28-291
2d Session
109-520
--SCIENCE, STATE, JUSTICE, COMMERCE, AND RELATED AGENCIES APPROPRIATIONS BILL, FISCAL YEAR 2007
[To accompany H.R. 5672]
The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for Science, the Departments of State, Justice and Commerce, and related agencies for the fiscal year ending September 30, 2007.
| INDEX TO BILL AND REPORT | ||
| Page Number | ||
| Bill | Report | |
| Title I--Department of Justice | 2 | 9 |
| Title II--Department of Commerce and Related Agencies | 34 | 66 |
| Office of the United States Trade Representative | 34 | 66 |
| International Trade Commission | 35 | 69 |
| Department of Commerce | 35 | 69 |
| Title III--Science | 54 | 93 |
| Office of Science and Technology Policy | 54 | 93 |
| National Aeronautics and Space Administration | 55 | 94 |
| National Science Foundation | 58 | 100 |
| Title IV--Department of State and Related Agency | 61 | 104 |
| Department of State | 61 | 104 |
| Broadcasting Board of Governors | 73 | 127 |
| Title V--Related Agencies | 80 | 131 |
| Antitrust Modernization Commission | 80 | 131 |
| Commission for the Preservation of America's Heritage Abroad | 80 | 131 |
| Commission on Civil Rights | 80 | 132 |
| Commission on International Religious Freedom | 81 | 132 |
| Commission on Security and Cooperation in Europe | 81 | 133 |
| Congressional-Executive Commission on the People's Republic of China | 82 | 133 |
| Equal Employment Opportunity Commission | 82 | 134 |
| Federal Communications Commission | 83 | 134 |
| Federal Trade Commission | 84 | 136 |
| HELP Commission | 86 | 136 |
| Legal Services Corporation | 86 | 136 |
| Marine Mammal Commission | 87 | 137 |
| Securities and Exchange Commission | 87 | 137 |
| Small Business Administration | 89 | 138 |
| State Justice Institute | 93 | 141 |
| United States-China Economic and Security Review Commission | 93 | 142 |
| United States Institute of Peace | 94 | 142 |
| Title VI--General Provisions | 94 | 142 |
| Title VII--Rescissions | 108 | 147 |
SUMMARY OF ESTIMATES AND RECOMMENDATIONS
The Committee recommends a total of $59,839,000,000 in discretionary budget authority for the departments and agencies funded in this bill. The recommendation is $136,893,000 above the request and $2,631,000,000 above the amount enacted for the current fiscal year. The Committee also recommends $354,000,000 for mandatory programs funded within this bill.
The following table provides a comparison of the new budget authority recommended in the accompanying bill with the amounts appropriated for fiscal year 2006, and the budget request for fiscal year 2007.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
----------------------------------------------------------------------------------------------------------------------
Discretionary* 57,208 59,702 59,839 +2,631 +137
Mandatory 361 354 354 -7
Total 57,569 60,056 60,193 +2,624 +137
----------------------------------------------------------------------------------------------------------------------
HIGHLIGHTS OF THE BILL
Major initiatives and highlights contained in the recommendation follow:
TITLE I- DEPARTMENT OF JUSTICE
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 21,397 21,094 22,116 +719 +1,022
---------------------------------------------------------------------------------------------------------------------
--$22.1 billion in discretionary funding for the Department of Justice, $724 million above the fiscal year 2006 level and $1.0 billion above the President's request;
--$1.7 billion for the United States Attorneys;
--$826 million for United States Marshals Service;
--$6.0 billion for the Federal Bureau of Investigation;
--$1.8 billion for the Drug Enforcement Administration; and
--$2.6 billion to assist State and local law enforcement to fight crime, which is $1.1 billion above the request including: the Edward Byrne Memorial Justice Assistance Grants program ($368 million), the State Criminal Alien Assistance Program ($405 million), juvenile justice and accountability programs ($281 million), law enforcement technologies and interoperable communications ($100 million), the DNA backlog elimination program ($176 million), meth enforcement ($99 million), and violence against women prevention and prosecution programs ($390 million).
TITLE II- DEPARTMENT OF COMMERCE AND RELATED AGENCIES
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 6,583 6,288 5,964 -619 -324
---------------------------------------------------------------------------------------------------------------------
--$1.77 billion for the Patent and Trademark Office;
--$533.5 million for the international trade agencies;
--$3.4 billion for the National Oceanic and Atmospheric Administration, including $882.3 million for the National Weather Service; and
--$627 million for the National Institute of Standards and Technology, including full funding for the American Competitiveness Initiative and $92 million for Manufacturing Extension Partnership Program.
TITLE III- SCIENCE
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 22,183 22,818 22,734 +551 -83
---------------------------------------------------------------------------------------------------------------------
--$16.7 billion for the National Aeronautics and Space Administration; and
--$6.0 billion for the National Science Foundation, including full funding for the American Competitiveness Initiative.
TITLE IV- DEPARTMENT OF STATE AND RELATED AGENCY
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 Request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 9,433 10,049 9,658 +225 -391
---------------------------------------------------------------------------------------------------------------------
--A 2.2 percent increase over fiscal year 2006 for the basic operations of the Department, including supplemental appropriations;
--Additional new positions to respond to high priority diplomatic requirements, including new positions for the Office of the Coordinator for Reconstruction and Stabilization; and new positions for critical needs language training, including Arabic, Chinese (Cantonese and Mandarin), Dari, Pashto, Korean, and Farsi.
--A total of $351 million specifically for public diplomacy programs to counter Anti-American sentiments around the world, and a total of $436 million to enhance efforts to engage foreign audiences through educational and cultural exchanges, especially with the Arab and Muslim world.
--$1.7 billion for embassy security programs, an increase of $115 million over fiscal year 2006, including 50 new diplomatic security personnel. A total of $800.5 million is provided for an overseas capital security cost sharing program, including $671.1 million from the State Department, which will result in acceleration of the program to construct secure replacement facilities for American personnel serving overseas;
--$1.15 billion for assessments for U.S. membership in the United Nations and other international organizations;
--$1.35 billion for contributions for international peacekeeping activities, the full amount requested; and
--$659 million for international broadcasting, including increases for radio and television broadcasting to the Middle East.
TITLE V- RELATED AGENCIES
[In millions of dollars]
---------------------------------------------------------------------------------------------------------------------
FY 2006 Enacted including supplementals FY 2007 request Recommendation Compared with
FY 2006 enacted FY 2007 request
---------------------------------------------------------------------------------------------------------------------
Discretionary 3,248 2,292 2,275 -973 -17
---------------------------------------------------------------------------------------------------------------------
--$213 million for the Federal Trade Commission including the National Do-Not-Call program;
--$901 million in total budget authority for the Securities and Exchange Commission to protect investors and combat corporate fraud; and
--$643 million in total budget authority for the Small Business Administration, including $90 million for the Small Business Development Centers to conduct outreach to the Nation's small businesses and a record $17.5 billion 7(a) business loan program, as requested, to help small businesses access capital.
RIGHT-SIZING THE UNITED STATES GOVERNMENT OVERSEAS PRESENCE
The Committee strongly supports interagency efforts to right-size the overseas presence of the United States Government. The Committee understands the definition of right-sizing to be the systematic and thorough review of all overseas missions and staffing levels and the reallocation of resources to achieve a leaner, streamlined, more agile, and more secure U.S. Government presence abroad. The Committee expects agencies funded in this bill to cooperate fully with all interagency efforts to achieve effective right-sizing.
The 1998 terrorist attacks on two U.S. Embassies in Africa highlighted security deficiencies in diplomatic facilities. Many U.S. personnel overseas continue to work in locations and facilities that do not meet security standards. The attacks on the American Embassies in Africa prompted the creation of the Overseas Presence Advisory Panel, which proposed significant recommendations regarding right-sizing that have subsequently been embraced by this Committee, and included in the President's Management Agenda. In addition, the Government Accountability Office (GAO) has studied right-sizing the Nation's overseas presence. The GAO reports found that U.S. agencies' staffing projections for new embassy compounds are developed without a systematic approach or comprehensive right-sizing analysis. In response, the GAO developed a framework of questions designed to link staffing levels to three critical elements of overseas diplomatic operations: (1) physical/technical security of facilities and employees; (2) mission priorities and requirements; and (3) cost of operations. In light of continuing security vulnerability, the Committee intends to ensure that such a framework is established and followed.
The Committee expects that the fiscal year 2008 budget request will continue to reflect the application of a right-sizing methodology. Increases or expansions should be justified in terms of mission priorities both within the agency, and within the specific diplomatic mission, and should be, to the maximum extent possible, accompanied by offsetting decreases to maximize the allocation of scarce resources to emerging priorities. A proper plan should include a systematic analysis to bring about a reconfiguration of overseas staffing to the minimum level necessary to meet critical U.S. foreign policy goals. The Committee expects to receive this additional analysis prior to the establishment or expansion of any activities beyond those currently approved.
AMERICAN COMPETITIVENESS INITIATIVE
America's advantage in science, math and technology is eroding. Our systems of basic scientific research and education are in crisis, while other countries are redoubling their efforts. The United States can remain the world's technological leader if it makes the commitment to do so. The growing innovation capacity of our economic competitors makes it increasingly important to make our own economy more flexible and responsive.
The Committee is pleased that the Administration has heard the call of the Congress and identified the linkage between funding for science with maintaining our Nation's economic health and national security by including in its request funding for the American Competitiveness Initiative (ACI). The ACI supports bold investments in science and innovation, including investments in research and development, science education, and entrepreneurship. Over ten years, the Administration has proposed a total commitment of $50 billion, which will double the Federal investment in basic scientific research.
