................................................... $198,744,000
Civil Division ...................................................................................... $316,938,000
Environment and Natural Resources Division ................................ $113,458,000
Office of Legal Counsel ...................................................................... $9,195,000
Civil Rights Division .......................................................................... $165,998,000
INTERPOL .......................................................................................... $35,592,000
Office of Pardon Attorney .................................................................. $4,810,000
Total, General Legal Activities .................................................. $969,211,000
Mutual Legal Assistance Treaty (MLAT).—The Committee sup-
ports DOJ’s continued MLAT reform efforts to reduce the substan-
tial backlog in meeting requests for mutual legal assistance from
both foreign and domestic partners, and the dramatic growth in
MLAT requests overall. As part of this effort, the Committee ex-
pects DOJ to prioritize and expedite requests from international
partners. The Department shall report to the Committee within 90
days of enactment of this Act on progress in reducing the backlog.
Voting Rights Act Section 203 Language Assistance.—The Com-
mittee recognizes that the CRT Voting Section has investigated
and come to agreements with a number of counties to bring them
into compliance with Section 203 of the Voting Rights Act (VRA).
The Committee reiterates the importance of such enforcement on
behalf of the covered language minorities, and again directs DOJ
rfrederick on DSKBCBPHB2PROD with HEARING
to include in its next budget request an update of previous reports
made to the Committee on such compliance for fiscal years 2019
and 2020. The recommendation also repeats direction that DOJ
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00068 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
69
publish annually on its website information about Section 203
suits, including at a minimum the number that are opened, ongo-
ing, or resolved. If available, such reporting should also include: a
breakdown, by suit, of the language(s) involved; the reason suits/
cases are closed (e.g., not enough evidence of non-compliance avail-
able, no evidence of non-compliance, Memoranda of Agreement);
the average number of Section 203 investigations per attorney; and
the average length of time per such investigation. If such data is
restricted from publication as a matter of policy, the Committee di-
rects that it be submitted as a separate, classified report to the
Committee.
Civil Rights Division (CRT).—The Committee is disappointed at
the failure of the Department to follow congressional direction in-
cluded in House Report 116–101 with regard to the components of
the Civil Rights Division (CRT). The information requested is nei-
ther privileged nor does it raise security concerns; it is statistical
and retrospective information; does not expose details about active
investigations; and is required to assist Congress in its oversight
of the Department. Within 90 days of enactment of this Act, and
quarterly thereafter, the Committee directs the Department to sub-
mit a report detailing, by CRT section: the number of suits filed in
federal court by each section of the Civil Rights Division, and the
number of cases that reached a final disposition (settlement, con-
sent decree, or judgment). Within each area, numbers should be
broken down to include the animating statute and type of case the
Division brought (for instance, if the case was brought under the
Civil Rights Act, then the information should detail what type of
claim and what Title the claim was brought under). The Depart-
ment should detail the number of cases appealed, and the type of
case and claim involved. Lastly, the report should include the num-
ber of current staff (and the specific number of attorneys) assigned
to each Section of the Civil Rights Division for each time period.
If the Department deems any of the information should not be
made public, it should identify that to the Committee and provide
under separate cover.
The Committee also notes that because the CRT budget justifica-
tion did not reflect the distribution of caseload between CRT sub-
divisions, it is difficult to determine how full-time equivalent re-
sources align with demand on those resources. The Committee ex-
pects DOJ to include clearer metrics and caseload statistics for
CRT anti-discrimination missions, such as (but not limited to) Fair
Housing and Voting Rights Enforcement, in its fiscal year 2022 re-
quest.
Fair housing enforcement.—The Committee remains deeply con-
cerned about the adequacy of DOJ enforcement of racial discrimi-
nation provisions of the Fair Housing Act of 1968 (FHA), and di-
rects the Department to submit expeditiously the report required
under Public Law 116–93 on FHA racial discrimination cases
brought during fiscal years 2015 through 2020.
Consent decrees.—The Committee reminds the Department that
it has yet to receive the report specified in House Report 116–101,
as required pursuant to Public Law 116–93, on the Department’s
rfrederick on DSKBCBPHB2PROD with HEARING
efforts to enforce vigorously all consent decrees negotiated under
any civil rights statute. The Committee expects the Department to
submit this report expeditiously, to include decrees issued under
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00069 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
70
the pattern or practice investigations provisions under the Omni-
bus Crime Control and Safe Streets Act of 1968 and the Violent
Crime Control and Law Enforcement Act of 1994. The Committee
has included an additional $10,000,000 for the Civil Rights Divi-
sion to support these efforts, as prescribed in the George Floyd Jus-
tice in Policing Act, H.R. 7120, as passed by the House of Rep-
resentatives on June 25, 2020.
Impact of Shelby County v. Holder.—The Committee continues to
be concerned that as a consequence of the Supreme Court’s decision
in Shelby County v. Holder, CRT has had to undertake resource-
intensive litigation to meet its responsibility under the Voting
Rights Act to ensure equal access to elections regardless of race,
ethnicity, and linguistic ability. The Committee directs DOJ to sub-
mit expeditiously the report required under Public Law 116–93 de-
scribing how the Shelby County decision has affected the resources
available to the CRT Voting Section to enforce Federal voting laws,
including its ability to monitor and ensure the fair administration
of the 2020 Presidential election, and recognizing that the report
may not include details on internal deliberative or decision proc-
esses.
Human trafficking.—The Committee urges DOJ to make it a pri-
ority for the CRT Human Trafficking Prosecution Unit and DOJ’s
Anti-Trafficking Coordination Teams to investigate and prosecute
human traffickers. The Committee directs DOJ to work with victim
service providers and non-governmental organizations assisting
trafficking victims in the United States.
Global Magnitsky Human Rights Accountability Act.—The Com-
mittee encourages the Department to enhance efforts of the Crimi-
nal and Civil Divisions to assemble and vet the large number of
case files of individuals and entities subject to sanctions under the
Global Magnitsky Human Rights Accountability Act (22 U.S.C.
2656 note).
Animal fighting.—Animal fighting is a crime that causes undue
suffering to animals, and is often connected with violent crime and
drug trafficking, but the Committee is concerned about the ade-
quacy of enforcement of the animal fighting statutes (7 U.S.C.
§ 2156 and 18 U.S.C. § 49) and other laws related to animal welfare
crime. DOJ shall make it a priority to investigate and prosecute
violations of animal welfare laws and is strongly encouraged to cre-
ate a dedicated section within the Environment and Natural Re-
sources Division to enforce such laws.
VACCINE INJURY COMPENSATION TRUST FUND
The recommendation includes $19,000,000, as requested, as a re-
imbursement from the Vaccine Injury Compensation Trust Fund
for the costs of litigating cases under the National Childhood Vac-
cine Injury Act of 1986 (Public Law 99–660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommends $180,274,000 for salaries and ex-
penses of the Antitrust Division (ATR), $13,519,000 above fiscal
rfrederick on DSKBCBPHB2PROD with HEARING
year 2020 and $8,250,000 below the request. The recommended
funding level is offset by $150,000,000 in estimated fee collections
for a net direct appropriation of $30,274,000.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00070 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
71
High-speed internet access.—Because access to high-speed inter-
net service is essential for rural and urban areas to participate
fully in the digital economy, ATR shall investigate monopolistic
practices among cable companies and internet service providers, es-
pecially where such practices may involve making residential build-
out obligations a condition of a corporate merger; and include the
impact of such practices on (1) service availability; (2) service qual-
ity, including speeds; and (3) service price. ATR shall take action
necessary to further the promotion of free and fair competition in
this marketplace in all communities, including rural areas.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $2,347,177,000 for the Executive Of-
fice for United States Attorneys and the 94 United States Attor-
neys’ offices, which is $92,636,000 above fiscal year 2020 and
$31,241,000 below the request. The Committee has provided sepa-
rate funding recommendations by decision unit as follows:
$1,760,478,000 for criminal litigation; $559,094,000 for civil litiga-
tion; and $27,605,000 for legal education. This fully funds re-
quested increases to sustain operations at the fiscal year 2020
level. Within funding provided, the U.S. Attorneys are expected to
maintain efforts to investigate and prosecute crimes related to
elder justice, human trafficking, opioid trafficking, transnational
crime, and targeted violence. The recommendation also includes an
increase of $10,000,000 for additional expenses relating to the en-
forcement of section 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12601), criminal enforcement
under sections 241 and 242 of title 18, United States Code, and ad-
ministrative enforcement by the Department, including compliance
with consent decrees or judgments entered into under such section
210401.
Immigration enforcement data.—The Committee directs DOJ to
continue to submit quarterly reports, by U.S. Attorney district, on
defendants who are charged with violations of 8 U.S.C. 1325 and
8 U.S.C. 1326 (improper entry or illegal reentry). In addition, the
Committee recommends that Federal prosecutors and public de-
fenders document those cases in which a defendant states that they
are migrating to rejoin children residing in the United States, and
that DOJ aggregate such data and publish it monthly.
Credible Fear.—The April 11, 2017 Attorney General memo-
randum to Federal prosecutors entitled ‘‘Renewed Commitment to
Criminal Immigration Enforcement’’ directed every District to des-
ignate a ‘‘Border Security Coordinator’’. The Committee directs the
Department to report to the Committee, not later than 90 days
after enactment of this Act, and quarterly thereafter, on the imple-
mentation of that memorandum. In particular, the report should
identify, for each District, the designated Border Security Coordi-
nator, and the number of Federal criminal prosecutions made pur-
suant to the memorandum. The data should indicate whether de-
fendants expressed a fear of return to his or her country of origin.
Human trafficking.—The recommendation continues bill lan-
rfrederick on DSKBCBPHB2PROD with HEARING
guage requiring that each U.S. Attorney participate in human traf-
ficking task forces, and DOJ shall continue to submit semiannual
reports on the performance of these task forces.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00071 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
72
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $232,361,000 for the United States
Trustee Program, which is $5,132,000 above the fiscal year 2020
appropriation and $2,103,000 below the request.
Compliance with bonus restrictions.—The Committee believes
policymakers would benefit from more precise information on the
incidence and magnitude of bonuses paid by companies in chapter
11 bankruptcy. The Committee therefore directs the Government
Accountability Office (GAO) to study this topic and submit a report
not later than October 1, 2021. The report should identify selected
debtor companies under Chapter 11 Bankruptcy proceedings dur-
ing fiscal year 2020 that requested or were granted permission to
pay bonuses to insiders or employees during such bankruptcy case.
For each such company, the report shall include what the company
paid or is seeking to pay for such bonuses, and, where available,
the number of employees and insiders who received or will receive
such bonuses (excluding sales commissions). The report shall also
include an analysis of bankruptcy statutes that allow bonuses in
bankruptcy and potential policy solutions to prevent such bonuses.
For purposes of this report, the term ‘‘bonus’’’ means: a transfer to,
or obligation incurred for the benefit of, an individual employed by
the debtor or insider of the debtor as compensation for services in
an amount that (A) is in addition to the existing wages, salary, or
base compensation of an insider of the debtor or individual em-
ployed by the debtor; (B) can be construed as a form of retention,
incentive, or reward related to the services provided to the debtor
by the insider or the individual employed by the debtor, and (C) ex-
cludes sales commissions. In addition, for the purposes of this re-
port, the term ‘‘insider’’ refers to the definition set forth in 11
U.S.C. § 101(31). The United States Trustee shall use all available
legal authority to obtain and share relevant information with the
GAO to prepare this report.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,366,000 for the Foreign Claims
Settlement Commission, which is equal to the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000, which is the same
amount as fiscal year 2020, for fees and expenses of witnesses who
appear on behalf of the Government in cases in which the United
States is a party. This appropriation is considered mandatory for
scorekeeping purposes.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $20,300,000 for the Community Re-
lations Service (CRS), and rejects the proposal to abolish and reas-
sign its mission and responsibilities to the Civil Rights Division.
The recommendation includes not less than $1,500,000, as author-
rfrederick on DSKBCBPHB2PROD with HEARING
ized, to implement Public Law 114–325, the Emmett Till Unsolved
Civil Rights Crimes Reauthorization Act. The recommendation also
includes $3,300,000 for additional conflict resolution efforts, as au-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00072 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
73
thorized in section 116(2) of H.R. 7120, the George Floyd Justice
in Policing Act, as passed by the House of Representatives on June
25, 2020.
CRS has a unique role to play in the Justice Department. While
not a law enforcement agency, CRS operates in all U.S. States and
territories to advance justice and reconciliation by working with all
parties, including State and local government units, private and
public organizations, civil rights groups, and community leaders, to
uncover the underlying interests of all involved in conflicts. It fa-
cilitates the development of mutual understanding in communities
challenged by tension and conflict and helps them develop local ca-
pacity and tools to defuse tension and prevent hate crimes from re-
occurring.
ASSETS FORFEITURE FUND
The Committee recommends $20,514,000 for expenses authorized
by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28,
United States Code. This amount is the same as the fiscal year
2020 amount and the budget request.
Section 528 of this Act requires the Department to submit a
spending plan for fiscal year 2021. The Committee directs the De-
partment to include in this plan proposed spending from the Fund,
to include estimates of: Fund balances; equitable sharing pay-
ments; Joint Law Enforcement Operations obligations; and obliga-
tions by component.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
The Committee recommends $1,484,184,000 for the salaries and
expenses of the United States Marshals Service (USMS), which is
$54,184,000 above fiscal year 2020 and $128,889,000 below the re-
quest. The recommendation sustains current services for activities
and initiatives funded in fiscal year 2020. Within funding provided,
the Committee expects USMS to sustain efforts in fugitive appre-
hension, judicial protection, fugitive task forces, extradition sup-
port, countering violent crime, and continued enforcement of laws
relating to international travel of sex offenders, including through
the Angel Watch Center.
The Committee has provided separate funding recommendations
by decision unit as follows:
Judicial and Courthouse Security ..................................................... $501,325,000
Fugitive Apprehension ....................................................................... $586,563,000
Prisoner Security and Transportation .............................................. $264,200,000
Protection of Witnesses ...................................................................... $64,062,000
Tactical Operations ............................................................................ $68,034,000
Total, Salaries and Expenses ..................................................... $1,484,184,000
CONSTRUCTION
The Committee recommends $15,000,000, which is the same
amount as fiscal year 2020 and the request, for construction and
rfrederick on DSKBCBPHB2PROD with HEARING
related expenses in space controlled, occupied, or used by USMS for
prisoner holding and related support. The Committee expects
USMS to apply this funding to its top priority projects.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00073 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
74
FEDERAL PRISONER DETENTION
The Committee recommends $1,867,461,000 for Federal Prisoner
Detention, which is the same as the fiscal year 2020 appropriation
and $179,148,000 below the request.
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $114,387,000 for the National Secu-
rity Division (NSD), which is $4,837,000 above fiscal year 2020 and
$2,614,000 below the request. This amount will sustain NSD oper-
ations at no less than the fiscal year 2020 level to address its na-
tional security and counterterrorism workload, including its respon-
sibilities under the Foreign Intelligence Surveillance Act and the
Foreign Agents Registration Act (FARA). Within funding provided,
the Committee encourages NSD to enhance its efforts in foreign in-
vestment review, counterintelligence and export control, and victim
support, as well as intelligence collection, oversight, insider threat
prevention, and activities to counter and prevent domestic ter-
rorism.
Counsel for Domestic Terrorism.—The growing threat of domestic
terrorism, particularly homegrown violent and racist extremism,
justifies a commensurate response by the Department. The Com-
mittee encourages DOJ to consider elevating the position of Coun-
sel for Domestic Terrorism to the rank of Deputy Assistant Attor-
ney General, with sufficient staff and resources to meet rising in-
vestigative and prosecution workload.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $565,000,000 for Interagency Crime
and Drug Enforcement, which is $14,542,000 above fiscal year 2020
and $20,145,000 below the request. Funds included under this
heading will support interagency Organized Crime Drug Enforce-
ment Task Forces (OCDETF), which target high-level drug traf-
ficking organizations through coordinated, multi-jurisdictional in-
vestigations. This funding level will sustain operations at no less
than the fiscal year 2020 level.
Decision unit subtotals.—The recommendation includes
$388,470,000 for investigations and $176,530,000 for prosecutions.
The Committee expects OCDETF to continue to enhance its inves-
tigative, intelligence, and prosecutorial efforts through OCDETF-
led activities, including the OCDETF Fusion Center, OCDETF Co-
located Strike Forces and the International Organized Crime Intel-
ligence and Operations Center, and direct collaboration with State
and local law enforcement, United States Attorneys’ offices and the
Criminal Division. The Committee expects OCDETF to focus addi-
tional resources on targeting opioid trafficking organizations.
rfrederick on DSKBCBPHB2PROD with HEARING
Full-Time Equivalents (FTE).—The Committee directs the De-
partment to submit an updated report on historical investigative
and prosecutorial FTE levels for OCDETF concurrent with its fiscal
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00074 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
75
year 2022 budget request as specified in the fiscal year 2020 Ap-
propriations Act.