The recommendations in this bill include $6 billion for the National Science Foundation, an increase of eight percent, and $627 million for the National Institute for Standards and Technology, an increase of 24 percent for core programs, to help keep America's economy strong by establishing the groundwork for the development of new technologies. The Committee believes there is no more important investment we can make to ensure the security and economic well-being of future generations of Americans.
REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS
As in previous years, section 605 contains language concerning the reprogramming of funds between programs and activities.
The Committee expects each department and agency to follow closely the reprogramming procedures listed below, which are similar to provisions that applied in statute during fiscal year 2006. These procedures apply to funds provided under this Act, or provided under previous Appropriations Acts that remain available for obligation or expenditure in fiscal year 2007, or provided from any accounts in the Treasury available to the agencies funded by this Act.
The Committee expects that the Chairman of the Appropriations Subcommittee on Science, the Departments of State, Justice and Commerce, and Related Agencies will be notified by letter a minimum of 15 days prior to--
(1) Reprogramming of funds, whether permanent or temporary, in excess of $750,000 or 10 percent, whichever is less, between programs or activities. This provision is also applicable in cases where several activities are involved with each receiving less than $750,000. In addition, the Committee is to be notified of reprogramming actions which are less than these amounts if such actions would have the effect of committing the agency to significant funding requirements in future years.
(2) Increasing funds or personnel by any means for any project or activity for which funds have been denied or restricted.
(3) Creating new programs, offices, agencies or commissions or substantially augmenting existing programs, offices, agencies or commissions.
(4) Relocating offices or employees.
(5) Reorganizing offices, programs, or activities.
In addition, the Committee expects any department or agency funded in the accompanying bill that is planning to conduct a reduction-in-force to notify the Committee by letter 30 days in advance of the date of the proposed personnel action.
The Committee also expects that any items that are subject to interpretation will be reported.
The Committee is concerned that, in some instances, the departments or agencies funded within this Appropriations Act are not adhering to the Committee's reprogramming policy and procedures that are set forth in this report and in section 605 of the accompanying bill. The Committee expects that each department and agency funded in the bill will follow these notification policies precisely and will not reallocate resources or reorganize activities prior to submitting the required notifications to the Committee. The Committee has provided each of the departments, NASA and the Small Business Administration, with transfer authority, which is the same as the transfer authority provided in the fiscal year 2006 Appropriations Acts. The Committee believes such authority, together with the traditional reprogramming policy, gives each department or agency the needed flexibility to respond to unanticipated circumstances and requirements, which may arise throughout the fiscal year.
RELATIONSHIP WITH BUDGET AND COMPTROLLER'S OFFICES
Through the years the Appropriations Committee has channeled most of its inquiries and requests for information and assistance through the budget offices or comptroller organizations of the various departments, agencies, and commissions. The Committee has often pointed out the natural affinity and relationship between these organizations and the Appropriations Committee that makes such a relationship imperative. The Committee reiterates its position that, while it reserves the right to call upon all organizations in the departments, agencies, and commissions for information and assistance, the primary contact between the Committee and these entities must be through the budget offices and comptroller organizations.
The workload generated in the budget process is large and growing, and, therefore, a positive, responsive relationship between the Committee and the budget and/or comptroller offices is absolutely essential to the appropriations process to ensure that the information needs of the Committee are met in order to fulfill the Constitutional responsibilities of the Congress.
FULL COMPLIANCE WITH THE TELEWORK DIRECTIVE
Advances in information and computer technology, the development of the Internet, and the growth of wireless and digital products have given some Federal employees the ability to telework, or work anytime from almost any place. Management considerations, such as productive and satisfied workers; environmental considerations, such as reduced traffic congestion and improved air quality; and quality of life considerations, such as accommodating the short- or long-term health needs of employees, require the establishment of telework programs.
Telecommuting provides Federal agencies with a viable option to ensure continuity of operations in the event of an emergency. Following Hurricane Katrina, lapses in the Federal government's performance could have been mitigated by telecommuting. The Committee is aware of businesses that were able to continue operations following Hurricane Katrina due to telecommuting programs already in place. By reducing automobile trips, telecommuting helps to reduce dependence on foreign oil and to reduce car emissions.
In light of the benefits of telecommuting, the Committee remains concerned about the lack of progress being made by Federal agencies in this area. The Committee believes that agencies should be taking extensive measures to certify more Federal employees as eligible to telecommute.
The Committee directs the Departments of Commerce, Justice, and State, the Securities and Exchange Commission, the Small Business Administration, the National Aeronautics and Space Administration and the National Science Foundation to provide a report to the Committee in no less than six months from enactment of this legislation detailing plans to increase the eligible number of telecommuters as well as what major obstacles exist.
The bill includes a provision requiring that the Departments of Commerce, Justice, and State, the Securities and Exchange Commission, the Small Business Administration, the National Aeronautics and Space Administration and the National Science Foundation certify that telecommuting opportunities have increased over the fiscal year 2006 levels. Language is repeated from fiscal year 2006 requiring that $5,000,000 be made available only after certification is made; requiring agencies to designate a Telework Coordinator. Previous public laws have required the departments and agencies to each establish a policy under which eligible employees may participate in telecommuting to the maximum extent possible without diminished performance.
BUDGET PRESENTATION
The Committee is supportive of budget and performance integration so that government programs can become more results-oriented. While the amount of performance data included in budget documents has increased, in many cases it has been at the expense of programmatic budget data and justifications that are critical to the work of the Committee. The Committee expects all Departments and agencies covered under this Act to consult with the Committee on this issue before submission of the fiscal year 2008 Budget Request and justification materials.
TITLE I--DEPARTMENT OF JUSTICE
Despite severe funding limitations faced by the Committee in fiscal year 2007, the recommendation for the Department of Justice reflects the Committee's overriding priority to ensure that Federal, State and local law enforcement entities have sufficient resources to combat terrorism while continuing to perform traditional law enforcement activities to prevent and investigate crimes. The recommendation reflects the Committee's commitment to combat terrorism, espionage, cybercrime, gang-related crime, illegal drugs, and corporate fraud.
The Committee recommends $22,347,225,000 in new budget authority in the accompanying bill for the Department of Justice for fiscal year 2007. This amount is $723,144,000 above the current year and $1,022,222,000 above the budget request. Of the total amount provided, $22,116,225,000 is derived from general purpose discretionary funds and $231,000,000 is scored as mandatory spending.
Once again, the Committee is disappointed in the budget gimmicks included in the Administration's request including large new regulatory fees, proposed rescissions for the Federal Prison System and the United States Attorneys for programs in which the funds identified are not available, and irresponsible reductions to State and local law enforcement. The Committee hopes that future budget requests discontinue the use of disingenuous budget gimmicks and the Administration submits a more responsible budget proposal for the Department of Justice.
The recommendation continues the Committee's commitment to Federal law enforcement efforts to combat terrorism and other crimes by fully funding the requests for United States Attorneys, United States Marshals Service, the Federal Bureau of Investigation (FBI), and the Federal Prison System, Salaries and Expenses account. In addition, the recommendation provides $15,000,000 above the budget request for the Drug Enforcement Administration (DEA) to combat drug trafficking in drugs such as methamphetamine. The recommendation proposes reductions to the request for other lower priority Department of Justice programs.
Finally, the recommendation continues the Committee's commitment to supporting our nation's police and sheriffs' departments by providing an increase of $1,086,414,000 above the Administration's request for State and local law enforcement grants. As Federal law enforcement agencies continue to divert resources away from traditional crime fighting to strengthen their counterterrorism capabilities, a void is left that only State and local law enforcement are positioned to fill. In this context, the Committee finds the Administration's budget request, which proposes to reduce funding for State and local law enforcement assistance by more than 50 percent, to be woefully inadequate. In order to address State and local law enforcement requirements, the Committee recommends a total of $2,634,475,000 in new budget authority for crime fighting grant programs for fiscal year 2007.
The recommendation provides increases above the request for the Edward Byrne Justice Assistance Grants program (+$367,852,000), the State Criminal Alien Assistance Program (+$405,000,000), juvenile justice and accountability programs (+$92,138,000), meth hot spots (+$58,916,000), gang violence reduction (+$40,000,000) and law enforcement technologies and interoperability grants (+$100,000,000).
Gangs.--According to FBI Congressional testimony on the fiscal year 2006 budget request, `Gangs and other criminal enterprises, operating in the U.S. and throughout the world, pose increasing concerns for the international law enforcement and intelligence communities. Today, gangs are more violent, more organized, and more widespread than ever before. They pose one of the greatest threats to the safety and security of all Americans. The Department of Justice estimates there are approximately 30,000 gangs, with 800,000 members, impacting 2,500 communities across the U.S. The innocent people in these communities face daily exposure to violence from criminal gangs trafficking in drugs and weapons and gangs fighting amongst themselves to control or extend their turf and their various criminal enterprises.' Over the past several years, the Committee has provided the Department with increased resources to attack this problem. The Committee has provided funding increases to establish a National Gang Intelligence Center in the FBI, established additional FBI Safe Streets Task Forces and Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Impact Teams, provided additional Assistant U.S. Attorneys and Criminal Division attorneys for gang prosecutions, and provided grants to State and local governments for enforcement and prevention efforts.
In addition to continuing funding for previously approved Federal law enforcement programs, the recommendation includes an increase of $6,081,000 for 61 additional United States Attorneys positions, $20,000,000 for the Gang Resistance Education and Training program, and $40,000,000 for grants for communities to develop comprehensive gang prevention and enforcement programs in coordination with local United States Attorneys offices.
The Committee appreciates that the Attorney General has directed the appointment of an Assistant U.S. Attorney in each judicial district to serve as an anti-gang coordinator to prepare comprehensive, district-wide strategies--in consultation with partners from Federal and local law enforcement, social services, and community and faith-based groups--to coordinate anti-gang activity across the board. However, the Committee is disappointed that the budget request proposes reductions in anti-gang programs including eliminating the Gang Resistance Education and Training program, eliminating grants for communities to develop comprehensive gang prevention and enforcement programs in coordination with local United States Attorneys offices, and reducing funding for the FBI's Safe Streets Task Forces. The recommendation restores funding for all of these programs and the Committee hopes that future budget requests will propose an appropriate level of resources to address gang violence.
Child On-Line Protection- The Committee commends the Department for the development of its Project Safe Childhood Initiative, which calls for U.S. Attorneys to work with Federal, State and local officials to develop local plans to address the growth of computer-facilitated sexual exploitation crimes committed against children. In order to support the Administration's efforts and reduce child exploitation, the recommendation funds the Department's request for 26 additional U.S. Attorney positions to increase Federal child exploitation prosecutions and fully funds the requested $1,984,000 for the continued development of a nationwide sex offender registry system that links State systems together. In addition, the recommendation provides $1,000,000 above the request for the National Center for Missing and Exploited Children, $5,000,000 above the request for Internet Crimes Against Children Task Forces, and $5,000,000 above the request for the Federal Bureau of Investigation's Innocent Images program to increase law enforcement's ability to address these terrible crimes.
The Committee commends the Department and the United States Marshals Service for Operation Falcon II, which led to the arrest of 1,102 fugitives wanted for committing sexual offenses and violent crimes against women, children and the elderly, as well as unregistered convicted sex offenders. The Committee encourages the United States Marshals Service to conduct similar operations in fiscal year 2007.
Methamphetamine (meth)- According to the National Association of Counties, 58 percent of counties ranked meth as their number one drug problem, and it is estimated that there are 583,000 people currently using meth in the United States. However, the Administration's budget request proposes dramatic reductions to Department of Justice programs that assist Federal, State and local law enforcement in combating meth. The increases provided in the recommendation should allow the Department to take a leadership role in addressing this problem. While the Committee is hopeful that new Federal laws controlling meth precursor chemicals will dramatically reduce the number of small toxic labs operating in the country, the Committee understands that super labs operated by international drug trafficking organizations are supplying the majority of meth in America.
In order to help Federal, State and local law enforcement address the meth epidemic, the recommendation provides $367,852,000 for the Justice Assistance Grants program, which the Administration proposed to eliminate; $99,000,000 for meth-specific grants, which is the authorized level and $58,916,000 above the budget request; $40,000,000 for Drug Court programs, which is $30,128,000 above the current year; $5,000,000 for State Prison Drug Treatment programs, which the Administration proposed to eliminate; and $15,000,000 above the request for DEA.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
The Committee recommends $90,136,000 for General Administration, which is $32,730,000 below the current year and $25,369,000 below the request.
This account supports the development of policy objectives and the overall management of the Department of Justice. The recommendation adopts the Administration's proposal to transfer $31,162,000 for the Office of Intelligence Policy and Review from this account to the newly authorized National Security Division. The Committee does not adopt the proposed transfer of $16,000,000 to this account to shutdown the National Drug Intelligence Center. The recommendation fully funds the Office of Privacy and Civil Liberties.
Once again, the Committee is extremely disappointed with the amount of time it takes the Department to respond to hearing questions submitted for the record by Members of the Subcommittee. Many of these questions require factual responses and should not require multiple layers of review or require weeks, and often months, to submit. The Committee is concerned that this practice, has resulted in the needless withholding of budgetary and programmatic information that is necessary to the Committee's work. The Committee believes that the open sharing of information results in a more effective relationship between the branches of government and improves the quality of legislation.
Budget Models- In fiscal year 2005, the Committee directed the Department to report on the impact of hiring new investigative agents on the workload of other parts of the criminal justice system including U.S. Attorneys, U.S. Marshals, the Detention Trustee, and the Federal Prison System. The Committee appreciates the Department's efforts to complete the report and encourages the Administration to continue to develop these budget models. The Committee remains deeply concerned that the Administration does not consider the impact on the entire criminal justice system when it implements new law enforcement initiatives.
General Services Administration (GSA) Rent.--The recommendation fully funds the request for GSA rent for the Department of Justice. However, the Committee notes that the budget request includes substantial GSA rent increases for several accounts including an 18 percent increase for General Administration, an 11 percent increase for Administrative Review and Appeals, a 12 percent increase for General Legal Activities, a 19 percent increase for the U.S. Trustee System Fund, a 21 percent increase for the U.S. Marshals Service, a 26 percent increase for the Community Relations Service, a 10 percent increase for the Federal Bureau of Investigation, a 27 percent increase for the Drug Enforcement Administration, and a 39 percent increase for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Committee has been unable to verify from either GSA or the Department why such significant increases are necessary or what the correct funding level should be for facilities costs. Therefore, before obligating or expending funds for these requested GSA rent increases, the Committee directs the Administration to submit a reprogramming in accordance with the procedures outline in section 605 describing why increased payments are necessary, including a description of increases in facilities' operating charges and changes in the amount of space occupied.
JUSTICE INFORMATION SHARING TECHNOLOGY
The recommendation provides $125,000,000 for this account, which is $50,007,000 below the request and $1,596,000 above the current year. This account provides funding for several Department of Justice information sharing programs including the following initiatives:
Joint Automated Booking System (JABS).--JABS enables Federal law enforcement components to electronically share criminal arrest data, which improves criminal identification response times and avoids duplication of booking data entry.
Justice Consolidated Office Network (JCON).--JCON is the standard office automation system upon which 16 Department of Justice components operate their mission-critical applications which allows attorneys and law enforcement officials the immediate ability to exchange all electronic data with and between components on a common platform.
Law Enforcement Information Sharing Program (LEISP).--LEISP will implement the information technology tools needed to facilitate timely, appropriate and secure sharing of information across Federal, State and local law enforcement. Through LEISP, the Department will develop a comprehensive information sharing program that can help identify emerging threats and patterns, find relationships among individual groups, and provide useful tactical and strategic information to criminal and counterterrorism investigators. This effort includes the creation of national and regional data exchange databases to facilitate the sharing of information. The Committee expects the Department to work cooperatively with State and local law enforcement on this initiative. In addition, the Committee expects the Department to ensure that this program will facilitate the reporting, analysis and dissemination of intelligence related to organized retail theft.
Litigation Case Management System.--Currently, the Department's litigating components' case management systems are highly decentralized and information is stored in numerous disconnected systems. This project will consolidate the 94 U.S. Attorneys Offices and seven headquarters litigating components into one web-based common case management system, reducing operating costs, and improving information sharing among law enforcement and Intelligence Community agencies.
Public Key Infrastructure (PKI) and Secure Communications.--PKI will provide the Department with enhanced information technology security services to allow classified information to be shared across the Department and with the Intelligence Community. The Committee expects the Department to allocate not less than $5,000,000 for this project.
Federal Investigation Case Management System (FICMS).--The Committee understands that the Administration is working to create a common information technology case management architecture to facilitate information sharing across all Federal law enforcement agencies. The Committee directs that the Department's participation in this effort be managed by the Office of Chief Information Officer.
Unified Financial Management System Program.--This program will improve the Department's management of its funding and address independent auditors concerns regarding the Department's current outdated financial systems.
Department IT Investment Review Board (DIRB).--The Committee appreciates the efforts of the DIRB, which is chaired by the Deputy Attorney General, to improve oversight of the Department's new major information technology programs including the Federal Bureau of Investigation's (FBI) SENTINEL program. In order to ensure accountability in the Department's information technology programs and prevent a failure similar to the FBI's Virtual Case Files project, the recommendation includes new language under section 110. Before funding is spent on major information technology programs, the Deputy Attorney General and DIRB must certify to the Committees on Appropriations that appropriate program management and contractor oversight mechanisms are in place, and that each program is compatible with the Department's enterprise architecture.
TACTICAL WIRELESS COMMUNICATIONS FOR FEDERAL LAW ENFORCEMENT
The Committee recommends $89,000,000 for this account, which is $149,000 above the current year and $217,000 below the request. The purpose of this account is to provide radios and wireless communications capabilities for Federal law enforcement and manage the Department's efforts to comply with the National Telecommunications and Information Administration narrowband mandates. This account funds component legacy network requirements, operations of the Wireless Management Office, and the acquisition of new equipment and services.
In addition, this account funds the Integrated Wireless Network, which is a partnership between the Departments of Justice, Homeland Security and Treasury to modernize and enhance the existing stove-piped agency-specific radio systems that support Federal law enforcement, homeland security and disaster response. The Committee understands that a successful pilot has been implemented in Seattle, WA. During fiscal year 2007, the program will be expanded further in the Northwest and will continue efforts in the Southwest. This program is critical to improve radio communication interoperability and agent safety.
ADMINISTRATIVE REVIEW AND APEALS
The Committee recommends $229,152,000 for this account, which is $16,222,000 above the current year and $60,000 below the request.
This appropriation supports the Executive Office of Immigration Review (EOIR), which includes the Board of Immigration Appeals, Immigration Judges, and Administrative Law Judges who decide through administrative hearings on the admission or exclusion of aliens seeking to enter the country, and the transportation and adjustment of status of aliens whose status has been challenged; and the Office of the Pardon Attorney, which receives, investigates and considers petitions for all forms of Executive clemency.
The recommendation fully funds the request for EOIR of $226,883,000. This includes a program increase of $8,757,000 to meet additional caseload requirements as a result of increase immigration enforcement. Within the amount provided, the Committee directs the EOIR to establish courts at three additional locations based on EOIR's highest priority needs.
In addition, the recommendation includes $2,269,000 for the Office of the Pardon Attorney.