Northern triangle transnational criminal organizations (TCOs).—
The Committee is concerned by reports of TCO targeting of legiti-
mate businesses along drug trafficking routes across the Northern
Triangle countries, particularly in Guatemala. Destabilizing legiti-
mate businesses increases dependence on TCOs for security and fi-
nancial support, and reduces the economic opportunity and safety
that deter migration. The Committee encourages OCDETF, in co-
ordination with DEA and other Federal and international partners,
to address this troubling pattern of activity, and to brief Congress
regarding those efforts within 90 days of enactment of this Act.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
The Committee recommends $9,703,348,000 for the salaries and
expenses of the Federal Bureau of Investigation (FBI), which is
$235,446,000 above fiscal year 2020 and $45,481,000 below the re-
quest. The recommendation includes funding to sustain all pro-
grams carried out in fiscal year 2020, to include efforts to boost the
capacity and speed of the National Instant Criminal Background
Check System (NICS), and continues $5,000,000 in funding as au-
thorized to implement the Emmett Till Civil Rights Act. It also in-
cludes an increase of $5,000,000 for the Corruption/Civil Rights
Section for additional expenses relating to the enforcement of sec-
tion 210401 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12601), criminal enforcement under sections 241
and 242 of title 18, United States Code, and administrative enforce-
ment by the Department, including compliance with consent de-
crees or judgments entered into under such section 210401. The
recommendation does not reflect an unspecified reduction of
$148,053,000 in ‘‘other adjustments’’’’, and the Committee directs
the Department to eschew such budget gimmicks in its future re-
quests. Within funding provided, the Committee encourages the
FBI to enhance its efforts to combat foreign threats, maintain oper-
ations of the National Threat Operations Center, and development
of counter-unmanned aerial systems (C UAS). The Committee also
urges the FBI to sustain its cyber effort; its efforts to combat crime
and corruption, including human trafficking; and national security
responsibilities such as the Terrorist Screening Center. The Com-
mittee also encourages the FBI to sustain its efforts to investigate
fraud, white-collar, and hate crimes, and build on its successes in
human trafficking investigations. In a post-COVID–19 environ-
ment, it is essential that the FBI allocate its resources, agents and
staff based on the unique threats and workload of each field office
to meet the highest FBI priorities.
The Committee has provided separate funding recommendations
by decision unit as follows:
Intelligence ............................................................................................. $1,824,480,000
Counterintelligence and National Security ......................................... $3,927,183,000
Criminal Enterprise and Federal Crimes ............................................ $3,365,594,000
rfrederick on DSKBCBPHB2PROD with HEARING
Criminal Justice Services ...................................................................... $586,091,000
Total, Salaries and Expenses ........................................................ $9,703,348,000
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00075 Fmt 6659 Sfmt 6611 E:\HR\OC\HR455.XXX HR455
76
Hate Crimes Statistics Act (HCSA).—The Committee continues to
urge State, local, and tribal law enforcement agencies to include
the cost of participation in the FBI’s HCSA program for the pur-
poses of calculating extraordinary expenses associated with the in-
vestigation and prosecution of hate crimes under Public Law 111–
84, section 4704(b)(3).
Racial extremist recruitment.—The Committee is aware that a re-
cent Military Times poll shows that more than one in three U.S.
members reported witnessing examples of white nationalism
among their fellow troops, a significant increase over the 2019 poll.
The Committee reminds the FBI of its direction in House Report
116–101, as required pursuant to Public Law 116–63, to update its
2008 report, ‘‘White Supremacist Recruitment of Military Personnel
since 9/11’’ and directs that this be completed not later than June
1, 2021.
Domestic White Supremacist Terrorist Activity.—The Committee
is aware that most FBI domestic-terrorism investigations in the
past year were linked to white supremacy. The Committee supports
FBI’s recent elevation of racially-motivated violent extremism to a
national threat priority. However, the Committee is concerned that
recent reorganization and classification actions may have reduced
the quality of data on such attacks, such as their frequency and
scale, with the result being less useful data on which to base Com-
mittee resource decisions. The Committee directs the FBI to report,
not later than 180 days after enactment of this Act, on the number
of incidents in fiscal years 2016 through 2020 that required surveil-
lance, investigation, and prosecution of white supremacist activity
or racially motivated violent extremism associated with white su-
premacist ideology, and include, if available, incidents in which the
FBI deferred to State or local authorities.
Universal Crime Report.—The Committee expects the FBI to sub-
mit as soon as possible the report directed in the fiscal year 2020
Appropriations Act on the feasibility of collecting non-fatal fire-
arms-related incidents as part of the Universal Crime Report
(UCR), with an estimate of resources needed to accomplish this
goal.
Integrated medical support for tactical operations.—The Com-
mittee continues to support the FBI‘s use of external partnerships
in the Operational Medicine Program to support medical contin-
gency planning and improve the delivery of medical care for high-
risk law enforcement missions, and recommends continued work
and investment to achieve full engagement with proven medical
partners.
Gun violence data sharing.—The Committee expects DOJ to sub-
mit expeditiously the cross-agency report on gun violence data as
required by the fiscal year 2020 Appropriations Act.
Cyber stalking.—The Committee is deeply disappointed that DOJ
and the FBI have not yet submitted the report on their actions to
address cyber-stalking and threat crimes as required by the fiscal
year 2018 Appropriations Act, and directs DOJ to submit this re-
port without delay.
Elder fraud.—The Committee is concerned about the sharp rise
rfrederick on DSKBCBPHB2PROD with HEARING
in fraud perpetrated against senior citizens who are wrongly
brought under guardianship or have their assets mismanaged or
stolen. The Committee is aware that the FBI participates in the
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00076 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
77
Elder Fraud Initiative and Transnational Elder Fraud Strike
Force, along with DOJ components and other agency partners, and
urges increased energy be put into these efforts, including enforce-
ment of the Elder Abuse Prevention and Prosecution Act of 2017
(EAPPA), to provide detailed reporting on its progress in reducing
such fraud as part of the annual report to Congress pursuant to
EAPPA, and to develop and implement a guardianship fraud hot-
line, to include requesting necessary funding and staffing for such
efforts in its fiscal year 2022 budget request.
Data on crime in the U.S. territories.—The Committee has seri-
ous concerns about the limited and inconsistent availability of data
regarding crime in the U.S. territories. The Committee notes that
while the FBI’s annual Crime in the United States report includes
statistics from the several States, the District of Columbia, and
Puerto Rico, it lacks data from American Samoa, Guam, the North-
ern Mariana Islands, and the U.S. Virgin Islands. The Committee
understands that such information, which is provided on a vol-
untary basis, has not been consistently submitted or updated so
that its information can be reflected in all UCR data collection
products, including charts, maps, and other publications in the
interactive Crime Data Explorer tool, or in the FBI’s Preliminary
Semiannual Uniform Crime Report. As the Summary Reporting
System (SRS) will transition to the National Incident-Based Re-
porting System (NIBRS) by January, 2021, the Committee urges
the FBI to continue to work with law enforcement agencies in the
five U.S. territories to provide training, technical assistance, and
NIBRS subject matter expertise to ensure it can collect and publish
crime statistics from these jurisdictions, and directs the FBI to re-
port to the Committee not later than 180 days after the date of en-
actment on the progress in achieving this goal.
Internet investigations.—The FBI and its partners investigate
massive Internet-based child exploitation and human trafficking fo-
rums, which requires robust information sharing and technical
tools to acquire evidence from the Darknet and other forums for
prosecution. The Committee directs FBI to consider novel partner-
ship and contracting strategies, along with its 21st Century train-
ing and technology initiatives, to acquire, develop, and implement
advanced technical solutions to more rapidly exploit digital evi-
dence and intelligence related to investigations targeting human
trafficking and child exploitation efforts, both domestic and inter-
national.
IED Program.—The Committee encourages the FBI to consider
developing a Research and Prototyping for IED Defeat training pro-
gram for State and local law enforcement, based on its own efforts
to establish defeat technologies, develop diagnostics, conduct funda-
mental science research and engineering, address remote capabili-
ties and emerging threats, and develop render safe procedures. The
Committee also encourages the FBI’s Critical Incident Response
Group to explore incorporating such a curriculum into its render
safe training at the Hazardous Devices School, enabling standard-
ized and consistent training to the entire civilian, domestic bomb
squad community.
rfrederick on DSKBCBPHB2PROD with HEARING
Gunshot detection.—The Committee notes the need for accurate,
timely and dependable technology to record actual shots fired in an
incident, to communicate that information to police dispatchers,
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00077 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
78
and to initiate body camera recording in such incidents. The Com-
mittee requests that the FBI evaluate such technology and report
to the Committee, not later than 180 days after enactment of this
Act, with an assessment of its potential value for Federal, State
and local law enforcement, including any possible FBI role in shar-
ing or supporting such technology, policy considerations, and rec-
ommendations for potential deployment.
Unmanned aerial systems (UAS) threat.—The Committee is con-
cerned about the public safety threat posed by unauthorized drone
operations, whether errant or malicious, and the corresponding
need for UAS detection and mitigation solutions. The Committee
encourages the FBI to consider procurement approaches that will
facilitate rapid fielding of proven, cost-effective counter-UAS tech-
nologies, and to continue to update the Committee on its imple-
mentation of counter-UAS measures.
Human trafficking investigations.—The FBI is expected to sus-
tain its investigations of human trafficking; its related intelligence
collection, analysis, and information sharing; and work with human
trafficking victims.
Skilled workforce recruitment.—Nearly every major FBI inves-
tigation has a foreign language component, and it has a continuing
requirement for qualified linguists, and foreign language and cul-
ture training. The Committee encourages the FBI and other compo-
nents to prioritize the hiring of a workforce with the critical lan-
guage skills and scientific and technical expertise to succeed in
counterterrorism, cyber defense, counterintelligence, and criminal
investigative missions against terrorists and foreign actors.
White supremacist infiltration in law enforcement.—The Com-
mittee has read excerpts of the 2006 assessment entitled, ‘‘White
Supremacist Infiltration of Law Enforcement’’, and directs the FBI
to provide an update to the Committee on its assessment of white
supremacist infiltration in law enforcement, including actions that
DOJ and the FBI have taken to address concerns regarding white
supremacist presence in law enforcement since the 2006 assess-
ment.
CONSTRUCTION
The Committee recommends $51,895,000, which is the same as
the request, for the construction of FBI facilities and related activi-
ties. Funding in this account will facilitate and expedite work on
current design and construction projects at Quantico, as requested,
and address necessary secure work environment (SWE) building
and modifications.
The recommendation does not include a requested rescission of
construction funding balances that were previously appropriated
for headquarters consolidation and construction. The Committee re-
mains greatly concerned about the risks and continuing costs asso-
ciated with operating in the current, unsatisfactory headquarters.
The Department is urged to answer longstanding concerns that
have been raised by the Committee, and to submit a formal pro-
rfrederick on DSKBCBPHB2PROD with HEARING
spectus to be reviewed and approved by the appropriate committees
of Congress.
VerDate Sep 11 2014 09:45 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00078 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
79
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,791,869,000 for Drug Enforcement Administration (DEA) sala-
ries and expenses, of which $460,499,000 is derived from fees de-
posited in the Diversion Control Fund, and $2,331,370,000 is pro-
vided by direct appropriation. The recommended appropriation is
$62,670,000 above fiscal year 2020 and $67,435,000 below the re-
quest.
The funding sustains activities at the fiscal year 2020 level.
Within funding provided, the Committee encourages DEA to sus-
tain its lawful access program efforts, combat transnational crimi-
nal organizations, and sustain its cyber/digital evidence activities.
The Committee has provided separate funding recommendations by
decision unit for salaries and expenses as follows:
International Enforcement .................................................................... $464,363,000
Domestic Enforcement ........................................................................... 1,853,247,000
State and Local Assistance ................................................................... 13,760,000
Total, Salaries and Expenses ........................................................ 2,331,370,000
Diversion control.—The recommendation includes $460,499,000
for the regulatory and enforcement activities of DEA’s Diversion
Control Program. The Diversion Control Program is funded by fee
collections.
Methamphetamine and fentanyl cleanup.—The funding rec-
ommendation includes $10,000,000 to assist State, local, and tribal
law enforcement agencies in efforts to remove and dispose of haz-
ardous materials at methamphetamine and fentanyl labs and proc-
essing operations, to include training, technical assistance, pur-
chase of equipment and a container program.
Telemedicine.—The Committee continues to place a priority on
reducing the crisis of prescription drug abuse and recognizes that
some controlled substances, such as those employed in medication-
assisted treatment, can be a critical part of treatment and should
be available as clinically appropriate. The Committee requests that
DEA complete its statutory requirement, pursuant to Section 3232
of Public Law 115–271, to promulgate regulations clarifying the
limited circumstances in which Special Registration for Telemedi-
cine may occur under the Ryan Haight Act.
Controlled substances ordering system (CSOS).—The Committee
is aware of DEA efforts to replace the outdated electronic trans-
mission of controlled substance orders through what is known as
the Controlled Substances Ordering System (CSOS). The Com-
mittee is aware that with the number of transactions between
pharmacies and distributors exceeding 800,000 per year, the de-
sign, architecture, integration, and implementation of a state-of-
the-art system will be necessary and encourages DEA to use fund-
ing from the Diversion Control Fund for this purpose.
Drug Disposal and Takeback Programs.—The Committee con-
tinues to encourage DEA to consider in-home drug deactivation and
rfrederick on DSKBCBPHB2PROD with HEARING
disposal solutions that meet the agency’s regulatory definition of
non-retrievable, and evaluate their effectiveness, particularly in
areas with high rates of opioid misuse or abuse, rural areas, areas
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00079 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
80
with high populations of individuals with limited mobility, and
areas that lack permanent disposal sites.
Destruction of unwanted controlled substances.—The Committee
continues to encourage DEA to meet with commercial hazardous
waste management industry members to discuss non-incineration
disposal methods that meet DEA’s non-retrievable standard, as
well as safety measures for the transport of controlled substances
for disposal, including secure tamper-proof evidence packages or se-
curity tape sealed drums.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
The Committee recommends $1,550,000,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and Explo-
sives (ATF), which is $150,000,000 above fiscal year 2020 and
$87,574,000 below the request. Bill language is included to prohibit
the transfer of ATF‘s current enforcement authorities, and within
the funds provided, the recommendation supports no less than the
fiscal year 2020 level of effort towards tobacco-related enforcement.
The recommendation fully funds the requested investments to-
ward reducing violent crime and promoting public safety. These en-
hancements will allow for increased hiring to add personnel to
ATF’s nationwide investigative capacity and the Crime Gun Intel-
ligence Centers, expand its National Integrated Ballistic Informa-
tion Network (NIBIN) National Correlation and Training Center
capabilities, and support additional Industry Operations Investiga-
tors to improve ATF’s oversight of Federal Firearms Licensees.
Further, the recommendation includes $53,322,000 in critical oper-
ations support requirements which have not been properly met due
to the increased cost of training and equipping ATF’s workforce.
This investment will allow ATF to ensure the hiring and retention
of its workforce. Since fiscal year 2001, the cost of hiring, training,
and equipping a special agent has nearly doubled. The Committee
expects ATF to be transparent about such increases in training and
equipping the workforce in future congressional budget justification
materials so the Committee is fully aware of the impact on
annualized costs.
National Integrated Ballistic Information Network (NIBIN).—The
Committee is encouraged by the promise of improved crime gun in-
telligence and information sharing, and expects funding provided in
this bill will aid in interdicting crime guns and preventing gun
trafficking through the NIBIN. The Committee continues to sup-
port efforts to expand the use of NIBIN and to ensure all law en-
forcement agencies have access to NIBIN’s correlation services and
appreciates the investments being made by state and local partners
to collect and share ballistics evidence across geographically sepa-
rated law enforcement jurisdictions, and encourages ATF to con-
tinue to build on these investments. The Committee supports ef-
forts to include both cartridge casings and bullets in the NIBIN
program and encourages the Department to promote NIBIN as a
rfrederick on DSKBCBPHB2PROD with HEARING
critical forensic science tool and to identify opportunities to build
partnerships with criminal justice training programs. Finally, the
Committee encourages ATF to continue establishing a NIBIN pres-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00080 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
81
ence on the Southwest border and looks forward to receiving the
update on its efforts as described in House Report 115–704.
Illegal firearms.—The Committee is aware that firearms enter
the illegal market through a limited number of channels, such as
straw purchasers, corrupt firearms licensees, unlicensed sellers,
and firearms theft. Law enforcement needs transparent data about
these channels in order to develop the most effective enforcement
strategies to reduce firearms trafficking. The last time ATF pro-
vided a report describing the channels of firearms trafficking was
in the year 2000. Since that time, the National Tracing Center has
collected over five million traces of crime guns. Despite explicit au-
thorization to release ‘‘statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse, felons, and
trafficking investigations,’’ since 2008 ATF has only released statis-
tical aggregate data regarding the geographical location where
crime guns were first sold at retail. Within one year of the date of
enactment of this Act, ATF is directed to release a new report pro-
viding updated statistical aggregate data regarding trafficking
channels and trafficking investigations within the confines of exist-
ing law.
Training and research.—The Committee supports the work of the
National Center for Explosives Training and Research regarding
both investigating criminal acts related to explosives, bombings,
and explosives threats, and training involving State and local lev-
els of government, and military units.
Firearms tracing.—The Committee is concerned about the high
number of incorrect submissions by law enforcement agencies to
ATF for firearms tracing. The Committee urges ATF to increase
trace submission training for law enforcement agencies to include
online training.