DETENTION TRUSTEE
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends total spending authority of $1,331,026,000 for the Federal Detention Trustee for fiscal year 2007, which is $124,634,000 above the level provided in fiscal year 2006 and $1,300,000 below the request. The recommendation includes increases for inflationary adjustments and for the anticipated daily cost of an increase in the number of Federal detainees housed in Federal, State, local, and private detention facilities. The recommendation includes the requested transfer of $27,935,000 associated with the cost of transporting prisoners. These funds were previously appropriated under the United States Marshals Service account.
The Committee encourages the Department to continue to examine the entire Federal detention process from arrest to incarceration to find ways to contain costs. The Committee applauds the efforts of the Detention Trustee to develop the e-Designate system and to identify additional systemic improvements to reduce the time from sentencing to commitment. The Committee expects this program to be extended to all 94 judicial districts.
The recommendation deletes language, as requested, regarding oversight of housing related to detention. Language is also deleted regarding the Detention Trustee's role in the Justice Prisoner and Alien Transportation System.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $70,558,000 for the Office of Inspector General (OIG), which is $2,636,000 above the current year and equal to the request. The Committee appreciates the OIG's efforts to work closely with the Federal Bureau of Investigation (FBI) on the development of their new case management system, SENTINEL. The Committee directs the OIG to continue this close relationship with the FBI and to provide regular updates to the Committee on the financial and programmatic status of SENTINEL.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
The Committee recommends $11,500,000 for the United States Parole Commission, which is $641,000 above the current year and $451,000 below the request.
This Commission is an independent body within the Department of Justice that makes decisions regarding requests for parole of Federal offenders who committed an offense before November 1, 1987, and District of Columbia Code offenders who committed an offense before August 5, 2005. In addition, the Commission has jurisdiction over the conditions of supervision of District of Columbia Code offenders who committed an offense after August 5, 2005, and certain other offenders.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends a total of $668,739,000 for General Legal Activities, which is $15,234,000 above the current year and $15,585,000 below the request. As requested, the recommendation transfers 74 FTE and $13,372,000 from this account to the newly authorized National Security Division.
This appropriation supports the Attorney General through the establishment of litigation policy, conduct of litigation, and various other legal responsibilities. The distribution of funding provided is as follows:
GENERAL LEGAL ACTIVITIES
[In thousands of dollars]
------------------------------------------------------
2007 recommendation
------------------------------------------------------
Solicitor General $9,134
Tax Division 83,099
Criminal Division 134,578
Civil Division 209,291
Environment and Natural Resources 93,913
Office of Legal Counsel 6,069
Civil Rights Division 111,310
Interpol--USNCB 20,812
Office of Dispute Resolution 533
Total 668,739
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Criminal Division- The recommendation annualizes the $1,000,000 increase provided in fiscal year 2006 for gang investigations and the $1,000,000 increase provided in fiscal year 2006 to target, prosecute, and seize the assets of those who commit crimes against the youngest and most vulnerable members of society. In addition, the recommendation provides the requested increase of $218,000 for intellectual property rights crime enforcement.
Within the level provided for the Criminal Division, $6,781,000 is provided for the Office of Special Investigations (OSI), which is $500,000 above the level requested. Funds are provided above the request to increase investigations into naturalized U.S. citizens who have committed human rights abuses, such as genocide or torture, outside of the United States.
Civil Rights Division- The recommendation fully funds the Civil Rights Division's efforts to combat human trafficking and the Committee expects the Department to continue submitting yearly updates regarding its efforts to address this horrific crime.
Civil Division- Within the level of funds provided for the Civil Division, the recommendation includes $46,237,000 for the Office of Immigration Litigation (OIL), which is equal to the request. The recommendation provides a program increase of $9,566,000 and 114 positions (86 attorneys) for OIL to address increased workload associated with enhanced immigration enforcement by the Department of Homeland Security.
Within the level of funds provided for the Civil Division, not less than $250,000 shall be available to enforce subsections (a) and (b) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The Committee recommends $6,292,000 for the Vaccine Injury Compensation Trust Fund to cover the Department of Justice's expenses associated with litigating cases under the National Childhood Vaccine Injury Act of 1986. This amount is $40,000 above the enacted level and $41,000 below the request. The Committee expects the Department to have procedures in place that ensure the integrity of Vaccine Injury Compensation matters, and that awards are made to vaccine-injured persons quickly, easily, and with certainty and generosity.
SALARIES AND EXPENSES, NATIONAL SECURITY DIVISION
The recommendation includes $66,970,000 for the National Security Division, as requested. This is a new litigating division authorized by the USA Patriot Improvement and Reauthorization Act of 2006. The National Security Division consolidates the Office of Intelligence Policy and Review, and the Counterterrorism and Counterespionage Sections of the Criminal Division into one litigating division focused solely on national security. The consolidation of these components into a new National Security Division is consistent with the recommendation of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction.
Foreign Agents Registration Act (FARA) Unit.--The Foreign Agents Registration Act requires persons lobbying for foreign governments to register with the Justice Department and disclose their lobbying activities. The purpose of this Act is to insure that the American public and its lawmakers know the source of information or propaganda intended to sway public opinion, policy, and laws. The Committee understands the FARA unit is working to make its records available to the public on the Internet, which will dramatically increase the transparency to the public of companies who are lobbying for foreign governments. The Committee urges the National Security Division to complete this effort, as quickly as possible.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommendation includes $145,915,000 in budget authority for the Antitrust Division, $1,827,000 above the current year and $1,827,000 below the request. This appropriation is offset by $129,000,000 in pre-merger filing fee collections, resulting in a direct appropriation of $16,915,000.
The Division acts on antitrust cases before the Supreme Court, represents the interests of the United States in cases brought under Federal antitrust laws, reviews decisions of regulatory commissions, and prepares and files amicus briefs. Appopriations for both the Division and the Federal Trade Commission are offset by Hart-Scott-Rodino Act pre-merger filing fee collections.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The recommendation provides $1,664,400,000, for U.S. Attorneys, which is $84,835,000 above the enacted level and the same as the request. The recommendation does not adopt the Administration's proposal to rescind $27,000,000 from this appropriation associated with Project SeaHawk, a port security program.
This appropriation supports the Executive Office of U.S. Attorneys and the 94 U.S. Attorney Offices, which serve as the principal litigators for the U.S. Government for criminal, civil, and debt collection matters.
In addition to inflationary and other base funding adjustments, the recommendation includes the following program increases: $7,737,000 and 4 additional positions for counterterrorism investigations and prosecutions; $1,430,000 for replacement and upgraded security equipment; $6,081,000 and 61 additional positions for gang investigations and prosecutions; $842,000 and nine positions (five attorneys) for human trafficking investigations and prosecutions in Northern Virginia; and $2,625,000 and 26 additional positions for child exploitation and obscenity prosecutions. In addition, the recommendation provides a $4,490,000 increase to address U.S. Attorneys' highest priority needs including the prosecution of human traffickers referred to as `coyotes' and other criminal aliens, methamphetamine traffickers, and identity thieves. The Committee expects the Department to reallocate resources, if necessary, to address these priority areas in accordance with the reprogramming procedures outlined in section 605 of this Act.
UNITED STATES TRUSTEE SYSTEM FUND
The recommendation provides $223,447,000 for the U.S. Trustees Program (USTP), to be entirely funded from offsetting collections. The amount recommended is $11,783,000 above the current year and $12,669,000 below the request. The mission of the USTP is to promote integrity and efficiency in the nation's bankruptcy system by enforcing bankruptcy laws, and providing oversight of private trustees. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Public Law 109-8) provides the USTP with important new statutory tools to identify and civilly prosecute misconduct by debtors and others who misuse the bankruptcy system.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $1,431,000 for the Foreign Claims Settlement Commission, which is $128,000 above the enacted level and $128,000 below the request.
The Commission settles claims of American citizens arising out of nationalization, expropriation, or other takings of their properties and interests by foreign governments.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
The Committee recommends $825,924,000 for the United States Marshals Service (USMS). The recommendation is equal to the request and $25,252,000 above the current year, including supplemental and construction funds.
The recommendation adopts the requested transfer of $27,935,000 from this account to the Office of the Federal Detention Trustee account and merges the Construction account with the Salaries and Expenses account, as requested. In addition to inflationary and other base adjustments, the recommendation includes the following program changes: (1) a $4,612,000 increase and 37 additional positions for protection of the judicial process; (2) a $6,426,000 increase and 14 additional positions for information technology improvements; (3) a $1,834,000 increase and 15 additional positions for improved financial management and oversight; (4) a $533,000 increase and 5 additional positions for the Witness Security Program; (5) a $214,000 increase and 2 additional positions for the Marshals Service Tactical Operations Center--Special Operations Group; and (5) a decrease of $9,414,000 in requested program offsets.
FEES AND EXPENSES OF WITNESSES
The recommendation provides such sums as are necessary for Fees and Expenses of Witnesses account. This appropriation, which is considered mandatory for scorekeeping purposes, provides for fees and expenses of witnesses who appear on behalf of the Government in cases in which the United States is a party, including fact and expert witnesses, mental competency examinations, and witness/informant protection. The Congressional Budget Office estimates this account will require $171,000,000 in new budget authority in fiscal year 2007.
The Committee recommends bill language, which allows: (1) up to $1,000,000 for the purchase and maintenance of armored vehicles for prisoner transportation; (2) up to $9,000,000 for installation, operation, and upgrade of a secure automated network and secure telecommunications equipment; and (3) up to $10,000,000 for construction of protected witness safesites.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The Committee recommends $9,882,000 for the Community Relations Service, which is $346,000 above the enacted level and $347,000 below the request. The Community Relations Service was established by Title X of the Civil Rights Act of 1964 to provide assistance to communities in resolving disagreements arising from discriminatory practices.
The Committee recommends bill language allowing the Attorney General to provide additional resources for the Community Relations Service, if emergent circumstances exist, through the transfer of funds from other Department of Justice programs, subject to the requirements of section 605 of this Act.
ASSETS FORFEITURE FUND
The Committee recommends $21,202,000 for the Assets Forfeiture Fund, which is $8,000 above the enacted level and $9,000 below the request.
This account provides funds for additional investigative expenses of the FBI, DEA, ATF, and USMS, such as purchase of evidence and investigative expenses leading to seizure. Funds for these activities are provided from receipts in the Assets Forfeiture Fund resulting from the forfeiture of assets. Expenses related to the management and disposal of assets are also provided from receipts in the Assets Forfeiture Fund by a permanent indefinite appropriation.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The recommendation provides $498,457,000 for the Organized Crime and Drug Enforcement Task Forces (OCDETF) account. This program was created in 1982 to ensure a coordinated, multi-agency approach to attacking and dismantling high-level drug enterprises. Through its nine regional task forces, this program utilizes the combined resources and expertise of its Federal agency members, in cooperation with State and local investigators and prosecutors, to target and destroy major drug trafficking and money laundering organizations.
The recommendation fully funds the request for participating Department of Justice agencies. The recommendation does not transfer the High Intensity Drug Trafficking Areas program from the Office of National Drug Control Policy to this account, as proposed in the budget request.
The recommendation provides the following amounts to reimburse agencies for their costs of participating in OCDETF task forces:
REIMBURSEMENT BY AGENCY
[In thousands of dollars]
-------------------------------------------------------------
Amount
-------------------------------------------------------------
Drug Enforcement Administration $197,451
Federal Bureau of Investigation 136,945
United States Marshals Service 8,452
Bureau of Alcohol, Tobacco, Firearms and Explosives 11,392
United States Attorneys 131,820
Criminal Division 2,701
Tax Division 981
Administrative Office/Fusion Center 8,715
Total 498,457
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FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
The Committee recommends $5,959,628,000 for the Federal Bureau of Investigation's (FBI) Salaries and Expenses account, which is $29,030,000 below the request and $259,059,000 above the current year.
FBI Transformation.--The Committee appreciates the efforts of the Director and the men and women of the FBI to transform the agency from one whose primary mission was investigating crimes to one whose top priority is preventing terrorism. Since the September 11th attacks, the Committee has called upon the assistance of the Government Accountability Office (GAO), the National Academy of Public Administration (NAPA), the Justice Department Office of Inspector General (OIG), the Congressional Research Service (CRS), and the Committee's Surveys and Investigations staff to review FBI operations and make recommendations for improvement. The Committee appreciates the FBI's willingness to work with these organizations and expects the FBI to continue to work with these organizations during fiscal year 2007. The FBI is directed to continue to provide the Committee with quarterly updates on its transformation activities in fiscal year 2007.
Chief Operating Officer.--The Committee believes that the FBI should create a Chief Operating Officer to manage the day-to-day activities of the FBI, allowing the Director and the Deputy Director more time to focus on investigations and long-term strategic management issues. The Committee encourages the FBI to create this position as soon as possible.
Adjustments to Base.--The recommendation includes all requested adjustments to base except those outlined below. In addition, the recommendation includes requested transfers with the National Counterterrorism Center, the Office of the Director of National Intelligence, and the Drug Enforcement Administration.
The recommendation rejects the Administration's proposal to non-recur the $5,000,000 increase provided in fiscal year 2006 for additional Safe Streets Task Forces to combat gangs. The Committee remains concerned about the Administration's lack of commitment to provide the necessary resources to address gang violence.
The recommendation rejects the Administration's proposal to non-recur the $5,000,000 increase provided in fiscal year 2006 for intelligence training only to ask for a $5,000,000 program increase for the same purpose. This is a budget gimmick used to artificially inflate the amount of program increases requested for intelligence training without actually providing any additional resources. The Committee expects the Administration to discontinue the use of such disingenuous proposals in future budget requests.
The recommendation also rejects the Administration's proposal to non-recur a $4,600,000 increase provided in fiscal year 2006 for the FBI's Sensitive But Unclassified Network (SBUNet). The Committee finds the Administration's proposal to reduce funding for this program bewildering and irresponsible. The Committee believes that access to the Internet and unclassified e-mail enhances employees' ability to obtain, share and disseminate information. The Committee understands that by the end of fiscal year 2006 most FBI employees will have access to a SBUNet account but that less that 20 percent of FBI employees will have Internet and unclassified e-mail on their desktop. The Committee directs the FBI to continue to expand employee access to SBUNet.
In addition, the recommendation transfers $29,030,000 requested in this account for alterations to create additional sensitive compartmented information facilities (SCIF) space to the Construction account. The Committee is puzzled that the Administration's budget request includes $29,030,000 for build-out costs to expand SCIF space in this account and $33,191,000 for the same purpose in the Construction account. The recommendation consolidates all of the funding provided for additional SCIF space into the Construction account in order to increase efficiency and accountability.
Program Changes.--The recommendation provides the following program changes: (1) a $15,078,000 increase for intelligence infrastructure requirements; (2) a $16,009,000 increase and 57 additional positions for intelligence operations and production enhancements; (3) a $1,000,000 increase for implementation of an intelligence officer certification program; (4) a $6,666,000 increase for Law Enforcement Online to enhance information sharing to all levels of law enforcement; (5) a $24,700,000 increase and 15 positions for enhanced counterterrorism response capabilities including $15,000,000 for a radiological evidence examination facility; (6) a $13,799,000 increase for additional headquarters space and facility infrastructure; (7) a $100,000,000 increase for SENTINEL, the FBI's new case management system; (8) a $10,000,000 increase and 2 positions for information technology infrastructure; (9) a $2,572,000 increase and 1 position for information technology program management; (10) a $10,000,000 reduction for travel and conferences; (11) a $22,762,000 increase for Next Generation Integrated (NGI) Automated Fingerprint Identification System (IAFIS) and the integration of this system with the Department of Homeland Security's Automated Biometric Identification System (IDENT); (12) a $22,500,000 increase and 167 positions (100 agents) for field counterterrorism and counterintelligence investigations to address existing and emerging threats; (13) a $2,000,000 increase and 10 positions for the Center for Operational Innovation; (14) a $1,000,000 increase for organized retail theft enforcement; (15) a $2,000,000 increase for intellectual property rights enforcement; (16) a $1,448,000 increase and 20 additional positions for headquarters administrative support in finance, budget, facilities, and human resources; (17) a $5,000,000 increase for the Innocent Images program; (18) a $5,000,000 increase for retention and recruitment programs; and (19) a $1,000,000 increase and 5 additional agents for the Innocence Lost program.
SENTINEL.--A new case management system for the FBI is critically needed to modernize and transform the FBI. The National Commission on Terrorist Attacks Upon the United States, the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, the OIG and NAPA have all identified the FBI's information technology capabilities as inadequate. Therefore, the recommendation includes $100,000,000, as requested, for SENTINEL, the FBI's new case management system. However, the Committee wants to ensure that the information technology failures that occurred in the FBI's last attempt to develop new case management system are not repeated.
The Committee has been encouraged that the FBI has learned from its previous failures. In a study released last year, the Committee's Surveys and Investigations staff found that the FBI has strengthened its Office of the Chief Information Officer and has developed program management initiatives which should enable it to better manage and oversee its future information technology efforts. In March, the OIG released a report on SENTINEL stating that `we believe the FBI has adequately planned for the project and this planning provides reasonable assurance that the FBI can successfully complete SENTINEL if the processes and controls are implemented as intended.'
However, the Committee wants to ensure the program stays on track and directs the OIG to continue to work closely with FBI and to provide regular updates to the Committee on the financial and programmatic status of SENTINEL. In addition, the Committee includes section 110, which requires that before funding is spent on SENTINEL, the Deputy Attorney General and Department IT Investment Review Board certify to the Committees on Appropriations that appropriate program management and contractor oversight mechanisms are in place, and that SENTINEL is compatible with the Department's enterprise architecture.
Center for Operational Innovation.--The recommendation includes a $2,000,000 increase and 10 positions to create a Center for Operational Innovation to research, develop, and prototype unconventional and novel methods to collect and analyze intelligence, and disrupt threats to national security. The Center shall be staffed with experts on intelligence operations from the FBI, other government agencies, the private sector, and academia.
Intellectual Property Rights Enforcement.--The recommendation provides not less than $13,000,000 for intellectual property rights enforcement. Within the level of funds provided, the FBI is directed to increase the number of agents supporting U.S. Attorneys' Computer Hacking and Intellectual Property Rights units in the field, and increase the number of agents assigned to headquarters to support the Criminal Division's Computer Crime and Intellectual Property section and the National Intellectual Property Rights Coordination Center.
Organized Retail Theft.--The Committee understands that organized retail theft is estimated to cause approximately $15 billion in annual loses to the retail market. In order to address these crimes, the FBI established an Organized Retail Theft Initiative in 2003 to work with State and local law enforcement and corporate security entities to address these crimes. The Committee further understands that the FBI and the National Retail Federation have been working together to create an intelligence network to share and analyze organized retail theft intelligence. In addition to the resources already dedicated to the Organized Retail Theft Initiative, the recommendation includes a $1 million increase. The Committee also directs the FBI to ensure that the Law Enforcement Online program is maximizing the sharing of organized retail theft intelligence and analysis throughout law enforcement. In addition, the Committee directs the Department ensure the maximum sharing of intelligence and analysis of organized retail theft in the development of the N-DEx and R-DEx information sharing systems.