Ghost guns.—The Committee is concerned about the emergence
of ghost guns—firearms made from parts without serial numbers
or background checks—as a weapon of choice for violent criminals
or those who would normally be prohibited from purchasing a fire-
arm. The Committee believes the building blocks for these ghost
guns should be regulated under Federal law and urges ATF to
amend the definition of firearm frame or receiver as described
under 27 C.F.R. § 478.11 to ensure existing and future designs are
appropriately regulated. The Committee further directs ATF to pro-
vide all available data on the rate that Federal authorities encoun-
ter ghost guns, and recommendations on how to improve data col-
lection.
EForms Filing System.—In order to further the goals of short-
ening processing times, reducing submission errors, and increasing
efficiency, the Committee directs ATF to report on the feasibility
and appropriateness of allowing third-party processors to effec-
tively interact with ATF’s eForms electronic filing system. Such re-
port shall include an analysis of the feasibility of establishing
methods by which: (1) third-party processors may access the sys-
tem’s application programming interface (API); (2) both transferors
and transferees can certify forms through the provided interface;
rfrederick on DSKBCBPHB2PROD with HEARING
and (3) forms submitted through the interface are treated as equal
to, and processed in sequence with and in comparable time to,
forms not submitted through the interface. The Committee encour-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00081 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
82
ages ATF to engage with stakeholders in the course of examining
the feasibility of establishing such system modifications.
CONSTRUCTION
The Committee recommends $5,000,000, for the requirements
and design of a new, consolidated laboratory facility. The Com-
mittee recognizes that the current lease at the Walnut Creek lab-
oratory will expire at the end of fiscal year 2023 as opposed to Oc-
tober 31, 2021 as originally stated in the supporting narrative to
ATF’s congressional budget justification.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $7,770,000,000 for salaries and ex-
penses of the Bureau of Prisons (BOP), which is $300,000,000
above fiscal year 2020 and $158,874,000 above the request. The
Committee recommendation includes funding of not less than
$165,000,000 to sustain implementation of Public Law 115–391,
the First Step Act of 2018 (FSA), to continue to expand and develop
opportunities for incarcerated individuals to participate in evi-
dence-based, recidivism-reducing programming and productive ac-
tivities. The recommendation sustains all BOP operations at no
less than fiscal year 2020 levels to enable BOP to make progress
in hiring and training personnel, improve staffing to inmate ratios,
and reduce overcrowding. It does not reflect the $388,772,000 in
unspecified ‘‘administrative savings’’ reduction proposed in the
budget, and the Committee directs DOJ to eschew such budget
gimmicks in its future requests.
The recommendation includes not less than $60,400,000 re-
quested for medically assisted treatment (MAT) and reentry pro-
grams to support FSA efforts; not less than $10,000,000 for inspec-
tions related to improvement of aging electrical and utility systems
and not less than $14,600,000 for FSA-related residential reentry
center (RRC) capacity. It also includes not less than $26,000,000 as
requested for cellphone detection technology, unmanned air system
(UAS) threat countermeasures, and essential information tech-
nology modernization.
The Committee has provided separate funding recommendations
by decision unit as follows:
Inmate Care and Programs .................................................................. $2,972,226,000
Institution Security and Administration ............................................. 3,527,435,000
Management and Administration ........................................................ 292,708,000
Contract Confinement ........................................................................... 977,631,000
Total, Salaries and Expenses ........................................................ 7,770,000,000
Augmentation or Reassignment.—Overcrowding remains a seri-
ous threat to Correctional Officer safety, particularly at medium-
and high-security facilities. To meet staffing needs, BOP routinely
relies on the practice of augmentation or reassignment, whereby a
rfrederick on DSKBCBPHB2PROD with HEARING
non-custody correctional employee is assigned custody responsibil-
ities. The Committee directs BOP to continue to hire more full-time
Correctional Officers until such augmentation or reassignment is
VerDate Sep 11 2014 09:45 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00082 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
83
no longer needed, and to improve staffing beyond mission-critical
levels in custody and all other departments.
Inmate-to-officer ratios.—The Committee directs BOP to continue
to submit quarterly reports on the inmate-to-correctional officer
ratio at each facility, using the OPM definition of a corrections offi-
cer, broken out by security level and shift, including confirmation
that at least two correctional officers are on duty for each shift at
BOP facilities that house high security inmates, as specified in the
fiscal year 2020 Appropriations Act. In addition, BOP is directed to
develop and submit to the Committee a report, not later than 180
days after enactment of this Act, that (1) includes a cost estimate
and strategic plan for implementing this standard for United
States Penitentiaries, Administrative and Federal Detention Cen-
ters, and Witness Security Program (WITSEC) units that house
high security inmates, but do not have a second officer on all three
shifts as part of their mission critical roster; (2) reflects the cost to
add officers, rather than simply reassign them; and (3) identifies
all Housing Units that currently house high security inmates with-
in the general population. This report shall be broken down by in-
stitution, State, and region.
Pay disparities.—The Committee recognizes BOP needs to keep
its skilled employees but is aware of the financial cost associated
with hiring, training, and retaining them. Therefore, the Com-
mittee directs DOJ to study the pay disparities between BOP em-
ployees and their counterparts in other agencies and report its
findings to the Committee, not later than 90 days after enactment
of this Act, including recommendations on how to retain employees.
Direct hire authority.—The Committee is aware that BOP has re-
quested the Office of Personnel and Management (OPM) to dele-
gate direct hire authority to BOP facilities. To ensure the safety of
staff and inmates, the Committee encourages BOP to continue to
work with OPM to provide direct hire authority for BOP facilities
in which ten percent or more of the total available positions are va-
cant, prioritizing facilities with the largest number of vacancies.
Communicable Diseases and Prisons.—The Committee recognizes
the incarcerated population faces significantly higher risks of ac-
quiring a communicable disease, as demonstrated during the cur-
rent COVID 19 pandemic. BOP policy requires that Federally man-
aged and contract prison protocols include an assessment of inmate
immunizations and the provision of basic medical care, including
hepatitis B and C testing and treatment, as well as preventive
health services such as immunizations. However, the DOJ Office of
Inspector General (OIG) reported in 2016 that some BOP facilities,
in particular contract prisons, were not complying with this policy.
The Committee understands that the pandemic has imposed un-
foreseen burdens in administering inmate immunizations and
wants to better understand how BOP is dealing with such chal-
lenges. The Committee directs the Department to report not later
than 270 days after enactment of the Act on the progress, across
both Federal and contract prisons, of efforts to achieve compliance
with the protocols since the 2016 OIG report. The report should
identify gaps in services and barriers to provision of immunization
rfrederick on DSKBCBPHB2PROD with HEARING
services; identify potential collaborations with health organizations
to address identified disparities; and recommend ways to close
them. Further, the Director of BOP is urged to develop guidelines
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00083 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
84
that include a comprehensive testing protocol, and precautionary
measures with respect to sanitation and hygiene, including fre-
quent cleaning and ready availability of soap and tissues.
Medical service.—The Committee is aware of concerns about un-
even levels of medical service provided in its system, particularly
for inmates who may have language disadvantages or be tempo-
rarily in BOP custody and thus have limited ability to convey con-
cerns about such service. BOP is directed to submit a report to the
Committee not later than June 1, 2021, on medical services pro-
vided in fiscal year 2020, by facility, that includes the following in-
formation: (1) the ratio of medical providers (doctors, nurses, and
paramedics) to inmates; (2) qualifications of such medical pro-
viders; (3) the process by which inmates may file complaints, and
the number and type of complaints filed; and (4) actions taken by
BOP in response to complaints.
Animal-assisted Therapy Classes for Incarcerated Women.—The
Committee is concerned that with 70 percent of incarcerated
women in the United States responsible for a minor child, disrup-
tion to the mother-child bond when mothers are incarcerated places
both populations at high risk for mental health problems and inter-
generational incarceration. The Committee is also concerned that
incarcerated women traditionally and persistently lack access to re-
habilitation and reintegration support. However, the Committee is
encouraged by the success of innovative parenting programs that
incorporate animal-assisted therapy to help incarcerated mothers
process trauma-based feelings, reduce anxiety, depression, and
stress, while increasing parenting knowledge, and provide a sup-
portive environment for their children during reunification efforts
in a custodial setting. The Committee encourages DOJ to support
animal-assisted therapy parenting programs, as part of existing
BOP parenting classes.
Mental wellness.—The Committee recognizes the importance of
mental health and wellness for correctional officers and directs
BOP to report to the Committee, not later than 90 days after enact-
ment of this Act, on its efforts to provide mental health services for
staff currently and in the future.
Medically Assisted Treatment.—The Committee encourages the
Bureau of Prisons to make abstinence-based relapse prevention
treatment options available to inmates with a history of opioid de-
pendence.
Religious freedom in prisons.—The Committee is aware the mis-
sion of the Religious Services Branch of BOP is to ensure the Con-
stitutional religious rights of incarcerated individuals, but is con-
cerned accommodation of the religious needs of such individuals,
particularly in State, county, and local facilities, is inconsistent and
insufficient. The Committee directs DOJ to publicize best practices
on accommodating religious needs, including but not limited to
prayer services, devotional items, and religious holiday observance
and dietary restrictions; ensure BOP employees are trained on
them, and review no fewer than 25 BOP facilities every three years
on their compliance with the guidelines; and encourage States,
counties, and localities to adopt such standards.
rfrederick on DSKBCBPHB2PROD with HEARING
Recidivism reduction.—The Committee encourages DOJ to ex-
plore programs that reduce offender recidivism and end repeated
cycles of violence and abuse by teaching skills for reducing stress,
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00084 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
85
processing past trauma, and providing practical knowledge of how
to cope with negative emotions. The Committee further encourages
DOJ to explore rehabilitation methods such as mindfulness and
meditation which encourage incarcerated individuals to live to
one’s highest potential and contribute to society.
Educational programs.—The Committee supports DOJ’s coordi-
nation and collaboration with Historically Black Colleges and Uni-
versities to provide educational programs for recently released and
soon to be released criminal offenders to assist them in obtaining
skills that will help them successfully transition back into their
communities and reduce recidivism rates.
Contraband interdiction.—The Committee urges BOP to explore
ways to reduce the amount of contraband that enters its facilities
without restricting inmate rights to receive postal mail or interfere
with delivery of verifiable legal mail, to include pilot projects to en-
able facilities to receive pre-screened postal mail and packages,
such as via secure offsite facilities, to eliminate contraband risk
while ensuring continuing, prompt delivery of communications with
loved ones and legal counsel. Such solutions should optimize secu-
rity while minimizing any additional cost or infrastructure for mail
processing.
Contraband cellphones.—The Committee remains concerned
about the rising use of contraband cellular phones and devices in
facilities administered by BOP or under contract with them. Such
devices facilitate criminal activity and threaten the safety of correc-
tional officers and staff, other inmates, and the public, to include
being used by inmates to carry out financial scams and sextortion
of innocent citizens. It is essential that incarcerated individuals are
denied access to the networks and spectrum that enable such illicit
activity. The recommendation includes funding requested to inter-
dict illicit cell phone use and directs BOP to act on the rec-
ommendations of its fiscal year 2016 report to Congress, to include,
as appropriate, managed access or other technology, to thwart ille-
gal inmate telecommunications while not interfering with legiti-
mate spectrum use.
Land Mobile Radio.—The Committee considers Land Mobile
Radio (LMR) communications and video security equipment used
by BOP to be critical to officer and inmate safety and security at
BOP facilities. In an environment where other alternative forms of
communication and security measures cannot be employed, LMR
and video security continue to be the only safe and secure methods
for BOP facilities and personnel. The Committee is concerned that
the age of 74 of the 100 LMR systems and more than 19,000 port-
able and mobile radios currently in use is causing them to become
increasingly unreliable and difficult to maintain due to limited
parts availability and serviceability. Therefore, the Committee
urges BOP, within funding provided, to invest in necessary radio
and video security upgrades. The Committee also urges BOP to
build into its future year budget requests funding to refresh LMR
radios and video security systems in facilities where aging commu-
nications infrastructure and equipment pose a threat to officer
safety.
rfrederick on DSKBCBPHB2PROD with HEARING
Facility lockdowns report.—The Committee is concerned with re-
ports that during the March 2020 lockdown at the Metropolitan
Correctional Center (MCC) in New York, NY, detainees experi-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
86
enced interrupted access to counsel and their families during a pro-
longed safety lockdown. The Committee directs DOJ to conduct a
study, and report its findings not later than September 30, 2021,
on protocols followed by facilities operated by BOP and those hous-
ing BOP detainees in private contracted facilities, including those
on a contractual agreement basis with other Federal agencies. The
report should identify what conditions would warrant a lockdown
longer than 72 hours; whether lockdowns lasting longer than 72
hours would constitute a violation of the Federal right, as defined
in section 3626, under Subchapter C of chapter 229 of Part II of
title 18, United States Code; and specify any conditions or factors,
in combination with such lockdown, that may violate such Federal
right.
In addition, the report shall include: (1) the number of facilities
that experienced a facility lockdown longer than 72 hours in fiscal
year 2021, and for each lockdown instance, provide a detailed ex-
planation, including documented justifications for the lockdown, ac-
commodations provided to meet inmate medical, dietary and hy-
giene needs and any arrangements to facilitate access to legal
counsel; (2) BOP protocols used to resolve such lockdowns, with
timeline targets (e.g., 72 hours), and descriptions of any cir-
cumstances when BOP staff determined such protocols could not be
followed; and (3) a review of BOP contingency plans to ensure de-
tainee access to counsel or family in lockdowns that exceed 72
hours, including data on the number of facilities and detainees, in
fiscal year 2021, whose access was restricted in such cir-
cumstances, and identifying best practices to ensure that timely
communication can be maintained.
Employee firearms.—The Lieutenant Osvaldo Albarati Correc-
tional Officer Self-Protection Act of 2018 (Section 202 of the First
Step Act (Public Law 115 391)) requires that each Federal penal
or correctional institution provide a secure storage area located out-
side of the secure perimeter of the institution for employees to
store firearms or allow employees to store firearms in a vehicle
lockbox. The Committee recognizes the importance of this provision
in ensuring BOP employee safety, and directs the BOP Director to
provide the storage facilities required under the Act not later than
the end of fiscal year 2021; to submit to the Committee an imple-
mentation plan for this by no later than 90 days after enactment
of this Act; and to provide quarterly progress reports until comple-
tion.
Home Confinement.—The Committee recognizes the constraints
BOP is under when operating prison facilities during the pandemic.
The Committee acknowledges the parameters for home confine-
ment have been outlined by the First Step Act, the CARES Act,
and by memos issued by the Attorney General. The Committee is
concerned about the total low percentage of inmates released, par-
ticularly at facilities with high numbers of positive cases. There-
fore, the Committee urges BOP to brief the Committee within 30
days of the date of enactment of this Act on the status of efforts
to increase home confinement as a response during the pandemic.
BUILDINGS AND FACILITIES
rfrederick on DSKBCBPHB2PROD with HEARING
The Committee recommends $110,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison and
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00086 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
87
detention facilities housing Federal inmates. This amount is
$198,000,000 below fiscal year 2020, and $10,547,000 above the re-
quest.
Modernization and repair.—The Committee expects the Bureau
to apply the funding to reduce its longstanding maintenance and
repair (M&R) backlog, and directs BOP to prioritize its funding for
repairs that address life and safety issues, and facilities assessed
as having deficiencies of a geological and seismic nature. BOP shall
continue to provide monthly status of construction reports and no-
tify the Committee of any changes reflected in those reports. The
Committee directs BOP to develop a schedule and timeline for re-
pairs of facilities with geological and seismic deficiencies, and in-
clude updates in the monthly M&R reports.
Detention facility infrastructure.—The Committee reminds the
Department that it expects to receive the report on detention facil-
ity infrastructure not later than October 1, 2020, as required by the
fiscal year 2020 Appropriations Act. It is expected that the report
will reflect lessons learned from managing the BOP mission during
the COVID–19 pandemic, and in making its facilities safer for both
inmates and BOP personnel.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
The Committee recommends a limitation on administrative ex-
penses of $2,700,000 for Federal Prison Industries, Incorporated,
which is the same as fiscal year 2020.
STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
Within the overall amounts provided for grant programs of the
Department of Justice, the Committee recommends $343,000,000
for Community Oriented Policing Services, equal to fiscal year
2020, and $525,000,000 for Byrne Justice Assistance Grants,
$22,210,000 below fiscal year 2020. The Committee notes that
funds for these programs are subject to new conditions contained
in sections 219, 221, and 222 of this Act.
The Committee has included a significant funding increase for
overall Department of Justice grants, with a particular aim toward
ensuring strong increases for programs authorized by H.R. 7210,
the George Floyd Justice in Policing Act, as passed by the House
of Representatives on June 25, 2020.
State and Local Law Enforcement Training Grants.—The Com-
mittee is concerned regarding the apparent distance between state
and local law enforcement agencies and the communities in which
they serve and protect. Too often a show of strength supersedes
service and a projection of power precludes protection. The goal of
law enforcement is to ensure that life, liberty, and the pursuit of
happiness is available to everyone in the United States without
fear of being targeted or mistreated. While the Committee ap-
plauds agencies that have succeeded in implementing effective po-
licing strategies and developing healthy and trusting relationships
within communities, those agencies that have not must improve
rfrederick on DSKBCBPHB2PROD with HEARING
their policing practices immediately. To that end, the recommenda-
tion provides $50,000,000 within the Byrne Memorial Justice As-
sistance Grants Program for training for State and local law en-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00087 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
88
forcement officers on racial profiling, implicit bias, de-escalation,
use of force, the duty to intervene when witnessing other officers
using excessive force, and procedural justice. The Committee urges
the Department to place the highest priority on applications from
grantees who can demonstrate quantitative results from evidence-
based training programs that will address these areas of concern.