Innocent Images.--The Innocent Images National Initiative is an intelligence-driven, proactive, multi-agency investigative operation to combat the proliferation of child pornography and child sexual exploitation facilitated by an online computer. The program provides centralized coordination and analysis of case information that by its very nature is national and international in scope, requiring unprecedented coordination with State, local, and international governments, and among FBI field offices and Legal Attaches. The recommendation provides an increase of $5,000,000 for the FBI's highest priority needs to address these horrific crimes.
Innocence Lost.--According to some estimates, as many as 17,000 victims are trafficked into the United States each year, many of which are women and children who are forced to work in the sex industry, and in prison-like facilities. In order to begin to address this issue, the FBI established 14 Innocence Lost task forces. The recommendation fully funds the continued needs of the 14 existing task forces and encourages the FBI to continue to expand its efforts to combat human trafficking, prostitution and sexual exploitation. In addition, the recommendation includes a $1,000,000 increase and 5 additional agents to establish a human trafficking task force in Northern Virginia.
NGI-IAFIS and IDENT/IAFIS Interoperability.--The Committee supports the FBI's efforts to improve the speed and accuracy of IAFIS, expand the data available in the system, and improve its latent print capabilities. The Committee also supports the FBI's efforts to make the FBI's IAFIS system and Department of Homeland Security's IDENT system fully interoperable. The recommendation provides a $22,762,000 increase for these projects. In addition, the Committee directs the FBI to use not less than $48,376,000 from excess user fee collections for various Criminal Justice Information Services programs for these initiatives. The Committee expects the FBI to maintain the fees charged for non-criminal fingerprint checks at a level that will ensure that fee balances are available to continue to modernize IAFIS.
National Name Check Program.--In fiscal year 2006, the Committee included language directing the FBI to conduct a fee review of background checks for United States Citizenship and Immigration Service (USCIS). The Committee understands that there remains a significant backlog in the processing of background checks for USCIS and other organizations. The Committee expects FBI to work with these agencies to ensure that sufficient resources are made available to eliminate the backlog as soon as possible. The Committee expects the FBI to set the name check fee at a level that adequately covers the cost to conduct requested background checks, eliminates the backlog and improves the efficiency of the information technology systems used to conduct the checks.
Retention and Recruitment.--The recommendation includes $40,000,000 for retention and recruitment programs, which is a $5,000,000 increase above the current year. This funding is provided to expand retention and recruitment programs such as: retention, recruitment and relocation bonuses; creation of critical pay positions in areas such as intelligence analysts, agents, information technology experts and other specialized positions; and the University Education Program. The Committee directs the FBI to continue to work with NAPA during fiscal year 2007 to improve human resources management, including implementing an effective organizational structure, successful retention and recruitment programs, and successful leadership development programs.
Training.--As the Committee has directed in previous years, analysts should have joint training with agents and personnel from other Intelligence Community agencies. The Committee expects the FBI to continue to expand the University Education Program, the Sabbatical Program, the Fellows Program and the use of the Foreign Service Institute.
The recommendation does not adopt the Administration's proposal to permanently transfer 300 agents from the criminal program to counterterrorism. Counterterrorism is the FBI's highest priority and the Committee will continue to support the FBI's use of criminal agents on counterterrorism and counterintelligence matters as needed. The Committee believes that if additional counterterrorism agents are needed the Administration should request funding for these positions. The Committee's recommendation includes funding for 100 additional national security agents that were not requested.
The Committee understands that mortgage fraud is a growing problem and expects the FBI to continue its efforts to address it.
CONSTRUCTION
The Committee recommends $80,422,000 for the FBI's Construction account, which is $43,294,000 above the current year and $29,030,000 above the request.
Sensitive Compartmented Information Facilities (SCIFs).--The recommendation includes $62,221,000 to expand available SCIF space for secure work environments, including all associated build-out costs. As discussed in the previous section, the recommendation moves $29,030,000 requested in the Salaries and Expenses account for this purpose to this account. The Committee is puzzled that the Administration's budget request includes $29,030,000 for alterations to expand SCIF space in the Salaries and Expenses account and $33,191,000 for the same purpose in this account. The recommendation consolidates all of the funding provided for additional SCIF space into the Construction account in order to increase efficiency and accountability. This additional space is critically needed to allow counterterrorism and counterintelligence agents and analysts to exchange sensitive information throughout the Intelligence Community.
Center for Intelligence Training.--Most of the FBI Academy's facilities were designed in the late 1960s to accommodate small groups in a traditional classroom setting. However, given the FBI's growth and new mission requirements, the Academy's current facilities are inadequate to provide comprehensive intelligence training for agents and analysts. Therefore, the recommendation includes $6,311,000 for intelligence training facility enhancements.
Critical Incident Response Group (CIRG) Space.--The recommendation provides $9,890,000 for the improvement of the CIRG facilities. With the significant growth in CIRG mission requirements and staff since September 11th, improvement to the current facilities is required.
Central Records Complex.--The recommendation includes $2,000,000 for equipment and other necessary costs for the establishment of a modern state-of-the-art records management center. The Committee understands that consolidation of records and collocation of records management personnel will achieve business process efficiencies and personnel savings and will make more space available in the FBI headquarters building, allowing the FBI to reduce leased space in the Washington, D.C. metropolitan area, and making available needed space in the field as the number of FBI staff continues to increase.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
The Committee recommends total budget authority of $1,963,569,000 for the Drug Enforcement Administration (DEA), of which $212,078,000 is derived from fees deposited in the Diversion Control Fund, resulting in a direct appropriation of $1,751,491,000. The recommended appropriation is $76,573,000 above the enacted level including supplementals and $15,000,000 above the request.
In addition to providing inflationary and other costs to maintain the current operating level, the recommendation includes the following program increases: (1) $4,000,000 for the Foreign-deployed Advisory Support Teams (FAST) operating in Afghanistan; (2) $1,000,000 for international methamphetamine investigations; (3) $1,000,000 for Operation Panama Express; and (4) $11,981,000 and 57 positions for Intelligence Community support.
Demand Reduction--Mobile Enforcement Teams (MET).--The recommendation includes $4,649,000 for the Demand Reduction program instead of eliminating the program as proposed in the budget request. The Committee is disappointed that the Administration continues to propose to eliminate this program that provides a law enforcement perspective to prevention groups and community coalitions at the national and local level in the development and assessment of anti-drug strategies and initiatives.
The recommendation includes $37,746,000 for the MET program, which is $17,168,000 above the level requested. MET teams are deployed on a temporary basis to assist State and local law enforcement in areas that have been overrun with drug-related violent crime. The Committee is very disappointed that the Administration once again proposed a significant reduction to this program to reduce drug-related violence throughout the country.
The Committee is discouraged that the Administration does not support the concept of Federal law enforcement working cooperatively with communities to address drug trafficking and abuse, and hopes that future budget requests will not continue to propose reductions to these important programs.
Methamphetamine (meth).--According to the National Association of Counties, 58 percent of counties ranked meth as their number one drug problem and it is estimated that there are 583,000 people currently using meth. The Committee is hopeful that new Federal laws controlling meth precursor chemicals will dramatically reduce the number of small toxic labs operating in the country. However, the Committee understands that super labs operated by international drug trafficking organizations are supplying the majority of meth in America. The Committee is supportive of DEA's efforts to partner with the Mexican government to fight meth trafficking, including training Mexican law enforcement to establish meth enforcement teams, providing clandestine lab equipment to Mexican law enforcement, exchanging diversion control staff, and improving intelligence sharing. In addition, the Committee strongly supports the border task forces DEA has established to specifically focus on meth trafficking across the Southwest border, and DEA's partnership with the Customs and Border Protection Service to target suspicious cargo that could be related to meth production and trafficking. The recommendation includes $1,000,000 above the request to support DEA's efforts to combat international meth trafficking organizations.
In addition, the recommendation provides $20,000,000 under the Office of Justice Programs for DEA to assist State and local law enforcement with proper removal and disposal of hazardous materials at clandestine meth labs, including funding for training, technical assistance, a container program, and purchase of equipment to adequately remove and store hazardous material.
The Committee also supports DEA's effort to create a web site of the addresses of properties where meth labs or chemical dumpsites have been found. The web site will provide owners and renters with notice that a property may once have been used to produce meth and that there may be potential toxic hazards within the property.
Furthermore, the Committee understands that the new clandestine lab training facility at the DEA Academy will be completed in the fall of 2007. This new facility, funded by the Committee in fiscal year 2005, will improve DEA's ability to train Federal, State, local and foreign law enforcement on the latest techniques in clandestine lab detection, enforcement and safety. Since 1998, DEA has trained approximately 10,500 law enforcement personnel to conduct investigations and safely dismantle seized meth labs.
Diversion Control Fee Account.--The recommendation includes $212,078,000 for this account, which is $10,405,000 above the current year. In addition to inflationary and other base adjustments, the recommendation includes a program increase of $3,363,000 for 33 additional intelligence analysts.
During 2004, an estimated 6 million Americans abused prescription drugs. The additional intelligence analysts funded in this recommendation will improve DEA's ability to dismantle organizations trafficking prescription drugs. In addition, the recommendation includes $10,000,000 for a prescription drug monitoring program under the Office of Justice Programs.
The Committee remains disappointed in the Administration's lack of effort to comprehensively address prescription drug abuse, especially its continued resistance to allowing law enforcement to participate in the approval of labeling, promotion and risk management plans for new drugs to prevent another drug like OxyContin from being inappropriately marketed.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
The recommendation includes a total of $980,128,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which is $48,311,000 above the enacted level including supplements and equal to the budget request. The recommendation includes authority to collect $30,000,000 in explosives fees instead of $120,000,000 as proposed in the budget request.
In addition to funding inflationary and other base adjustments, the recommendation includes a $16,000,000 increase to establish additional Violent Crime Impact Teams (VCITs). The Committee appreciates ATF's work to combat gang violence and expects ATF to continue these efforts.