The Committee further notes that many immigrant communities
have particular challenges in ensuring effective community polic-
ing, including language barriers, recruitment issues, and trust
issues involving views of immigration enforcement. Therefore, the
Committee urges the Department to ensure that grants funded
under this program also help address the unique challenges of po-
licing in immigrant communities.
Police Training and Accreditation.—The Committee directs the
Department to assist small jurisdictions and small law enforcement
agencies as they work through the application process related to
grants for police training and police accreditation.
Community-based Organization Grants.—The Committee pro-
vides $25,000,000 for grants to community-based organizations, as
authorized by subsections (b) and (c) of section 114 of H.R. 7120 as
passed by the House of Representatives on June 25, 2020, to study
and implement: (1) effective management, training, recruiting, hir-
ing, and oversight standards and programs to promote effective
community and problem solving strategies for law enforcement
agencies; or (2) effective strategies and solutions to public safety,
including strategies that do not rely on Federal and local law en-
forcement agency responses. The studies shall address standards
relating to administrative due process, residency requirements,
compensation and benefits, use of force, racial profiling, early
warning systems, juvenile justice, school safety, civilian review
boards or analogous procedures, or research into the effectiveness
of existing programs, projects, or other activities designed to ad-
dress misconduct by law enforcement officers.
Police Accountability and Community Engagement.—The Com-
mittee urges the Department to make funds available to help non-
profit organizations, institutions of higher education, community
groups, youth groups, and faith-based organizations facilitate orga-
nized dialogues that bring together community members and law
enforcement officers so that they may collaborate to develop shared
goals that will enhance the collective safety of the community. The
dialogues should include diverse groups of community members,
local elected officials, law enforcement leaders and officers, busi-
ness leaders, and community members, including youth groups, to
assess the state of police-community relations in states and local
communities. The Department is further urged to partner with
these organizations to develop strategies that will result in concrete
action items that will improve the relationships between the police
and the communities and further the goal of enhancing collective
safety. Within 180 days of enactment of this Act, the Department
shall submit a progress report to the Committee on the results of
the dialogues as well as on any law enforcement practices that
have changed as a result of the dialogues.
rfrederick on DSKBCBPHB2PROD with HEARING
Law Enforcement Management.—The Committee provides
$25,000,000 to develop pilot programs and implement effective
standards and programs in the areas of training, hiring and re-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00088 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
89
cruitment, and oversight that are designed to improve management
and address misconduct by law enforcement officers. The pilot pro-
gram shall be consistent with the requirements as described in sec-
tion 114(d) of H.R. 7120 as passed by the House of Representatives
on June 25, 2020, including: (1) training on law enforcement poli-
cies, practices, and procedures addressing training and instruction
to comply with cited accreditation standards; (2) policies, proce-
dures, and practices for recruitment, hiring, retention, and pro-
motion of diverse law enforcement officers; (3) oversight/complaint
procedures, including the establishment of civilian review boards or
analogous procedures; (4) juvenile justice and school safety, includ-
ing standards relating to interaction and communication with juve-
niles, physical contact, use of lethal and nonlethal force, notifica-
tion of a parent or guardian, interviews and questioning, custodial
interrogation, audio and video recording, conditions of custody, al-
ternatives to arrest, referral to child protection agencies, and re-
moval from school grounds or campus; and (5) victim services, in-
cluding psychological counseling, for individuals and communities
impacted by law enforcement misconduct.
Stops and Searches Data Collection.—The Committee provides
$5,000,000 for up to five competitive demonstration grants to State
and local law enforcement agencies to develop and implement data
collection programs on hit rates for stops and searches by law en-
forcement officers, consistent with subsections (a) and (b) of section
333 of H.R. 7120 as passed by the House of Representatives on
June 25, 2020. An additional $500,000 is provided to the Bureau
of Justice Statistics to collect and analyze the data submitted to
the Department under this program by State and local law enforce-
ment agencies.
STOP School Violence Act.—The recommendation provides
$140,000,000 for the STOP School Violence Act grant program.
Within this amount, $87,000,000 is provided to the Bureau of Jus-
tice Assistance (BJA) for evidence-based school safety programs
outlined in the Act and $53,000,000 is provided to the Community
Oriented Policing Service (COPS) program. The Committee directs
the offices to work with other federal agencies to notify states, lo-
calities, tribes, and school districts of funding availability upon re-
lease, increase training and technical assistance for school district
applicants, and provide microgrants for school districts, including
rural, tribal, and low-resourced schools.
Through the STOP School Violence Act program, school districts
should use funds for security hardening measures; evidence-based
school threat assessments and trainings for school personnel and
students to identify threats of school violence; locks, lighting, bal-
listic glass and other deterrent measures; safety and security of
school premises by utilizing design elements and principles; and
technology for expedited notification of local law enforcement dur-
ing an emergency and other measures determined to provide sig-
nificant improvement in physical security of schools.
The Committee recognizes the vital role of school design in the
development and achievement of evidence-based strategies and pro-
grams related to school facility safety and security. Through the
rfrederick on DSKBCBPHB2PROD with HEARING
STOP School Violence Act grant program, school districts should
consider using funds to compose school building design plans that
strengthen the safety and security of school premises and uphold
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00089 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
90
the aesthetics of the school premises as a learning and teaching en-
vironment. The Committee clarifies that architecture and design
services related to safe school design are allowable uses of STOP
School Violence Act grant funding.
Office for Victims of Crime (OVC).—The Crime Victims Fund is
not financed by taxpayer dollars but by fines and penalties paid by
criminals. By statute, the Fund is dedicated solely to supporting
victim services. The Committee recognizes the importance of these
grants and the essential life-saving services provided to victims
within State, local and tribal jurisdictions including domestic vio-
lence shelters, rape crisis centers, and child abuse treatment pro-
grams. The Committee encourages the Department to continue to
fund these programs. The Committee directs OVC to provide an
updated report to the Committee, not later than 90 days after the
enactment of this Act, on the actions it is taking to ensure Crime
Victims Fund resources are reaching communities most affected by
violence.
The Committee notes that funding from the Crime Victims Fund,
under 34 U.S.C. 20103, may be used by the Department to fund the
salaries of personnel who provide services to victims of crime, to
the extent that such personnel provide such services. The Com-
mittee encourages the Department to offer such support.
National Hotlines.—The Committee directs OJP to prioritize
funding to support the operation of national crisis support hotlines
that provide direct services to victims of crime including, but not
limited to, victims of domestic violence, sexual violence, and iden-
tity theft. This funding is intended to support growth of existing
services and should not be contingent on the creation of new tech-
nologies.
Child Sexual Abuse.—The Committee recognizes that child sex-
ual abuse was already rampant before the COVID–19 pandemic;
since the onset of the public health emergency, however, the risk
of abuse in the home and online is increasing significantly. There-
fore, the Committee supports a comprehensive approach to address-
ing child sexual abuse that combines victim-centered trauma-in-
formed intervention care for children and child sexual abuse pre-
vention education programs that provide tools for children, families
and communities to combat and prevent child sexual abuse, with
research into the prevalence and impact of child sex abuse, includ-
ing its impact in communities of color. The Committee also encour-
ages the Department to prioritize child-focused grant programs
that serve children and youth who have experienced complex trau-
ma from child sexual abuse.
Violence Intervention Programs.—Within funds provided, the
Committee encourages the Department to support the establish-
ment of innovative demonstration grants to hospitals to address
the cyclical nature of violence in the community, consistent with
the Office’s Vision 21 transformation of victim’s services.
Opioids.—The Committee directs the Department, unless other-
wise specified, to dedicate no less than the fiscal year 2020 levels
of opioid-related funding for opioid activities in non-Opioid Initia-
tive programs.
rfrederick on DSKBCBPHB2PROD with HEARING
Persistent Poverty.—The Committee is concerned about access to
DOJ grant funding in high-poverty areas and persistent-poverty
counties. For purposes of this Act, the term ‘‘high-poverty area’’
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00090 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
91
means any census tract with a poverty rate of at least 20 percent
as measured by the 2014–2018 5-year data series available from
the American Community Survey of the Census Bureau and the
term ‘‘persistent-poverty counties’’’ means any county that has had
20 percent or more of its population living in poverty over the past
30 years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates.
When scoring competitive grant applications, the Department is di-
rected to add additional priority, where practicable, to applications
from grantees who can demonstrate that the individuals who will
benefit from such grants reside in high-poverty areas or persistent-
poverty counties. In addition, the Department shall provide guid-
ance to such prospective grantees, especially prior to their applica-
tion submissions, including to help determine whether they qualify
for additional priority.
In addition, the Committee directs the Department to submit a
report to the Committee on the percentage of funds allocated by
each program in fiscal years 2018, 2019, and 2020 and estimates
for fiscal year 2021 to serve populations living in persistent poverty
counties and high-poverty areas. The Department is directed to re-
port this information to the Committee within 90 days of such data
being available. The Committee looks forward to the briefing di-
rected in House Report 116–101 and further directs the Depart-
ment to provide a briefing to the Committee not later than 180
days after enactment of this Act on how the Department is car-
rying out this directive.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $525,000,000 for the Office on Vio-
lence Against Women (OVW), which is $22,500,000 above fiscal
year 2020. Funds are to be distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(In thousands of dollars)
Program Amount
STOP Grants ......................................................................................................................................................... $223,000
Transitional Housing Assistance .......................................................................................................................... 39,000
Research and Evaluation on Violence Against Women ....................................................................................... 3,500
Consolidated Youth-Oriented Program ................................................................................................................. 12,000
Grants to Encourage Arrest Policies .................................................................................................................... 53,000
Homicide Reduction Initiative .............................................................................................................................. (4,000)
Sexual Assault Victims Services .......................................................................................................................... 42,500
Rural Domestic Violence and Child Abuse Enforcement ..................................................................................... 45,000
Violence on College Campuses ............................................................................................................................ 21,000
Civil Legal Assistance .......................................................................................................................................... 47,500
Elder Abuse Grant Program ................................................................................................................................. 6,000
Family Civil Justice .............................................................................................................................................. 17,500
Education and Training for Disabled Female Victims ......................................................................................... 6,000
National Resource Center on Workplace Responses ................................................................. 1,000
rfrederick on DSKBCBPHB2PROD with HEARING
Research on Violence Against Indian Women ..................................................................................................... 1,000
Indian Country—Sexual Assault Clearinghouse .................................................................................................. 500
Tribal Special Domestic Violence Criminal Jurisdiction ...................................................................................... 4,300
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00091 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
92
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS—Continued
(In thousands of dollars)
Program Amount
Rape Survivor Child Custody Act ......................................................................................................................... 2,200
Total, Violence Against Women Prevention and Prosecution Programs ..................................................... $525,000
Human trafficking.—The Committee encourages OVW to ensure
that the Transitional Housing Program can assist victims of human
trafficking, and the Committee urges DOJ to take these victims
into consideration when distributing OVW funds.
Rural victims.—The Committee is concerned about the rise in the
number of sexual assaults in rural communities. Victims of sexual
assault living in rural communities are often reluctant to report to
law enforcement for fear of being exposed. The Committee encour-
ages the OVW to implement projects that reduce barriers to the re-
porting of crime in rural areas, colonias, and persistent poverty
counties and report to the Committee not later than 90 days after
enactment of this Act. Such report shall include a description of the
progress made since delivery of the report on the same topic as re-
quired in House Report 116–101.
Grant administration.—The Committee supports OVW plans to
streamline grant administration, management, and oversight func-
tions by converting manual processes and related forms to a web-
based, online workflow process.
Community-Based Organizations.—The Committee is concerned
about the complex, multi-layered challenges and obstacles that vic-
tims face when attempting to access services. The Committee di-
rects OVW to prioritize applications from grantees who are commu-
nity-based organizations providing culturally specific services. The
Committee further directs the Department to submit a report to
the Committee on the number of community-based organizations
allocated funds in fiscal years 2018, 2019, and 2020 and estimates
for fiscal year 2021. The Department shall report this information
to the Committee within 90 days after enactment of this Act.
OFFICE OF JUSTICE PROGRAMS
RESEARCH, EVALUATION AND STATISTICS
The Committee recommends $88,500,000 for Research, Evalua-
tion and Statistics, which is $9,500,000 above fiscal year 2020 and
$2,000,000 above the request. Funds are distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(In thousands of dollars)
Program Amount
Bureau of Justice Statistics ................................................................................................................................. $45,000
National Institute of Justice ................................................................................................................................. 43,500
Domestic Radicalization Research ....................................................................................................................... (6,000)
Research of School Safety ................................................................................................................................... (1,500)
National Study of Law Enforcement Responses to Sex Trafficking of Minors .................................................... (1,500)
rfrederick on DSKBCBPHB2PROD with HEARING
Nation Center on Forensics .................................................................................................................................. (3,000)
Total, Research, Evaluation and Statistics ................................................................................................ $88,500
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00092 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
93
Study of Best Practices in De-Escalation and Excessive Force.—
The Committee directs the National Institute of Justice to conduct
a study to identify evidence-based procedures, practices, trainings,
and policies that reduce the use of excessive force by law enforce-
ment as well as support the effective use of de-escalation training
to resolve confrontations peacefully. The Committee directs the De-
partment to submit the findings of its report to Congress and to the
public within 180 days of enactment of this Act.
Law Enforcement Study Addressing Delayed Responses to Ques-
tions.—As part of the Committee’s concerns about the account-
ability of law enforcement, the Committee directs the National In-
stitute of Justice (NIJ) to conduct a nationwide study of the preva-
lence and effect of any law, rule, or procedure that allows a law en-
forcement officer to delay the response to questions posed by a local
internal affairs officer, or review board on the investigative integ-
rity and prosecution of law enforcement misconduct, including pre-
interview warnings and termination policies, consistent with re-
quirements as described in section 115 of H.R. 7120 as passed by
the House of Representatives on June 25, 2020. Not later than 180
days after the date of the enactment of this Act, the Department
shall: (1) submit to the Committee a report containing the results
of the initial analysis conducted under subsection (a)(2) of such sec-
tion 115; (2) make the report submitted under subparagraph (A)
available to the public; and (3) identify the jurisdictions for which
the study described in subsection (a)(1) of such section 115 is to be
conducted. In addition, not later than 2 years after the date of the
enactment of this Act, the Department shall submit to the Com-
mittee a report containing the results of the data collected under
this section and publish the report in the Federal Register.
Evaluation of Data on Stops and Searches.—Within the funds
provided in this account, $500,000 is included for analysis and
evaluation of the data collected under the program, funded in this
bill under Byrne JAG, for competitive demonstration grants to
State and local law enforcement agencies to develop and implement
data collection programs on hit rates for stops and searches by law
enforcement officers, consistent with section 333 of H.R. 7120 as
passed by the House of Representatives on June 25, 2020.
Community Policing Practices, and Accountability Measures Be-
tween Agencies.—The Committee recognizes the importance of ac-
countability measures inbuilding and maintaining relationships be-
tween law enforcement and the communities they serve. The Com-
mittee directs the Department to study and report on the dif-
ferences in use-of-force, distribution of consent decrees, community
policing practices, and accountability measures between agencies
that have appointed heads and agencies that have elected heads.
Reducing Racial and Ethnic Disparities in the Criminal Justice
System.—Within the funding provided for Research, Evaluation
and Statistics, $1,000,000 is for DOJ to enter into an agreement
with the National Academies of Sciences, Engineering, and Medi-
cine to provide an evidence-based, nonpartisan analysis of existing
evidence to determine how observed racial and ethnic inequalities
in the justice system might be reduced through public policy. The
rfrederick on DSKBCBPHB2PROD with HEARING
study should be informed by an understanding of the patterns,
interrelationships among, causes and consequences of the race and
ethnic distribution of crime and justice, and perceptions of criminal
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00093 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
94
justice in the United States. The study should identify which poli-
cies or approaches for reducing racial differences in crime and jus-
tice have suggestive evidence of effectiveness or appear promising
but require further study, as well as which areas of research and
policy should scholars and practitioners explore to broaden the na-
tion’s options to address racial and ethnic inequalities in the justice
system.
Pretrial detention.—The Committee directs the Bureau of Justice
Statistics (BJS) to collect information analyzing the population of
individuals detained pretrial in local jails, State and Federal facili-
ties, and private facilities under contract to Federal, State, and
local authorities and report back to the Committee annually with
the first report due not later than 180 days after the date of enact-
ment of this Act. The report should include the number of individ-
uals detained pretrial; the median duration of the pretrial deten-
tion period; the number of individuals detained pretrial who were
offered financial release or not offered financial release; and the
number of individuals who were offered financial release but re-
mained detained because they could not pay the amount required.
All data should be disaggregated by demographic and the level of
the offense charged.
Misdemeanors.—The Committee is concerned with the lack of re-
liable data from States and local jurisdictions on the processing of
misdemeanor arrests. As the largest aspect of our criminal system,
it is vitally important to ensure justice is being administered in a
fair and equitable manner. In recognition of limited resources, the
Committee therefore urges the BJS to collect demographic data
from a select number of large metropolitan jurisdictions that in-
cludes information on the race, ethnicity, and gender, as well as
key socioeconomic factors, of each misdemeanor defendant, the type
of offense charged, and the sentence imposed. The Committee also
urges the Bureau to report to the Committee on the progress of
these efforts, not later than 180 days after enactment of this Act.
Human Trafficking Research.—The Committee acknowledges the
difficulty in estimating the prevalence of human trafficking, and
the corresponding difficulty in gauging the effectiveness of the
criminal justice system’s response to the problem. Research can
play an invaluable role in understanding prevalence and effective-
ness through improved data collection and analysis. The Com-
mittee encourages the NIJ to continue funding research into
human trafficking.
BJS Data.—The Committee recognizes the importance of the
timely release of data on crime, criminal offenders, victims of
crime, and the operation of justice systems at all levels of govern-
ment. These data are critical for policymakers and researchers to
understand in combating crime and advancing equality in the jus-
tice system. The Committee directs the Bureau of Justice Statistics
to release data in a timely manner and in accordance with its pub-
lication calendar. The Committee also directs that BJS commu-
nicate any changes in the timing of data releases as soon as pos-
sible to users of its data. The Committee further directs that BJS
rfrederick on DSKBCBPHB2PROD with HEARING
report to the Committee, not later than 60 days of the date of en-
actment of this Act, on its recent record of data releases and rea-
sons for any delays.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00094 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
95
Incarcerated AAPI Data.—The Committee is concerned that the
Bureau of Justice Statistics data collection and reporting does not
sufficiently reflect the incarcerated Asian American and Pacific Is-
lander (AAPI) population. AAPIs are officially categorized as ‘‘oth-
ers’’’ in the Bureau’s publicly available reports. The Committee di-
rects BJS to update its categories of race and ethnicity for data col-
lection and recommends the use of OMB Standards for Collecting
and Presenting Federal Data on Race and Ethnicity.
Prison Suicide Incidence Report.—Not later than 180 days after
the enactment of this Act, and annually thereafter, the Department
shall submit to the Committee a report detailing a comprehensive
statistical review and analysis of the incidence of prison suicide.
The statistical review and analysis should include, but not be lim-
ited to, the identification of the common characteristics of victims
of prison suicide and prisons and prison systems with a high inci-
dence of prison suicide. BJS is also directed to included rec-
ommendations for possible mitigation report strategies and changes
to federal laws and regulations shall also be included.
Maternal Health of Incarcerated Women.—The Bureau of Justice
Statistics shall include in the National Prisoner Statistics Program
and Annual Survey of Jails statistics relating to the health needs
of incarcerated pregnant women in the criminal justice system, in-
cluding, but not limited to, the number of pregnant women in cus-
tody, outcomes of pregnancies, the provision of pregnancy care and
services, health status of pregnant women, and racial and ethnic
disparities in maternal health, at the Federal, State, tribal, and
local levels. The Committee directs BJS to provide a publicly-acces-
sible report, not later than 180 days after enactment of this Act,
which summarizes this data.
White Supremacist Domestic Radicalization Research.—The Com-
mittee acknowledges the growing recognition that white national-
ists spent decades building online communities with people and
groups overseas to develop sophisticated operations and receive
material support from their foreign allies. In addition, these groups
are infiltrating local and state law enforcement agencies, including
seeking to recruit members from within them, and pose a deep and
continuing threat to our country’s national security by disrupting
ongoing investigations of white extremist organizations and rou-
tinely harassing Black, Latino, and other minority communities. To
respond to this elevated threat, the Committee provides an in-
crease of $1,000,000 over Fiscal Year 2020 funding for Domestic
Radicalization Research and directs NIJ to prioritize this increase
toward research efforts that explore the radicalization of Americans
to white nationalist extremism and identify and advance evidence-
based strategies for effective intervention and prevention.
The Department is encouraged to use funds for academic institu-
tions to conduct radicalization research to enable community-based
partnerships to evaluate the impact of existing countering violent
extremism (CVE) programs and to conduct more research on: (1)
the risk factors associated with violent extremism, and (2) assess-
ing the effectiveness of counter-narratives.
National Center on Forensics.—The Committee supports the Na-
rfrederick on DSKBCBPHB2PROD with HEARING
tional Center on Forensics, through which NIJ partners with a
State department of forensic science, an accredited university, and
a State district attorneys association for the purpose of providing
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00095 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
96
opportunities for medical students to train as deputy medical ex-
aminers/coroners in underserved rural areas; provides forensic
science and legal training to district attorneys, judges, and law en-
forcement; and benefits current and future practitioners in the
field.
Cybercrime.—The Committee remains concerned about the lack
of information on crimes committed against individuals and facili-
tated by the interstate telecommunications system and notes that
the fiscal year 2019 Appropriations Act required NIJ to issue a re-
port analyzing these crimes. The Committee is looking forward to
reviewing the report, directed in House Report 116–101, to ensure
the Committee has the information necessary to assess and deal
with these crimes.
Marijuana-Impaired Drivers.—With the proliferation of state
laws legalizing recreational and medical marijuana, the incidence
rate of impaired driving has spiked. The Committee encourages the
Department to assist states in identifying detection technologies
that show promise in identifying drivers impaired by marijuana.
Opioid research.—The Committee recognizes that in-depth exam-
ination of fatal opioid overdoses, including fatalities following prior
non-fatal overdoses, and trends in the evolution, trafficking, and
use of illegally manufactured opioid analogues, in combination with
existing illegal drugs, can yield valuable information for law en-
forcement, hospitals, treatment providers, and prosecutors as they
identify effective policy, interventions, and prevention strategies.
The Committee urges NIJ to support regional efforts to undertake
such comprehensive opioid fatality research.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $2,402,000,000 for State and Local
Law Enforcement Assistance programs, which is $510,200,000
above fiscal year 2020 and $890,800,000 above the request. Funds
are distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(In thousands of dollars)
Program Amount
Byrne Memorial Justice Assistance Grants .......................................................................................................... $525,000
Officer Robert Wilson III VALOR Initiative ................................................................................................... (12,500)
Smart Policing ............................................................................................................................................. (7,500)
Smart Prosecution ....................................................................................................................................... (8,500)
NamUS ......................................................................................................................................................... (2,400)
Training Program to improve Responses to People with Mental Illness ................................................... (3,000)
John R. Justice Grant Program ................................................................................................................... (3,000)
Prison Rape Prevention and Prosecution .................................................................................................... (15,500)
Kevin and Avonte’s Law .............................................................................................................................. (3,000)
Regional Law Enforcement Technology Initiative ....................................................................................... (3,000)
Project Safe Neighborhoods ........................................................................................................................ (20,000)
Drug Field Testing and Training Initiative ................................................................................................. (2,000)
Capital Litigation Improvement and Wrongful Conviction Review ............................................................. (6,500)
Managed Access Systems ........................................................................................................................... (3,000)
Collaborative Mental Health and Anti-Recidivism Initiative ...................................................................... (1,500)
Juvenile Indigent Defense ........................................................................................................................... (3,000)
rfrederick on DSKBCBPHB2PROD with HEARING
Community Based Violence Prevention ....................................................................................................... (9,000)
National Center for Restorative Justice ...................................................................................................... (3,500)
Family Friendly Visitation Spaces in Correctional Facilities ...................................................................... (2,000)
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00096 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
97
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE—Continued
(In thousands of dollars)
Program Amount
Public Safety Innovation Grants ................................................................................................................. (5,000)
Law Enforcement Training .......................................................................................................................... (50,000)
Grants to Improve Reporting on Use of Force ............................................................................................ (15,000)
Hit Rates Data Collection Demonstration Grants ....................................................................................... (5,000)
Police Reform in Jurisdictions Responding to Litigation ............................................................................ (7,200)
State Criminal Alien Assistance Program ............................................................................................................ 251,500
Victims of Trafficking Grants ............................................................................................................................... 95,000
Economic, High-tech, White Collar and Cybercrime Prevention .......................................................................... 14,500
Intellectual Property Enforcement Program ................................................................................................ (2,500)
Digital Investigation Education Program .................................................................................................... (2,000)
Adam Walsh Act Implementation ......................................................................................................................... 20,500
Patrick Leahy Bulletproof Vests Partnerships ...................................................................................................... 29,000
Transfer to NIST/OLES ................................................................................................................................. (1,500)
National Sex Offender Public Website ................................................................................................................. 1,000
National Instant Criminal Background Check Systems (NICS) Initiative ............................................................ 88,000
NICS Acts Record Improvement Program .................................................................................................... (25,000)
Paul Coverdell Forensic Science .......................................................................................................................... 30,500
DNA Initiative ....................................................................................................................................................... 142,000
Debbie Smith DNA Backlog Grants ............................................................................................................. (108,000)
State and Local Forensic ............................................................................................................................ (19,000)
Activities:
Kirk Bloodsworth Post-Conviction DNA Testing Grants .............................................................................. (9,000)
Sexual Assault Forensic Exam Program Grants .......................................................................................... (6,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) Backlog ................................................................. 49,000
CASA—Special Advocates .................................................................................................................................... 12,500
Indian Tribal Assistance ...................................................................................................................................... 39,500
Second Chance Act/Reoffender Reentry ............................................................................................................... 100,000
Smart Probation .......................................................................................................................................... (6,000)
Children of Incarcerated Parents Demo Grants .......................................................................................... (5,000)
Pay for Success ........................................................................................................................................... (7,500)
Pay for Success (Permanent Supportive Housing Model) ........................................................................... (5,000)
Project HOPE Opportunity Probation with Enforcement .............................................................................. (4,500)
Community Trust Initiative ................................................................................................................................... 77,500
Body Worn Camera Partnership Program ................................................................................................... (27,500)
Justice Reinvestment Initiative ................................................................................................................... (30,000)
Byrne Criminal Justice Innovation Program ................................................................................................ (20,000)
Opioid Initiative .................................................................................................................................................... 412,000
Drug Courts ................................................................................................................................................. (85,000)
Mentally Ill Offender Act ............................................................................................................................. (43,000)
Residential Substance Abuse Treatment .................................................................................................... (35,000)
Veterans Treatment Courts ......................................................................................................................... (30,000)
Prescription Drug Monitoring ...................................................................................................................... (31,000)
Comprehensive Opioid, Stimulant, and Substance Abuse Program ........................................................... (188,000)
Keep Young Athletes Safe Act of 2018 ............................................................................................................... 2,500
STOP School Violence Act ..................................................................................................................................... 87,000
Immigration Representation Pilot ........................................................................................................................ 15,000
Hate Crimes Prevention Act Grants ..................................................................................................................... 8,000
Emmett Till Grants ............................................................................................................................................... 2,000
Pattern and Practice Investigations .................................................................................................................... 100,000
Independent Investigation of Law Enforcement .................................................................................................. 250,000
Community-Based Improvement of Law Enforcement ......................................................................................... 25,000
Pilot Programs to Improve Management and Address Police Misconduct .......................................................... 25,000
Total, State and Local Law Enforcement Assistance ................................................................................. $2,402,000
Byrne Memorial Justice Assistance Grant (Byrne JAG) pro-
gram.—The recommendation includes $525,000,000 for the Byrne
JAG program Funding under this formula program is authorized
for law enforcement programs including those that promote data
rfrederick on DSKBCBPHB2PROD with HEARING
interoperability between disparate law enforcement entities; pros-
ecution and court programs; prevention and education programs;
corrections programs; drug treatment and enforcement programs;
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00097 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
98
planning, evaluation, and technology improvement programs; and
crime victim and witness programs, other than compensation.
Within the amount provided, $12,500,000 is for the Officer Robert
Wilson III Preventing Violence Against Law Enforcement and En-
suring Officer Resilience and Survivability (VALOR) Initiative;
$7,500,000 is for Smart Policing; $8,500,000 is for Smart Prosecu-
tion; $3,000,000 is for juvenile indigent defense; $2,400,000 is for
the National Missing and Unidentified Persons System (NamUS);
$3,000,000 is for law enforcement training related to mental ill-
ness; $3,000,000 is for the John R. Justice program; $20,000,000 is
for Project Safe Neighborhoods; $6,500,000 is for capital litigation
and wrongful conviction review; $15,500,000 is for prison rape pre-
vention and prosecution; $3,000,000 is for managed access systems;
$1,500,000 is for a collaborative mental health and anti-recidivism
initiative; $3,000,000 is for Kevin and Avonte’s Law; $3,000,000 is
for a regional law enforcement technology initiative; $2,000,000 is
for a drug field testing and training initiative; $9,000,000 is for
community-based violence prevention; $3,500,000 is for the Na-
tional Center for Restorative Justice; $2,000,000 is for family
friendly visitation spaces in correctional facilities; $50,000,000 is
for police training addressing use of force, de-escalation, racial
profiling, implicit bias, procedural justice, and duty to intervene;
$5,000,000 is for Public Safety Innovation Grants; $15,000,000 is
for technical assistance grants to law enforcement agencies, con-
sistent with the requirements as described in section 224 of H.R.
7120 as passed by the House of Representatives on June 25, 2020;
$5,000,000 is for competitive grants or contracts to law enforce-
ment agencies, consistent with the requirements as described in
subsections (a) and (b) of section 333 of H.R. 7120 as passed by the
House of Representatives on June 25, 2020; and $7,200,000 is for
grants to support State and local law enforcement agencies in com-
plying with law enforcement reform efforts as a result of litigation.
Uses of Byrne JAG.—The committee understands that Byrne
JAG funding is a major resource to state and local jurisdictions.
Use of this funding is broad and flexible to address community
needs and fill gaps within state and local criminal justice systems
such as strategic planning, research, testing, training, equipment,
technical assistance, prevention programs, innovation programs
and community partnerships. The Committee is aware that Com-
munities across our nation have called for reforms in state and
local law enforcement agencies. To support these much-needed re-
form efforts, the Committee directs the Department to work with
small jurisdictions that employ less than 100 officers as they apply
for training and accreditation grants. In addition, the Committee
expects the Department to prioritize Byrne JAG formula grants for
applicants requesting law enforcement training focused on address-
ing use of force, racial profiling, implicit bias, procedural justice,
and duty to intervene as detailed above, accreditation of law en-
forcement agencies, development of uniform standards, community-
based efforts that can help develop innovative law enforcement and
non-law enforcement strategies, and crisis intervention teams. The
Committee supports the use of Byrne JAG funding for grantees
rfrederick on DSKBCBPHB2PROD with HEARING
seeking to provide immersive, reality-based training programs that
utilize role-playing and live-action scenarios for law enforcement of-
ficers.
VerDate Sep 11 2014 09:45 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00098 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
99
The Committee urges the Department to work with community-
based organizations to identify and develop opportunities to train
law enforcement officers with respect to encounters with individ-
uals suffering from impaired mental health, homelessness, and ad-
diction; to identify areas where social workers may be able to sup-
port law enforcement agencies; and to provide guidance regarding
the development and implementation of co-responder programs,
which involve social workers or other mental health professionals
working alongside law enforcement officers so that they arrive and
address situations together.
Public Safety Innovation Grants.—The Committee provides
$5,000,000 within the Byrne JAG program for the development of
best practices for, and the creation of, local task forces on public
safety innovation. Such task forces shall be administrative entities,
created from partnerships between community-based organizations
and other local stakeholders, to explore and develop innovative law
enforcement and non-law enforcement strategies to enhance just
and equitable public safety, repair breaches of trust between law
enforcement agencies and the communities they pledge to serve,
and enhance accountability of law enforcement officers.
Consent Decrees and Other Litigation Related to Police Prac-
tices.—The Committee is aware of the Department of Justice’s Civil
Rights Division’s investigations into law enforcement agencies and
the resulting consent decrees. The Committee is also aware of the
benefits received by the local communities and their citizens after
a consent decree has been successfully enforced and the required
reforms implemented. As tensions between certain communities
and police departments have grown in recent years, the Committee
seeks to ensure that consent decrees and other litigation-related ef-
forts aimed at improving policing can be implemented successfully
and as such, the Committee strongly encourages the Department
of Justice to prioritize awards to such localities. These reform ef-
forts have become increasingly common, and many experts say they
are one of the best chances police departments have for taking on
the daunting task of reform to address police misconduct and im-
prove relations with a distrustful community. In order to ensure
that all reforms can be implemented, cities need funding to support
the kinds of training required and to buy needed equipment. The
Committee recommends $7,200,000 for the establishment of a new
grant program to provide funding to police departments for police
training, equipment, and other necessities to help comply with law
enforcement reform efforts as a result of litigation, including con-
sent decrees, out-of-court settlements, memoranda of under-
standing, findings, technical assistance, and recommendation let-
ters provided by reform authorities. Funding would cover the re-
source gap needed to fully implement such reform efforts and en-
able local governments to share the cost of implementing the de-
cree with the Federal Government.
The Committee encourages the Byrne JAG program to provide
additional resources to those communities that are taking part in
programs that seek to lower homicide rates through data and per-
formance measurement analysis. The Committee advises that some
rfrederick on DSKBCBPHB2PROD with HEARING
Byrne JAG funds be directed to provide newer, more efficient
forensics testing tools for rural jurisdictions. The Committee re-
quests additional consideration be given to applicants who seek to
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00099 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
100
hire service-connected disabled veterans. The Committee encour-
ages the Department to support the use of these grant funds for
the purchase of fentanyl detection equipment.