The Committee directs the ATF to submit a financial plan outlining the allocation of funding provided in this Act in accordance with the procedures outlined in section 605 of this Act. The financial plan shall describe the level of funding proposed to be used for the new ATF Headquarters building. In addition, the Committee directs that the financial plan provide sufficient funding for the effective operation of the National Integrated Ballistic Information Network.
The Committee has heard reports that ATF has pursued license revocations and denials against firearms dealers based on violations that consist largely of recordkeeping errors of various types that are unlikely to impede tracing investigations or prosecution of individuals who use firearms in crime. The Committee encourages ATF to focus its efforts on cases where licensees commit serious, material violations of known legal duties. The Committee urges ATF to examine its regulations, forms and recordkeeping requirements to prevent inadvertent violations by licensees.
The Committee understands that the Office of Inspector General (OIG) is planning a review of ATF's administration of the National Firearms Act and its management of the National Firearms Registration and Transfer Record. The Committee supports the OIG's plans to conduct this review.
The Committee has heard concerns that ATF regulations on firearm possession by nonimmigrant aliens, combined with policies of other Federal agencies, creates unnecessary hardship for legitimate foreign sport shooters and hunters who wish to travel through the United States on the way to other destinations. The Committee expects ATF to work with other relevant agencies to devise a regulatory solution to this problem, consistent with legitimate security and border enforcement concerns.
The Committee understands that during a disaster, ATF agents do not have authority to temporarily or permanently seize firearms in the possession of a person who is not prohibited under Federal or State law from possessing a firearm. The Committee expects ATF to continue to act only within existing authorities.
The Committee recommends bill language similar to previous years and the budget request, that: (1) prohibits funding for consolidating or centralizing certain records; (2) prohibits funding to amend the definition of `Curios or relics'; (3) prohibits funding for investigating or acting upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c); (4) makes funding available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 18 U.S.C. 925(c); (5) prohibits funding to transfer the functions, missions or activities of the ATF to other agencies or Departments; (6) prohibits funds from being used to disclose certain firearms trace data; (7) prohibits funds to promulgate or implement any rule requiring a physical inventory of any business licensed under 18 U.S.C. 923; (8) prohibits funding to be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code; and (9) prohibits funds to deny an application for a license under 18 U.S.C. 923 or renewal of such a license due to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
The Committee recommends a fiscal year 2007 appropriation of $4,987,059,000 for the salaries and expenses of the Federal Prison System, which is the same as the request and $156,898,000 above the fiscal year 2006 level.
The Committee continues to be concerned about the Administration's annual budget requests for the Federal Prison System. Recent requests have been predicated on unreasonable assumptions and rescissions of previously appropriated construction funds. The Committee believes that the fiscal year 2007 proposal to rescind prison construction funds is short-sighted since the inmate population is expected to steadily increase and over-crowding is anticipated to remain a significant problem. The Committee is concerned about the safety and morale of staff working in Federal prisons, and therefore believes that bringing additional bed space on-line in a timely manner is critical. The Committee encourages the Administration to look seriously at the needs of the Federal Prison System when it develops its future budget requests.
Activation and Expansion of Prisons.--Within the amount provided, the Committee expects the Bureau of Prisons (BOP) to activate the expanded and new facilities in Otisville, NY, and Pollock, LA. Activating constructed prison facilities remains a priority to the Committee.
Contract Confinement/Intergovernmental Agreements.--The Bureau of Prisons is directed to continue to meet bedspace needs using State, local, and private existing and new prison capacity, as well as renew agreements with local governments housing Federal criminal aliens, if these facilities meet Bureau of Prisons' standards and a fair and reasonable price is offered.
Drug Treatment Programs.--The Committee is aware that more than half of the Federal prison population is incarcerated because of illegal drug activity, and the Committee expects that the BOP will continue the transitional drug treatment program.
Reimbursable Agreement.--The Committee understands that the Department of Justice continues to pursue an agreement with the Department of Homeland Security to reimburse BOP for the costs of criminal alien inmates awaiting deportation. The Committee encourages this action, which would be consistent with reimbursements that are made by States for their inmates who are housed in BOP facilities.
Faith-based prisons.--The recommendation continues funding for eight faith-based prison programs. Within the recommended funding level, the Committee expects that these programs will be fully operational and that an evaluation of the results of these programs will be provided to the Committee within 180 days of enactment of this Act.
National Institute of Corrections (NIC).--To address deficiencies in corrections reporting identified by the U.S. Census Bureau, the Committee encourages the NIC to work with State corrections agencies to develop procedures and systems for collecting and maintaining corrections records.
The Committee recommends bill language, similar to that included in previous Appropriations Acts, which provides: (1) for the purchase of motor vehicles; (2) for the provision of technical advice to foreign governments; (3) for transfer of funds to the Health Resources and Services Administration; (4) for the Director to enter into contracts to furnish health care; (5) up to $6,000 for reception and representation expenses; (6) up to $20,000,000 for contract confinement expenses for the care and security of Cuban and Haitian entrants; and (7) for the Federal Prison System to accept donated property and services. The recommendation modifies the number of new and replacement automobile purchases and includes language, as requested, designating an amount to remain available for two fiscal years.
BUILDINGS AND FACILITIES
The Committee recommends $88,961,000 for fiscal year 2007 for the construction, modernization, maintenance, and repair of prison and detention facilities housing Federal inmates. This amount is the same as the fiscal year 2006 level, not including supplemental appropriations and $28,141,000 below the request for new budget authority. The recommendation does not include a proposed $142,000,000 rescission of funds previously appropriated for new prison construction. The net recommendation for this account is therefore $113,859,000 above the request.
The Committee remains deeply troubled by claims that inmate-on-inmate and inmate-on-staff assaults are increasing. The Committee believes that overcrowding can be a significant contributing factor to this increase in violent activity, and, for this reason, rejects the proposal to rescind balances from prison construction funds.
The Committee recommends bill language, similar to that included in previous Appropriations Acts, which allows: (1) for planning, acquisition of sites, and construction of facilities; (2) for acquisition, remodeling, and equipping facilities by contract or force account; (3) up to $14,000,000 to construct inmate work areas; and (4) for use of prisoner labor.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED
The Committee recommends a limitation on administrative expenses of $2,477,000 for Federal Prison Industries, Incorporated (FPI), for fiscal year 2007, which is $845,000 below the amount designated for fiscal year 2006 and the same as the request. The Committee believes that those who are repaying their debts to society should be provided opportunities to prepare themselves to re-enter the community as functioning citizens. The Committee notes that, unfortunately, FPI's inmate employment has declined by 2,800 since 2001, a 13 percent decrease. The Committee expects the Administration to continue to offer meaningful work opportunities to inmates while respecting the interests of small and medium-sized businesses.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $390,296,000 to support grants under the Violence Against Women Act, which is $8,730,000 above the current year and $43,283,000 above the request. The request includes funding for certain Violence Against Women Prevention and Prosecution Programs under the Justice Assistance heading, but the recommendation continues to include all Violence Against Women Prevention and Prosecution Programs under this heading. The table below displays funding for programs recommended under this heading compared to the level of funds requested for the same activities under this heading and under the Justice Assistance account.
[In thousands of dollars]
-------------------------------------------------------------------------------------------------------
FY 2006 enacted FY 2007 request 1 FY 2007 recommendation
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Violence Against Women Programs:
STOP Grants 184,916 172,990 174,500
(National Institute of Justice--R&D) (5,035) (2,477) (2,477)
(Safe Start Program) (9,872)
(Transitional Housing Assistance) (14,808) (14,862)
Transitional Housing Assistance 14,808
Grants to Encourage Arrest Policies 62,269 55,147 63,075
Rural Domestic Violence Assistance Grants 38,666 38,799 39,166
Violence on College Campuses 8,938 8,969 9,054
Civil Legal Assistance 38,719 45,774 42,000
Elder and Disabled Women 4,482 4,459 4,540
Safe Haven Project 13,717 13,766 13,894
Educ. & Training for Disabled Female Victims 7,064 7,109 7,155
Other Violence Against Women Programs:
CASA (Special Advocates) 11,745 11,750 11,897
Training for Judicial Personnel 2,258 2,263 2,287
Grants for Televised Testimony 973
Training Programs 4,895 4,918 4,958
Stalking Database 2,924 2,924 2,962
Total 381,566 390,296
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Funding included under this heading will continue to provide resources to expand units of law enforcement officers and prosecutors specifically targeting crimes against women, to develop and implement effective arrest and prosecution policies to prevent, identify and respond to violent crimes against women, and to provide much needed victim services including specialized domestic violence court advocates to obtain protection orders.
In response to the authorization contained in The Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162), the Committee recommends an increase of $16,822,000 above the enacted level for the Services, Training, Officers, and Prosecutors (STOP) grant program. These grants are intended to support coordinated community responses to violent crimes against women.
OFFICE OF JUSTICE PROGRAMS
The recommendation includes $2,244,179,000 for the Office of Justice Programs (OJP), which is $1,043,131,000 above the request and $171,932,000 below the current year. The recommended amount includes $65,000,000 in mandatory appropriations for Public Safety Officers Benefits. Again this year, the budget request proposes merging all programs administered by OJP under the Justice Assistance heading. The Committee recommendation retains the account structure used in previous fiscal years and funds State and local law enforcement programs under different appropriation accounts.