The Committee is concerned about the growing epidemic of pre-
scription drug and heroin abuse and its impact on law enforcement,
and notes that funds within this account may be used for the im-
plementation of medication-assisted treatment to help maintain ab-
stinence from all opioids and heroin.
Byrne Justice Assistance Grants have an important role to play
in preventing gun violence. The Committee encourages the use of
Byrne JAG program funding for evidence-based violence prevention
and intervention programs, including, but not limited to, interven-
tion focused deterrence, street outreach, hospital-based violence
intervention programs, and community inclusive violence problem
analyses. The Committee believes these types of programs will help
ensure efficient and effective spending of Federal, state, and local
dollars.
The Committee encourages the use of Byrne JAG program fund-
ing to provide additional resources to those states that are imple-
menting criminal record clearing processes, including sealing and
expungement. These initiatives are intended to help address collat-
eral consequences of a criminal record, such as barriers to both em-
ployment and housing. The Committee notes that successful re-
entry for individuals with a criminal history is predicated on the
ability to participate in society, such as maintaining employment
and securing quality housing.
The Committee supports the use of grant funding for the acquisi-
tion of operational management software to track mission critical
assets. Tracking and managing resources—including radio commu-
nications equipment, mobile technology, and protective equip-
ment—enables and improves local law enforcement preparedness
and operational planning. The Committee notes that Byrne JAG
funds may be used for these purposes and encourages the Depart-
ment to award funds for these purposes. The Committee is aware
of existing community partnerships with local law enforcement to
link video monitoring technology to reduce emergency response
time and increase collaboration between community partners and
law enforcement. The Committee notes that Byrne JAG funds may
be used for these purposes and encourages the Department to
award funds for these purposes. The Committee is aware of the
value to law enforcement of gunfire detection and location tech-
nology and recommends Byrne JAG funds be awarded for this pur-
pose.
Visitation of Incarcerated Parents.—The Committee recognizes
that preserving positive family connections can yield positive soci-
etal benefits in the form of reduced recidivism, less intergenera-
tional criminal justice system involvement, and promotion of
healthy child development. The Committee recognizes that the en-
vironment of prisons can be intimidating and detrimental to child
development. Therefore, the Committee provides $2,000,000 within
Byrne JAG for the Department to provide grants to States and lo-
calities for construction, renovation, or upgrades of child-friendly
rfrederick on DSKBCBPHB2PROD with HEARING
family visitation spaces in correctional facilities. Any construction
or buildout space should take into consideration the best interests
of child visitors. The Department should consult with the Bureau
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00100 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
101
of Prisons to ensure the facilities meet the criteria for best prac-
tices.
Sentencing Alternatives Programs for Parents.—The Committee
recognizes that incarcerating parents creates poor outcomes for
children, wherein the lack of parental support and supervision
have proven to result in increased crime and harm to communities,
particularly in the communities of color most affected by mass in-
carceration. Therefore, the Committee urges OJP to promote oppor-
tunities to support and strengthen parenting sentencing alternative
programs.
Byrne Justice Assistance Grant Funding for Police Patrols of At-
Risk Non-Profits.—The Committee directs the department to
prioritize grants for state and local law enforcement requesting to
increase patrols and deployments that bolster the security of at-
risk nonprofit organizations including synagogues, churches,
mosques, and other places of worship.
High Risk Vehicle Events.—The Committee notes that Byrne
JAG funding can be used for pursuit technology and training to re-
duce deaths and injuries during high-risk vehicle events. The Com-
mittee encourages the BJS to develop a data collection process to
accurately capture the number of deaths and injuries from police
pursuit and high-risk vehicle events.
STOP School Violence Act.—The recommendation provides
$140,000,000 for the STOP School Violence Act grant program.
Within this amount, $87,000,000 is provided to the Bureau of Jus-
tice Assistance (BJA) for evidence-based school safety programs
outlined in the Act and $53,000,000 is provided to the Community
Oriented Policing Service (COPS) program.
Hate Crime Grants.—The Committee is concerned by the rise in
hate crimes across the country, particularly the rise in crimes tar-
geting the Latino and LGBTQ communities, the persistence and
prominence of anti-Black attacks, and anti-Semitic attacks. The
Committee also understands that individuals or communities may
be targeted based on race, religion, sexual orientation, gender iden-
tity, disability, or gender, according to the Federal Bureau of Inves-
tigation’s Uniform Crime Reporting Program. The enactment of the
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
(Public Law 111–84) provided the Federal Government with more
tools and data to help states address and combat these bias-moti-
vated attacks. The recommendation provides no less than
$8,000,000 for grant opportunities authorized in section 4704 of
Public Law 111–84 to help states, localities, and tribal law enforce-
ment agencies to conduct educational outreach and training on
hate crimes and to investigate and prosecute hate crimes.
Emmett Till unsolved civil rights grants.—The recommendation
includes $2,000,000 in grants to state and local law enforcement
agencies for the expenses associated with the investigation and
prosecution of criminal offenses involving civil rights, as authorized
by the Emmett Till Unsolved Civil Rights Crimes Reauthorization
Act of 2016 (Public Law 114–325).
Immigration Representation Pilot.—The recommendation in-
cludes $15,000,000 for the OJP to establish a competitive grant
rfrederick on DSKBCBPHB2PROD with HEARING
pilot program for legal representation of immigrants who seek asy-
lum and other forms of legal protection in the United States after
entering at the southwest border. The Committee recognizes the
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00101 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
102
compelling need to ensure due process for the growing number of
immigrants who seek asylum and who must navigate a complex
legal system for processing of asylum claims. Legal representation,
which many asylum seekers do not currently have, will ensure that
the system works more efficiently, cases are processed more quick-
ly, and the legitimacy of asylum claims are correctly determined.
Grants, including subgrants, shall be made to nonprofit organiza-
tions that are qualified legal services providers. The Committee ex-
pects that the pilot program will support direct representation, in-
cluding pro bono representation where possible, of immigrants cur-
rently detained by ICE at one or two small or medium-sized deten-
tion facilities, immigrants released into the local communities
around those facilities, and immigrants released from those facili-
ties to one or two high-release cities. Grant awards should take
into consideration continuity of representation to help ensure indi-
viduals are represented until their cases are complete. Within 90
days of enactment of this Act, the OJP shall submit a report to the
Committee on the implementation of this program.
Officer Robert Wilson III Preventing Violence Against Law En-
forcement and Ensuring Officer Resilience and Survivability Pro-
gram (VALOR).—Within the amount provided for the Byrne JAG
program, $12,500,000 is set aside for VALOR, of which no less than
the fiscal year 2020 enacted level shall be obligated for active
shooter training. The Committee recognizes that the VALOR initia-
tive addresses increased violence directed at our law enforcement
officers and prepares officers to anticipate and survive violent en-
counters.
Victims of trafficking grants.—The recommendation includes in-
creased funding for human trafficking task force activities and for
services for victims. These funds may also be used to develop, ex-
pand, and strengthen assistance programs for child victims of sex
and labor trafficking. The Committee notes that the Justice for Vic-
tims of Trafficking Act established a Domestic Trafficking Victims
Fund, which will provide additional resources for these programs.
The Committee directs DOJ to support the victim-centered ap-
proach to recognizing and responding to human trafficking, espe-
cially across partnerships between Federal and local law enforce-
ment agencies and victim service providers. The Department shall
include a planned allocation of these funds in its spending plan.
The Committee encourages the Department to increase the number
of human trafficking task forces funded by this program.
Internet Safety Grants.—The Committee is concerned that exist-
ing Federal laws to prevent the Internet-enabled exploitation of
children have not been adequately enforced, leading to increased
harm to minors from obscenity, child pornography, predation, sex
trafficking, and cyberbullying. The Committee encourages the De-
partment to award grants under the Economic, High-tech, White
Collar and Cybercrime Prevention grant program for internet safe-
ty programs to educate adults and parents about the dangers chil-
dren face on the internet.
Restricting Online Obscenity.—The Committee is concerned that
the expansion of unrestricted Wi-Fi in Government, Educational,
rfrederick on DSKBCBPHB2PROD with HEARING
and Commercial facilities is creating unsafe public environments
due to the freely available access to online obscenity. The Com-
mittee encourages the Department to award Economic, High-tech,
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00102 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
103
White Collar and Cybercrime Prevention grants for programs that
encourage greater corporate, government, and institutional respon-
sibility for safer, more secure public Wi-Fi networks using readily
available technology solutions to filter illegal child abuse images
and obscene content.
Opioid abuse.—The recommendation includes $412,000,000 for
programs to reduce opioid abuse, as authorized by the Comprehen-
sive Addiction and Recovery Act of 2016 (CARA; Public Law 114–
198). Within this amount is $85,000,000 for drug courts;
$43,000,000 for the Mentally Ill Offender Act; $35,000,000 for Resi-
dential Substance Abuse Treatment (RSAT), $30,000,000 is for vet-
erans treatment courts; $31,000,000 for prescription drug moni-
toring; $188,000,000 for the Comprehensive Opioid Abuse Program
(COAP); and no less than amounts provided in fiscal year 2020 for
additional replication sites employing the Law Enforcement As-
sisted Diversion (LEAD) model, with applicants demonstrating a
plan for sustainability of LEAD-model diversion programs,
prioritizing sites with geographic barriers.
The Committee believes that communities must address opioid
abuse through comprehensive strategies that incorporate enhanced
enforcement, education and treatment. The Committee directs OJP
to work with the Drug Enforcement Administration, the Depart-
ment of Health and Human Services, and the NIJ to develop, and
help communities implement, best practices to address opioid
abuse.
The Committee encourages OJP to develop and apply metrics
that incentivize stronger linkages between the responsible agen-
cies, including but not limited to law enforcement, prosecutors,
community-based treatment centers, hospitals, medical examiners,
and public health departments. The Committee also encourages
OJP to prioritize comprehensive, real-time, regional information
collection, analysis, and dissemination.
The Committee supports the use of COAP funding to provide law
enforcement with overdose reversal drugs, such as naloxone.
The Committee believes it is essential to any comprehensive
opioid prevention strategy to include a vigorous program designed
to strengthen the ability of States and tribes to develop identifiable
and accessible take-back programs for unused controlled sub-
stances found in the home and used by hospitals and long-term
care facilities.
The Committee encourages the Department to administer drug
court grants with maximum flexibility in order to best accommo-
date the needs and available resources of eligible jurisdictions, in-
cluding rural jurisdictions.
The Committee is aware that there can be a correlation between
those suffering from mental health disturbances and repeat crimi-
nal offenders. Therefore, the Committee recommends that funds al-
located to the Mentally Ill Offender Act should prioritize the oper-
ational expenses for centers that aid those with severe mental
health needs who are at risk of recidivism. These mental health
centers can provide, but are not limited to, the following services:
crisis care, residential treatment, outpatient mental health and pri-
rfrederick on DSKBCBPHB2PROD with HEARING
mary care services, and community re-entry supports. The Com-
mittee recommends that funding levels for grants be commensurate
with demonstrated community needs.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00103 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
104
The Committee is concerned by the high rates of re-incarceration
among individuals with serious mental illness due to the inad-
equate management of their illness and encourages the Depart-
ment to include long-acting injectable anti-psychotic medications as
an allowable expense to improve treatment adherence and reduce
risk for relapse and re-incarceration.
Strategic Mobile and Response Teams (SMART).—The Com-
mittee encourages DOJ to investigate the opportunity to conduct
pilot programs to implement SMART at the Southwest Border. Bor-
der SMART Pilot programs should combine the use of officers and
technology, including ground sensors and drones. The pilot pro-
grams should have inter-agency partnership and multi-layered se-
curity efforts, including marine, air, and terrestrial components,
with the goal of increasing border security while reducing cost. The
Committee reiterates its interest in receiving the briefing as di-
rected in House Report 115–704, and the fiscal year 2020 Explana-
tory Statement, not later than 60 days after enactment of this Act.
Sexual assault kit backlog grants.—The recommendation includes
$49,000,000 for grants to address the sexual assault kit (SAK)
backlog. The Committee understands that efforts to test the back-
log of sexual assault kits in numerous jurisdictions have led to the
identification of thousands of perpetrators and new and significant
insights on the behavior of serial predators that will be useful in
future investigation and prevention activities. The Committee be-
lieves it is extremely important that the Department maximize the
results of investments in sexual assault kit testing through contin-
ued research to identify best practices for state, local, and tribal ju-
risdictions in handling the myriad issues that arise from perpe-
trator identification—such as victim notification, investigation,
prosecution, documentation, forensic advancements, inter-jurisdic-
tion sharing, and tracking. The Committee further believes it is
critically important to fund efforts to support cross-jurisdiction and
cross-site data sharing to identify and pursue repeat offenders op-
erating in multiple jurisdictions. Finally, the Committee believes
that further work to validate the extensive cost savings that result
from the prevention of future offenses as a result of SAK testing
is needed. The Committee directs the Department to support ef-
forts that advance these objectives.
Sex Offender Tracking.—The Committee understands that sex of-
fender management assistance grants can be used to purchase sex
offender tracking software, provided that the purchase directly con-
tributes to a jurisdiction’s overall Sex Offender Registration and
Notification Act (SORNA) implementation strategy or plan. The
Committee encourages the Department to raise awareness of this
eligible use and award up to $5,000,000 of the amounts made avail-
able for Adam Walsh Act Implementation for grants for this pur-
pose.
DNA Initiative.—The Committee continues its strong support for
DNA backlog and crime lab improvements by recommending
$142,000,000 to strengthen and improve Federal and State DNA
collection and analysis systems that can be used to accelerate the
prosecution of the guilty while simultaneously protecting the inno-
rfrederick on DSKBCBPHB2PROD with HEARING
cent from wrongful prosecution. Within funds provided,
$108,000,000 is for Debbie Smith DNA Backlog Reduction grants,
$9,000,000 is for Kirk Bloodsworth Post-Conviction DNA Testing
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00104 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
105
grants, and $6,000,000 is for Sexual Assault Forensic Exam Pro-
gram grants. The Committee expects that OJP will make funding
for DNA analysis and capacity enhancement a priority in order to
meet the purposes of the Debbie Smith DNA Backlog Grant Pro-
gram. The Committee directs the Department to submit to the
Committee, as part of the Department’s spending plan for State
and Local Law Enforcement Activities, a plan with respect to funds
appropriated for DNA-related and forensic programs, including the
alignment of appropriated funds with the authorized purposes of
the Debbie Smith DNA Backlog Grant Program.
Rapid DNA Initiative.—The Committee recognizes the growing
importance of Rapid DNA technology in federal, state, local and
tribal law enforcement operations. The Committee supports broad
deployment of Rapid DNA technology that meets FBI quality as-
surance standards to help local, state and federal law enforcement
agencies meet their mission requirements, improve the efficacy and
efficiency of investigations, and protect and bring justice to the in-
nocent. The Committee acknowledges that deployment of Rapid
DNA has been shown to be a critical law enforcement tool for com-
batting human trafficking, suppressing gang activity, supporting
drug interdiction and counter-drug activities, and disrupting
transnational criminal organization activities. It has also helped
improve disaster response and victim identification. The Committee
has repeatedly expressed concern with the nationwide backlog of
sexual assault kits and believes that in some jurisdictions the un-
fortunate and long-standing backlog of sexual assault kits could be
addressed with rapid DNA technology. The Committee further be-
lieves that Rapid DNA technology should be deployed early in sex-
ual assault investigations to prevent backlogs from forming in the
first place. The Committee therefore directs the Department to en-
sure that recipients of all existing grant programs that help Fed-
eral, state, local and tribal agencies build capacity for DNA anal-
ysis, address the sexual assault kit backlog, enhance investigative
methods, and adopt innovative criminal justice strategies are made
aware that Rapid DNA implementation and sustainment are per-
missible uses of grant funds. The Committee directs the Depart-
ment to provide a report to the Committee no later than 60 days
after enactment of this Act that describes how Rapid DNA tech-
nology is being deployed to prevent violence against women, sup-
port illicit opioid interdiction, improve criminal investigations, pre-
vent human trafficking, combat transnational criminal activities,
and prevent sexual assault kit backlog creation.
Capital Litigation Improvement and Wrongful Conviction Re-
view.—The Committee recognizes the need for legal representation
and investigation services for individuals with post-conviction
claims of innocence. Given the urgent need to identify and reme-
diate wrongful convictions, the Committee directs that at least 50
percent of the appropriated amount to the Capital Litigation Im-
provement and Wrongful Conviction Review grant programs shall
be used to support Wrongful Conviction Review grantees providing
high quality and efficient post-conviction representation for defend-
ants in postconviction claims of innocence. Wrongful Conviction Re-
rfrederick on DSKBCBPHB2PROD with HEARING
view grantees shall be nonprofit organizations, institutions of high-
er education, and/or State or local public defender offices that have
inhouse post-conviction representation programs that show demon-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00105 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
106
strable experience and competence in litigating post-conviction
claims of innocence. Grant funds shall support grantee provision of
post-conviction legal representation of innocence claims; case re-
view, evaluation, and management; experts; potentially exonerative
forensic testing; and investigation services related to supporting
these post-conviction innocence claims.
Grants to Combat Contraband Cell Phones & Communication De-
vices.—The Committee remains concerned about the rising use of
contraband cellular phones and devices in State and local correc-
tional facilities. The Committee encourages the awarding of grants,
based on the recommendations of the fiscal year 2016 report sub-
mitted to Congress, to deploy Managed Access telecommunications
technologies to thwart illegal inmate telecommunications covering
all commercial networks through managed access while not inter-
fering with the legitimate use of the spectrum. The technology to
be deployed must manage prison cell phone use while simulta-
neously preserving the rights of law-abiding citizens to enjoy the
benefits of the public airwaves without interference.
Second Chance Act/offender reentry programs.—The rec-
ommendation includes $100,000,000 for Second Chance Act grants,
an increase of $10,000,000 above fiscal year 2020. The Committee
is aware that case studies of innovative, evidence-based practices
provide strong indication that recidivism patterns can be reversed.
The Committee expects that Second Chance Act grants will foster
the implementation of strategies that have been proven to reduce
recidivism and ensure safe and successful reentry back to their
communities of adults released from prisons and jails. The Com-
mittee expects DOJ to designate funds for proven, evidenced-based
programs that will further the goal of maximizing public safety.
The Committee is aware that university programs are available
for inmates to study business and entrepreneurship principles with
the goal of providing them with the skills and training necessary
to start and operate their own businesses upon release. The Com-
mittee encourages DOJ to support, through its Second Chance Act
funding, programs that further the goal of reducing recidivism by
supplementing state-funded vocational programs in prisons with
university-based learning initiatives based on entrepreneurship
principles and necessary skills training that can be directed into
successful post-incarceration enterprises.
The Committee encourages the Department of Justice (DOJ) to
explore programs that reduce offender recidivism and end repeated
cycles of violence and abuse by teaching skills for reducing stress,
processing past trauma, and providing practical knowledge of how
to cope with negative emotions. The Committee further encourages
the DOJ to explore rehabilitation methods such as mindfulness and
meditation which encourage incarcerated individuals to live to
one’s highest potential and contribute to society.
Human Trafficking Court Report.—The Committee applauds the
successes of drug courts and veteran treatment courts and how
they take a holistic approach to treat and hold individuals account-
able for their actions. The Committee urges the Department of Jus-
tice to evaluate a similar model for victims of human trafficking,
rfrederick on DSKBCBPHB2PROD with HEARING
especially for women and minors involved in prosecution. The Com-
mittee directs the Department to submit a report to the Com-
mittee, no later than 180 days after enactment of this Act, out-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00106 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
107
lining the possibility of creating a human trafficking court in the
model of drug and veterans treatment courts.
Prison Rape Prevention and Prosecution.—Facility audits are a
key component in helping agencies move their sexual abuse preven-
tion and response policies from written documents to everyday
practices. Congress recently made changes to the audit process to
ensure greater oversight of the audit process and improved audits.
The Committee supports the Department providing the necessary
resources to carry out this work.
Veterans Treatment Courts.—The Committee directs the Depart-
ment to conduct a national outcome study on veterans treatment
courts in order to continue advancing evidence-based practices at
the Bureau of Justice Assistance.
Human Trafficking Court Report.—The Committee applauds the
successes of drug courts and veterans treatment courts and how
they take a holistic approach to treat and hold individuals account-
able for their actions. The Committee urges the Department of Jus-
tice to evaluate a similar model for victims of human trafficking,
especially for women and minors involved in prosecution. The Com-
mittee directs the Department to report to the Committee, not later
than 180 days after enactment of this Act, outlining the possibility
of creating a human trafficking court in the model of drug and vet-
erans courts.
Rural law enforcement.—The Committee is concerned that many
rural law enforcement agencies are understaffed and underfunded,
and often have no access to local or regional mental health and
drug treatment services. In addition, recruiting and retention of
qualified officers is difficult, and access to training is often out of
reach because small departments do not have the funds to travel
or to replace officers in their schedule to accommodate leave for
training. While some rural agencies participate in multi-jurisdic-
tional task forces, conducting proactive investigations in small com-
munities is difficult. Therefore, the Committee encourages the De-
partment to develop programs aimed specifically at providing the
funding, resources, training, and support that rural law enforce-
ment agencies need to address the consequences of drug abuse,
drug-related crime and mental health crises in their communities.
Smart Prosecution.—The Committee notes that throughout much
of the United States, local prosecutors’ offices carry attorney case-
loads well above recommended levels, lack critical support staff,
and rely on outdated information technology to manage their case-
loads. The Committee is concerned these conditions can negatively
impacts victims, criminal defendants, and public safety. The Com-
mittee recommendation includes no less than $2,000,000 from
amounts provided for a competitive program dedicated to State and
local prosecutor office modernization and caseload reduction.
Community trust initiative.—The recommendation includes
$77,500,000 for a program to improve police-community relations.
Included in this initiative is $20,000,000 for the Byrne Criminal
Justice Innovation Program, $30,000,000 for justice reinvestment,
and $27,500,000 for a body-worn camera partnership initiative.
Justice Reinvestment Initiative.—As the Committee believes that
rfrederick on DSKBCBPHB2PROD with HEARING
improving police-community relations will require more than just
equipment procurement, the recommendation provides $30,000,000
for the Justice Reinvestment Initiative, which provides assistance
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00107 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
108
to jurisdictions to implement data-driven strategies to improve pub-
lic safety by reducing corrections spending and reinvesting those
savings in efforts to decrease crime and strengthen neighborhoods.
The Committee notes concerns regarding trial delays and bail con-
ditions for incarcerated youth. Of the funds for Justice Reinvest-
ment, $8,000,000 is for innovative efforts among States and local-
ities to reduce trial delays, ensure speedy bond consideration, guar-
antee that a juvenile’s ability to pay is considered in setting any
bond amount, provide mental health services for youth who are in-
carcerated, and reduce the use of solitary confinement on youth.
The Committee believes that comprehensive, career-long, sequen-
tial leadership education and development for all local law enforce-
ment officers, from newly sworn officers to those with command
level experience, remains critical to reduce crime, control emergent
situations, decrease liability and risk, and strengthen relationships
between law enforcement agencies and the communities they serve.
The Committee directs the Department to develop a multi-year
strategy to build local problem-solving capacity with law enforce-
ment via ethical leadership development, which may include an on-
line learning system and pilot projects, that could be matched with
funding from Byrne JAG or other programs.
JUVENILE JUSTICE PROGRAMS
The Committee recommends $337,000,000 for Juvenile Justice
programs, which is $17,000,000 above fiscal year 2020 and
$109,500,000 above the request. Funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(In thousands of dollars)
Program Amount
Part B—State Formula Grants ............................................................................................................................ $65,000
Emergency Planning—Juvenile Detention Facilities ............................................................................................ (500)
Youth Mentoring Grants ....................................................................................................................................... 100,000
Title V—Delinquency Prevention Incentive Grants .............................................................................................. 44,000
Prevention of Trafficking of Girls ................................................................................................................ (3,000)
Tribal Youth ................................................................................................................................................. (5,000)
Children of Incarcerated Parents Web Portal ............................................................................................. (500)
Girls in the Justice System ......................................................................................................................... (2,000)
Opioid Affected Youth Initiative .................................................................................................................. (10,000)
Children Exposed to Violence ...................................................................................................................... (8,000)
Victims of Child Abuse Programs ........................................................................................................................ 28,500
Missing and Exploited Children Programs ........................................................................................................... 94,500
Training for Judicial Personnel ............................................................................................................................ 5,000
Total, Juvenile Justice ................................................................................................................................. 337,000
Youth mentoring grants.—The recommendation includes
$100,000,000 for youth mentoring grants, which is $3,000,000
above fiscal year 2020 and $57,000,000 above the request.
The Committee recognizes the success of the Youth Mentoring
program. Through trusted peer-to-peer mentoring relationships, in
the community and in schools, Youth Mentoring grantees can pro-
rfrederick on DSKBCBPHB2PROD with HEARING
vide needed attention and support to at-risk children. Mentoring
relationships enhance a child’s overall well-being by improving
their emotional, social, and educational development.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00108 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
109
The Committee directs that OJP provide at least $20,000,000 for
mentoring programs that assist at-risk juveniles and their families
who have been impacted by the opioid crisis and drug addiction.
Preventing trafficking of girls.—The recommendation includes
$3,000,000 for grants for nonprofits and other nongovernmental en-
tities that have undergone rigorous evaluation and have a success-
ful track record of administering research-based prevention and
early intervention programs for girls who are vulnerable to traf-
ficking and are most likely to end up in the juvenile justice system.
Funds shall be used to scale up and replicate these programs. This
expansion will bolster prevention and early intervention strategies
and curricula throughout the country, and place vulnerable girls on
a path toward success, stability, and long-term contribution to our
society. The Committee encourages the Office for Victims of Crime
and the Office of Juvenile Justice and Delinquency Prevention to
examine ways to assist nonprofits and other nongovernmental enti-
ties with a proven track record of administering successful preven-
tion and early intervention programs for girls vulnerable to traf-
ficking. The Committee expects these funds to go toward early
intervention programs, separate and distinct from law enforcement
efforts.
Missing and exploited children programs.—The recommendation
includes $94,500,000 for missing and exploited children programs,
which is $7,000,000 above fiscal year 2020 and $9,500,000 above
the request.
The Committee expects the Department to allocate $40,000,000
for task force grants, training and technical assistance, research
and statistics, and administrative costs for the Internet Crimes
Against Children (ICAC) program. The Department is directed to
include in its ICAC Task Force grant solicitation a prioritization of
proactive investigations of suspects possessing, distributing, or pro-
ducing violent and sadistic child sexual abuse imagery. The Com-
mittee also encourages the Department to encourage ICAC grant-
ees to dedicate increased efforts to proactive investigations, which
have demonstrated potential to rescue children.
The Department is encouraged to support the development, re-
finement, and technological advancement of widely used tools,
methods, and technologies that address child sexual exploitation
and trafficking.
The Committee recognizes the diverse and unique challenges
identified in the report to Congress directed by the Ashlynne Mike
AMBER Alert in Indian Country Act (Public Law 115 166) for the
integration of State AMBER Alert communications plans and tribal
systems. Within the funds provided, the Committee recommends no
less than $4,400,000 for the operation and activities of the existing
AMBER Alert program. Of the funds provided for AMBER Alert ac-
tivities, $1,000,000 shall be directed to addressing State/tribal inte-
gration consistent with (1) the findings of the both the report di-
rected in Public Law 115–166 and (2) a long-term budget and plan
by the Department for implementation across all states with af-
fected tribal communities. The Committee directs the Department
rfrederick on DSKBCBPHB2PROD with HEARING
to submit to the Committee a long-term budget and plan for imple-
mentation across all States with affected tribal communities, not
later than 90 days after enactment of this Act.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00109 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
110
PROTECT Our Children Act.—The Department is directed to
comply with the PROTECT Our Children Act (Public Law 110–401)
and submit to the Committee a National Strategy for Child Exploi-
tation Prevention and Interdiction as well as designate a Senior
Executive Service (SES) level official at the Department of Justice
to be responsible for coordinating the development of this National
Strategy.
Four Core Requirements of Juvenile Justice and Delinquency Pre-
vention.—The Juvenile Justice and Delinquency Prevention Act
(JJDPA) is based on the consensus that youth involved with the ju-
venile and criminal courts should be guarded by federal standards
for care and custody, while also upholding the interests of commu-
nity safety and the prevention of victimization. The Act authorizes
an annual formula grant allocation to those states that provide an
acceptable plan to comply with four core requirements. The four re-
quirements provide that: (1) States must keep status offenders out
of secure detention or correctional facilities; (2) States cannot de-
tain or confine juveniles in facilities in which they would have sight
or sound contact with adult inmates; (3) Juveniles cannot be de-
tained or confined in any jail or lockup for adults; and (4) States
must show that they are working to address racial and ethnic dis-
parities that exist in their juvenile justice systems. The Committee
directs the Office of Juvenile Justice and Delinquency Prevention
(OJJDP) to report to Congress on the technical assistance provided
to states with respect to meeting the four requirements through
evidence-based programs.
Bullying.—The Committee encourages the Department to provide
funding within existing programs for evidence-based approaches to
preventing bullying in schools, communities, and in cyberspace.
School discipline.—The Committee encourages the Department
to explore implementing programs that are focused on disadvan-
taged students of color in elementary and secondary school that in-
clude a curriculum that prevents unnecessary trauma and harm,
and counterproductive in-school arrests and expulsion, while incor-
porating positive alternatives to suspension, and promoting edu-
cational development and attainment. The Committee looks for-
ward to the report directed in House Report 116–101, detailing how
the Department could partner with relevant stakeholders to imple-
ment such a program.
Arts-based programs.—The Committee strongly supports a com-
prehensive and innovative approach to programs that work to im-
prove the lives of the youth in our communities. The Office of Juve-
nile Justice and Delinquency Prevention is encouraged to review
opportunities to include and evaluate arts-based programming and
art-therapies within existing activities and grants.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total of $143,800,000 for the Pub-
lic Safety Officer Benefits program, which is $2,000,000 above fis-
cal year 2020 and the same as the request. Within the funds pro-
rfrederick on DSKBCBPHB2PROD with HEARING
vided, $119,000,000 is for death benefits for survivors, an amount
estimated by the Congressional Budget Office that is considered
mandatory for scorekeeping purposes. Also within the total,
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00110 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
111
$24,800,000 is recommended for disability benefits for public safety
officers who are permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty, and for education
benefits for the spouses and children of officers who are killed in
the line of duty or who are permanently and totally disabled as a
result of a catastrophic injury sustained in the line of duty.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $343,000,000 for Community Ori-
ented Policing Services (COPS) Programs, which is equal to fiscal
year 2020 and $343,000,000 above the request. Funds are distrib-
uted as follows:
COMMUNITY ORIENTED POLICING SERVICES
(In thousands of dollars)
Program Amount
COPS Hiring Grants .............................................................................................................................................. $231,000
Improving Tribal Law Enforcement Resources ............................................................................................ (27,000)
Community Policing Development/ Training and Technical Assistance ..................................................... (6,500)
Regional Information Sharing Activities ..................................................................................................... (40,000)
Tribal Access Program ................................................................................................................................ (3,000)
Civilian Review Boards ............................................................................................................................... (4,000)
Law Enforcement Mental Health and Wellness Act .................................................................................... (5,000)
Police Act .............................................................................................................................................................. 11,000
Anti-Methamphetamine Task Forces .................................................................................................................... 13,000
Anti-Heroin Task Forces ....................................................................................................................................... 35,000
STOP School Violence Act ..................................................................................................................................... 53,000
Total, Community Oriented Policing Services ............................................................................................. $343,000
Community Oriented Policing Services.—The Committee urges
that COPS grants be awarded based on a comprehensive assess-
ment of the needs of the jurisdiction and that jurisdictions are not
disqualified solely based on the size of their law enforcement budg-
et.
Civilian Review Boards.—Within the amount provided for COPS,
the Committee provides $4,000,000 for grants for the development
of best practices for, and the creation of, civilian review boards to
oversee local police departments. Civilian review boards funded
under this program should be independent and adequately
resourced, have investigatory authority and staff subpoena power,
have representative community diversity, have policy making au-
thority, provide advocates for civilian complainants, have manda-
tory police power to conduct hearings, and conduct statistical stud-
ies on prevailing complaint trends.
Hiring of Residential Law Enforcement Officers.—The committee
urges the Department, as it implements the COPS Hiring program,
to support the recruitment, hiring, retainment, development, and
training of law enforcement officers who are residents of the com-
munities they serve. Priority for grant awards shall be provided for
rfrederick on DSKBCBPHB2PROD with HEARING
the hiring of law enforcement officers who are residents of, or are
willing to relocate to, communities that: (1) have poor or frag-
mented relationships between police and residents of the commu-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00111 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
112
nity, or where there are high incidents of crime, and (2) are the
communities that the law enforcement officers serve, or are close
to the jurisdictions they serve. Data shall be collected on the num-
bers of law enforcement officers who are willing to relocate to the
communities where they serve, and whether such law enforcement
officer relocations have impacted crime in such communities. With-
in 180 days of enactment of this Act, the Department shall develop
and publicly report strategies and timelines to recruit, hire, pro-
mote, retain, develop, and train a diverse and inclusive law en-
forcement workforce, consistent with merit system principles and
applicable law.
STOP School Violence Act school hardening.—The recommenda-
tion includes $53,000,000, which is an increase of $3,000,000 above
the fiscal year 2020 level for evidence-based school hardening
measures including metal detectors, locks, lighting, ballistic glass,
and other deterrent measures in coordination with law enforce-
ment, as well as training for local law enforcement officers to pre-
vent student violence, technology for expedited notification of local
law enforcement during an emergency, and other measures deter-
mined to provide significant improvement in physical security of
schools.
School resource officers (SROs).—The Committee supports initia-
tives through the COPS Hiring Program to assist State and local
governments to recruit and train additional SROs to build working
relationships with schools as a means to provide a safer and calmer
learning environment.
The Committee acknowledges that school SROs are intended to
serve in roles ranging from counselors, to tutors and mentors, in
order to create opportunities for students to interact with law en-
forcement in a positive way. The Committee looks forward to re-
ceiving the report directed in House Report 116–101 which directs
the Department of Justice to examine the current role of SROs on
campuses and provide recommendations. on how SROs can better
serve the needs of the students. Furthermore, the Committee is
concerned about also protecting the civil liberties of students in
school. Accordingly, the Committee requests that the Department
conduct an assessment for fiscal year 2021 to determine what if
any effort grantees make to ensure students are aware of their civil
rights.
SROs across the country engage with students on a daily basis
and provide a wide range of important services to our nation’s
youth, including identifying depression and suicidal behavior
among school children. SROs are in a unique position to identify
and assist children at-risk of depression and suicide. The Com-
mittee supports awarding SRO grants to communities that are
dealing with high levels of youth suicide, especially in smaller
towns with limited resources.
Regional Information Sharing Activities.—Regional information
sharing activities play a key role in assisting our local, State and
Federal law enforcement agencies fight crime and terrorism. Over
the last decade, regional information sharing has yielded
rfrederick on DSKBCBPHB2PROD with HEARING
$23,000,000,000 in narcotics, property, and case seizures. This rec-
ommendation provides $40,000,000 for grants to State and local
law enforcement for these activities.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00112 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
113
Rural law enforcement staffing.—The Committee recognizes cer-
tain State and local law enforcement agencies in rural and low-pop-
ulated counties are critically underfunded and understaffed. Some
distressed regions have as few as two law enforcement officers on
payroll to patrol its jurisdictions at a given time. These instances
of chronic law enforcement understaffing pose a significant threat
to communities. The Committee encourages the Department to
fund grants for critically understaffed law enforcement agencies.
Law enforcement training.—The Committee recognizes the im-
portance and success of the COPS Hiring program. Recent inci-
dents of law enforcement killing unarmed civilians have high-
lighted the importance and need for strong, collaborative relation-
ships between local police and the communities they serve. The
Committee supports diversity hiring in local law enforcement to en-
sure that law enforcement reflects the communities they serve or
are residents of the communities they serve. The Committee en-
courages the Department to provide the highest priority to COPS
program applicants and law enforcement agencies that require
their employees to complete evidence-based cultural sensitivity
trainings, including training on ethnic and racial bias, racial
profiling, gender bias, sexual orientation and gender identity bias,
cultural diversity, use of force, procedural justice, and law enforce-
ment interaction with people with disabilities, the mentally ill, and
English Language Learners.
Active shooter response.—The recommendation includes
$11,000,000 for the POLICE Act of 2016 (Public Law 114–199). The
Committee notes the importance of training partnerships that offer
nationwide, dynamic force-on-force scenario-based training. The
Committee understands the training has been adopted by numer-
ous States and agencies as their standard active shooter training
and that the FBI has adopted this program as its national training
standard for active shooter response. In addition, the Committee
encourages the Department to ensure that such grants authorized
under the POLICE Act may be made available for primary schools,
secondary schools, and college campuses, and that such training is
an integrated training with campus police officers and local law en-
forcement. The Department shall report to the Committee, within
180 days of enactment, on the number of schools that have received
active shooter training and the number of schools’ campus police of-
ficer units that have received active shooter training in connection
with this program over the last three fiscal years.
Human trafficking intelligence.—The Committee encourages pro-
grams funded under the regional information sharing activities to
hire criminal intelligence analysts to compile information, reports,
and other intelligence on human trafficking into, out of, and within
the borders of the United States.
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
(INCLUDING TRANSFER OF FUNDS)
The Committee has included the following general provisions for
rfrederick on DSKBCBPHB2PROD with HEARING
the Department of Justice:
Section 201 prohibits the use of funds to pay for an abortion, ex-
cept in the case of rape, incest, or to preserve the life of the mother.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00113 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
114
Section 202 prohibits the use of funds to require any person to
perform or facilitate the performance of an abortion.
Section 203 establishes the obligation of the Director of the Bu-
reau of Prisons to provide escort services to an inmate receiving an
abortion outside of a Federal facility, except where this obligation
conflicts with the preceding section.
Section 204 prohibits the use of certain funds for transporting
prisoners classified as maximum or high security, other than to a
facility certified by the Bureau of Prisons as appropriately secure.
Section 205 prohibits the use of funds for the purchase or rental
by Federal prisons of audiovisual equipment, services and mate-
rials used primarily for recreational purposes, except for those
items and services needed for inmate training, religious, or edu-
cational purposes.
Section 206 requires review by the Deputy Attorney General and
the Department Investment Review Board prior to the obligation or
expenditure of funds for major information technology projects.
Section 207 requires the Department to follow reprogramming
procedures for any deviation from the program amounts specified
in this title or the accompanying report, or the reuse of deobligated
funds provided in previous years.
Section 208 prohibits the use of funds for OMB Circular A–76
competitions for work performed by employees of the Bureau of
Prisons or of the Federal Prison Industries, Inc.
Section 209 prohibits U.S. Attorneys from holding additional re-
sponsibilities that exempt U.S. Attorneys from statutory residency
requirements.
Section 210 permits up to 2 percent of grant and reimbursement
program funds made available to the Office of Justice Programs to
be used for training and technical assistance, and up to 2 percent
of grant funds made available to that office to be used for criminal
justice research, evaluation and statistics by the National Institute
of Justice and the Bureau of Justice Statistics.
Section 211 provides cost-share waivers for certain DOJ grant
programs.
Section 212 waives the requirement that the Attorney General
reserve certain funds from amounts provided for offender incarcer-
ation.
Section 213 prohibits funds, other than funds for the National In-
stant Criminal Background Check System established under the
Brady Handgun Violence Prevention Act, from being used to facili-
tate the transfer of an operable firearm to a known or suspected
agent of a drug cartel where law enforcement personnel do not con-
tinuously monitor or control such firearm.
Section 214 places limitations on the obligation of funds from cer-
tain Department of Justice accounts and funding sources.
Section 215 permits DOJ to participate in Performance Partner-
ship Pilot collaboration programs.
Section 216 increases the threshold for balances in the United
States Trustee System Fund.
Section 217 prohibits EOIR’s use of case completion quotas in im-
migration judge performance evaluations.
rfrederick on DSKBCBPHB2PROD with HEARING
Section 218 amends Public Law 101–246 to provide for danger
pay for United States Marshals Service for certain deployments
outside the United States.
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00114 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
115
Section 219 prohibits the awarding of funds under the Byrne
JAG or COPS programs unless the United States Attorney General
certifies that the recipient State or unit of local government satis-
fies several conditions.
Section 220 establishes a National Task Force on Law Enforce-
ment Oversight.
Section 221 prohibits Department of Justice funding from being
made available to any law enforcement agency of any State, unit
of local government, or Federally recognized Tribal government un-
less the Attorney General has certified that such agency has begun
or completed the process of receiving accreditation from a law en-
forcement accreditation organization approved by the Attorney
General.
Section 222 prohibits the awarding of funds under the Byrne
JAG or COPS programs unless the United States Attorney General
certifies that the recipient State or unit of local government has in
effect a law prohibiting sexual activity while acting under color of
law.
TITLE III
SCIENCE
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
The Committee recommends $5,544,000 for the Office of Science
and Technology Policy (OSTP), which is equal to the fiscal year
2020 appropriation.
Extreme weather.—The Committee looks forward to receiving the
report directed in House Report 116–101 that directs OSTP to cre-
ate and convene a Congressionally-mandated Interagency Council
on Extreme Weather Resilience, Preparedness, and Risk Identifica-
tion and Management (‘‘Interagency Council’’). The Committee fur-
ther directs OSTP, in coordination with the Interagency Council, to
develop a plan, on an agency-by-agency basis, for government-wide
implementation of resilience, preparedness, and risk management
priorities. This plan was directed to be produced no later than 180
days after the enactment of the Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2020 (Public Law 116–93). To
date, the Committee has not received this plan, nor the inter-
mediate report that was directed within 90 days.
Federally Funded Scientific Research.—The Committee recog-
nizes the considerable progress made by OSTP in bringing to com-
pletion the department and agency public access plans called for by
the OSTP Memorandum ‘‘Increasing Access to the Results of Feder-
ally Funded Scientific Research,’’ issued February 22, 2013. The
Committee understands that 22 departments and agencies with an-
nual expenditures on research and development of $100,000,000 or
more now have completed their public access plans for increasing
access to peer-reviewed scholarly publications and digital data re-
sulting from Federally funded research. The Committee encourages
OSTP to continue its efforts to coordinate the implementation of
public access policies across Federal departments and agencies and
rfrederick on DSKBCBPHB2PROD with HEARING
to identify additional opportunities to enhance access to the results
of Federally funded research. The Committee received OSTP’s
quarterly progress reports regarding department and agency public
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00115 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
116
access planning efforts, the most recent report being issued on Jan-
uary 9, 2017. Further, OSTP shall report to the Committee on an
annual basis on the progress of departments and agencies in imple-
menting their public access plans, including relevant measures of
progress, and regarding additional steps being taken to improve ac-
cess to the results of Federally funded research. In addition, at
least 90 days prior to making any changes to the Federal Govern-
ment’s public access policies as outlined in the 2013 OSTP memo-
randum on ″Increasing Access to the Results of Federally Funded
Scientific Research,″ the Committee directs OSTP to submit to the
Committee a report on the costs and budgetary impact of such
changes. The report shall include a complete analysis of any newly-
created costs, including any potential new costs for grant recipi-
ents.
NATIONAL SPACE COUNCIL
The Committee recommends $1,965,000 for the National Space
Council, which is equal to the fiscal year 2020 appropriation and
the same as the request.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
The Committee recommends $22,629,000,000 for the National
Aeronautics and Space Administration (NASA), which is equal to
the fiscal year 2020 appropriation and $2,616,985,000 below the re-
quest.
NASA’s fiscal year 2021 request, much like the 2020 amended
budget request, reflected the Administration’s ominous shift away
from legacy programs and programs with clear environmental and
educational benefits. The Administration’s shift in priorities is
most evident in its budget request of nearly $3,400,000,000 (nearly
$2,800,000,000 above the fiscal year 2020 level) for the Human
Landing System and Advanced Cislunar and Surface Capabilities
initiatives. These programs are being rushed to meet a politically
motivated timeline to again place humans on the Moon’s lunar sur-
face in a little over four years. In order to fund this massive expan-
sion, the Administration chose to either reduce or eliminate many
critical legacy programs, including Earth science programs that
help monitor the environment, measure global climate change, and
track rising sea levels. These programs include: The Plankton, Aer-
osol, Cloud, ocean Ecosystem (PACE) Earth-observing satellite; the
Climate Absolute Radiance and Refractivity Observatory
(CLARREO) sensor on the International Space Station, designed to
lay the foundation for future long-term observations of Earth’s cli-
mate; and NASA’s Carbon Monitoring System that achieves levels
of precision and accuracy to monitor, report, and verify the levels
of carbon stocks and fluxes in Earth’s atmosphere. Additional pro-
grams that were proposed for elimination in the Administration’s
budget request are: The Wide Field Infrared Survey Telescope
(WFIRST), now named the Nancy Grace Roman Space Telescope,
a NASA observatory designed to work in conjunction with the
James Webb Space Telescope, with a view 100 times greater than
rfrederick on DSKBCBPHB2PROD with HEARING
that of the Hubble Space Telescope; and the entire Science, Tech-
nology, Engineering, and Mathematics (STEM) Engagement ac-
count. The Committee rejects these proposals and has included
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00116 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
117
nearly $1,500,000,000 above the request to support these critical
programs, including additional funding for competitive research
grants within Earth Science and a $6,000,000 increase over the fis-
cal year 2020 appropriation for the STEM Engagement account.
The Committee’s program and project recommendations for
NASA are included in the consolidated funding table below and in
narrative direction throughout this report. The Committee reminds
NASA that any deviations from the amounts included in the table
below are subject to section 505 requirements of this Act. When
executing its budget for fiscal year 2021, NASA shall incorporate
the funding levels established in both the table and the narrative
direction. NASA is reminded that comity has existed between the
Congress and the Executive Branch with respect to abiding by lan-
guage included in this report and in the accompanying bill. The
Committee expects NASA to respect this long-standing practice.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
Program Amount
Science:
Earth Science ............................................................................................................................................... $2,021,800
Planetary Science ......................................................................................................................................... 2,713,400
Astrophysics ................................................................................................................................................. 1,306,200
James Webb Space Telescope ..................................................................................................................... 423,000
Heliophysics ................................................................................................................................................. 633,100
Total, Science ...................................................................................................................................... 7,097,500
Aeronautics ........................................................................................................................................................... 819,000
Space Technology .................................................................................................................................................. 1,100,000
Exploration:
Orion Multi-purpose Crew Vehicle ............................................................................................................... 1,400,500
Space Launch System (SLS) Vehicle Deployment ....................................................................................... 2,600,000
Exploration Ground Systems ........................................................................................................................ 459,700
Exploration Research and Development ...................................................................................................... 1,557,400
Total, Exploration ................................................................................................................................ 6,017,600
Space Operations .................................................................................................................................................. 4,052,200
Science, Technology, Engineering, and Mathematics (STEM) .............................................................................. 126,000
Safety, Security and Mission Services .................................................................................................................. 2,953,400
Construction and Environmental Compliance and Restoration ........................................................................... 419,100
Office of Inspector General ................................................................................................................................... 44,200
Total, NASA ......................................................................................................................................... $22,629,000
SCIENCE
The Committee provides $7,097,500,000 for Science, which is
$41,400,000 below the fiscal year 2020 appropriation and
rfrederick on DSKBCBPHB2PROD with HEARING
$791,000,000 above the request.
Earth Science.—The recommendation includes $2,021,800,000 for
Earth Science programs. Despite the overwhelming benefits to the
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00117 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
118
economy, coastal regions, and to humankind generally, the Admin-
istration once again proposed for elimination virtually all major
missions that incorporate selected ocean color and atmospheric aer-
osol measurement capabilities needed to ensure continuity and ad-
ditional capability in the measurement record, and that dem-
onstrate measurement technologies for a larger future mission to
improve detection of climate trends. These missions, aimed at un-
derstanding the Earth system and its response to natural and
human-induced forces and changes, will help determine how to pre-
dict future changes and mitigate or adapt to them. The President’s
fiscal year 2021 budget request, like the Administration’s requests
of prior years, chooses to eliminate missions totaling nearly
$180,000,000 that address human-induced forces regarding climate
change. The Committee rejects the Administration’s proposal, has
included adequate funding to continue such programs, and expects
NASA to comply with Committee direction.
Earth Science Research and Analysis and Carbon Monitoring.—
The Committee recommends no less than $346,400,000 for Earth
Science Research, which is $36,500,000 greater than the requested
level. Within this amount, $10,000,000 is directed for the Carbon
Monitoring System, which was eliminated in the Administration’s
fiscal year 2021 budget request.
Plankton, Aerosol, Cloud, ocean Ecosystem (PACE).—The Com-
mittee provides $145,100,000, which is $14,100,000 greater than
the fiscal year 2020 appropriation and $145,100,000 greater than
the Administration’s request, which would have eliminated the
Plankton, Aerosol, Cloud, ocean Ecosystem (PACE) mission. The
Committee does not concur with the Administration’s proposal to
terminate this mission, which it also proposed terminating in the
fiscal year 2020 request, and instead the Committee maintains
funding at this level due to this mission’s unique scientific value,
including for aiding critical parts of the U.S. coastal economy like
commercial fishing. The data to be generated by PACE builds upon
a multi-decade effort by NASA and other Federal agencies to gen-
erate information from space that helps, for example, to charac-
terize and assess the health of the fisheries environment and to
more accurately assess the status of fish stocks, as well as to help
identify the extent and duration of harmful algal blooms. Such
unique observational information cannot be replicated elsewhere,
and industry itself does not have the financial means to acquire
wide scale data such as that generated by PACE and its precursor
missions. Therefore, the Committee sees any effort to terminate
this mission as shortsighted and based upon incomplete analysis of
the benefits of PACE’s data to U.S. coastal economies, the provision
of which is an inherently governmental responsibility. In providing
this appropriation, the Committee directs NASA to provide a re-
port, concurrent with the fiscal year 2021 operating plan, on
NASA’s efforts to maintain a 2022 launch date for this mission and
directs NASA to include adequate funding for PACE in the fiscal
year 2022 budget request.
Climate Absolute Radiance and Refractivity Observatory Path-
finder (CLARREO) Pathfinder.—The Committee provides
rfrederick on DSKBCBPHB2PROD with HEARING
$24,500,000 for this mission, $1,500,000 less than the fiscal year
2020 appropriation and $24,500,000 greater than the Administra-
tion’s request, which would have eliminated the mission. The Com-
VerDate Sep 11 2014 07:41 Jul 17, 2020 Jkt 040849 PO 00000 Frm 00118 Fmt 6659 Sfmt 6602 E:\HR\OC\HR455.XXX HR455
119
Full text truncated for size; the complete document is in the PDF above.File and source
- File
- CRPT_crpt-116hrpt455_crpt-116hrpt455.pdf
- Size
- 1,693,652 bytes
- SHA-256
- e5d8b05dccf74cc395cd21bfd3411ed9cd1caf5b95fd95fb9122e2c627c7ad3f
- Original
- www.govinfo.gov