JUSTICE ASSISTANCE
The Committee recommends $215,575,000 for the Justice Assistance account, which is $14,679,000 below the enacted level and $818,377,000 below the request. The request proposed merging all OJP programs under this heading, and the Committee's recommendation retains the current year funding structure. The Justice Assistance program includes assistance to States and localities in the form of research, evaluation, and statistics; white collar crime; information sharing; missing children assistance; and Justice for All Act implementation, including victim notification. In addition, funding for the management and administration of all grants provided through OJP is provided under this heading. The table below compares the fiscal year 2007 recommendation to the fiscal year 2007 request for those programs recommended under this account heading.
[In thousands of dollars]
--------------------------------------------------------------------------------------------------
Program FY 2006 enacted FY 2007 request 1 FY 2007 recommendation
--------------------------------------------------------------------------------------------------
National Institute of Justice 54,298 56,241 55,000
Bureau of Justice Statistics 34,553 59,812 36,000
Victim Assistance 8,885
Justice for All Act/Victim Notification 1,974 9,960 10,960
National White Collar Crime Center 8,885 8,000
Regional Info. Sharing System 39,719 39,676 39,676
Management and Administration 34,553 10,466 10,466
Missing Children Program 47,387 50,928 55,473
Total 230,254 215,575
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National Institute of Justice.--The Committee recommendation provides $55,000,000 for the National Institute of Justice (NIJ). In addition, NIJ will receive funding under the Byrne Discretionary program, the Violence Against Women Prevention and Prosecution program, and the DNA Initiative.
NIJ is the Nation's primary source of research and development in the field of criminal justice. NIJ fosters innovation in law enforcement technologies and practices, investigates causes and patterns of crime, and informs the public of research and development findings. The Committee encourages NIJ to work with Federal law enforcement agencies in the development of law enforcement technologies to ensure coordination of research and development efforts.
The recommendation continues the current year level of funding for the NIJ's National Law Enforcement and Corrections Technology Centers. The Committee supports the Border Research and Technology Center and recognizes the important technology assistance and technical information it has provided to Federal, State, and local law enforcement operations in the border region.
Missing Children.--The Committee recommendation provides $55,473,000 for the Missing Children Program for fiscal year 2007, which is $8,086,000 above the enacted level and $4,545,000 above the request. This program provides funds to combat crimes against children, particularly kidnapping and sexual exploitation.
The recommendation includes an increase of $5,000,000 over the request and $6,060,000 over the current year for Internet Crimes Against Children (ICAC) Task Forces and $1,000,000 over the request and $1,113,000 over the current year for the National Center for Missing and Exploited Children (NCMEC) to increase efforts to prevent child on-line exploitation.
The following table displays the Committee's funding recommendation for this program:
MISSING CHILDREN PROGRAM
[In thousands of dollars]
--------------------------------------------------------------------------------------------------
FY 2006 enacted FY 2007 request FY 2007 recommendation
--------------------------------------------------------------------------------------------------
NCMEC 23,693 23,806 24,806
Jimmy Ryce Law Enforcement Training Center 2,962 2,976 2,976
ICAC 14,315 15,375 20,375
AMBER Alert 4,936 4,960 4,960
Missing and Exploited Children Office 1,481 1,488 2,356
Management and Administration 1,928
Unallocated 395
Total 47,387 50,928 55,473
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Regional Information Sharing System.--The Committee recommendation provides $39,676,000 for fiscal year 2007 for the Regional Information Sharing System (RISS), which is $43,000 below the enacted level and the same as the request.
The RISS program maintains six regionally-based information sharing centers throughout the United States, which are connected electronically to form a nationwide network for the automated exchange of crime and terrorism information between Federal, State, and local agencies. The Committee is pleased with the Administration's efforts to integrate RISS with the Law Enforcement On-Line (LEO) program and other information sharing programs. The Committee directs the Department to ensure that other inter-state information sharing systems funded by OJP and COPS utilize existing communications infrastructure and are compatible with RISS and LEO.
Justice for All Act/Victim Notification- The recommendation includes a total of $10,960,000 for activities authorized by the Justice for All Act, Public Law 108-405, to increase enforcement of crime victims' rights, including support for the Statewide Automated Victim Information Notification (SAVIN) program.
White Collar Crime Center- The Committee recommends $8,000,000 for the National White Collar Crime Center, which is $885,000 below the enacted level and $8,000,000 above the request. This program provides training, technical assistance, and investigative support to State and local law enforcement to combat white-collar and economic crimes such as fraud and identity theft.
Management and Administration- The Committee recommendation provides $10,466,000 in direct appropriations for the management and administration of OJP programs, which is $24,087,000 below the enacted level and the same as the request. In addition, consistent with prior practice, reimbursable funding for management and administration costs will be made available from programs administered by OJP from the `Community Oriented Policing Services' account. Further, the Committee notes that remaining management and administration funding will be made available from the `Juvenile Justice Programs' and the `State and Local Law Enforcement Assistance' accounts, and that these funds will be transferred to and merged with the `Justice Assistance' account.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends a total of $1,103,492,000 for State and Local Law Enforcement Assistance programs. This amount is $1,103,492,000 above the request and $149,619,000 below the enacted level. The Committee does not adopt the Administration's proposal to consolidate this appropriation under the Justice Assistance heading.
The table below displays funding for programs recommended under this heading compared to the level of funding requested under the Justice Assistance account for the same activities.
[In thousands of dollars]
--------------------------------------------------------------------------------------------------
FY 2006 enacted FY 2007 request 1 FY 2007 recommendation
--------------------------------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grant 411,159 558,077
(Boys and Girls Clubs) (83,914) 59,512 (75,000)
(National Institute of Justice) (9,872)
(Byrne Discretionary Grants) (115,225)
State Criminal Alien Assistance 399,827 405,000
Southwest Border Prosecutors 29,617 29,757 30,000
Byrne Discretionary Grants 189,255
Victims of Trafficking 9,872 21,488 21,488
State Prison Drug Treatment 9,872 5,000
Drug Courts 9,872 69,186 40,000
Prescription Drug Monitoring 7,404 9,919 10,000
Prison Rape Prevention and Prosecution 17,943 1,984 22,943
Capital Litigation 987 14,879 2,000
Cannabis Eradication 4,936 10,713
Indian Assistance Programs 21,719
Intelligence State and Local Training 9,872 2,000
Missing Alzheimer's Patients 840
Mentally Ill Offender Act 4,936 5,000
Sex Offender Registry 1,984 1,984
What Works 992
Emergency Supplemental 125,000
Total 1,253,111 1,103,492
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Edward Byrne Memorial Justice Assistance Grants Program.--The Committee recommendation includes $558,077,000 for the Edward Byrne Memorial Justice Assistance Grants (JAG) program.
Of the amount provided, $367,852,000 is for the JAG formula grant program authorized by the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162). The recommendation for JAG formula grants is $367,852,000 above the budget request and $50,479,000 over the enacted level.
Funding under this program is authorized for (a) law enforcement programs; (b) prosecution and court programs; (c) prevention and education programs; (d) corrections and community corrections programs; (e) drug treatment and enforcement programs; (f) planning, evaluation, and technology improvement programs; and (g) crime victim and witness programs (other than compensation). Funding is not available for (a) vehicles, vessels, or aircraft; (b) luxury items; (c) real estate; or (d) construction projects.
The formula used for distributing funds under this program allocates 50 percent of funding based on population, and 50 percent based on violent crime rates. The formula allocates 60 percent of funding to States and 40 percent to units of local government.
Of the amount provided, $75,000,000 is for Boys and Girls Clubs, which is $15,488,000 above the request. The Committee provides these funds to deter young people from entering gangs and participating in other criminal activities.
Of the amount provided, $115,225,000 is for discretionary grants to help to improve the functioning of the criminal justice system with an emphasis on drugs, violent crime, and serious offenders. Grants shall be awarded for the same authorized purposes as the Edward Byrne Memorial Justice Assistance Grant program. Within the amounts provided, the Committee expects OJP to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committee on its intentions for each proposal:
Virginia Attorney General's Office for law enforcement initiatives;
Northern Shenandoah Valley Regional Drug Task Force;
The Women's Center in Vienna, VA;
Polaris Project;
Northern Virginia Regional Gang Task Force;
ChildSafeNet in Fairfax County, VA;
Tahirih Justice Center in Falls Chirch, VA;
William and Mary College's Courtroom 21 Project;
Pre-release and post-incarceration services programs for Commonwealth of Virginia;
Court programs in the Commonwealth of Virginia to combat drugs and drug related crime;
Virginia State Police for Gang Education and Community Awareness Program;
Virginia Community Policing Institute;
Securing Emergency Resources Through Volunteer Efforts (SERVE) for a re-entry program;
International Institute for Alcohol Awareness for law enforcement training on liquor law enforcement;
National Association of Town Watch's National Night Out crime prevention program;
National Citizens Crime Prevention Campaign;
National Institute on State Policy on Trafficking of Women and Girls;
Mothers Against Drunk Driving;
Pegasus;
Concordia Parish, LA, Police Jury;
West Carroll Parish, LA, Sheriff's Office;
Texas Border Sheriffs' Coalition;
Texas Governor's Office for Operation Rio Grande;
City of Houston, TX, Violent Criminal Gang Initiative;
Southwest Texas law enforcement initiative;
Rape, Abuse, and Incest National Network;
Operation Blue Ridge Thunder;
Cook County, IL, Cold Case Homicide Unit;
Yancey County, NC, Sheriff's Department;
Tarleton State University for Rural Law Enforcement Information Technology and Anti-Terrorism Service Center;
Coryell County, TX, Sheriff's Department;
Grass Valley, CA, for a law enforcement initiative;
Women's Center of Tarrant County, TX;
Ohio State Patrol;
Clark, Greene, Fayette, and Pickaway Counties, OH, for a law enforcement initiative;
University of Central Oklahoma for a law enforcement initiative;
Training Demonstration Program for Oklahoma law enforcement officers;
Enough is Enough;
Moultrie County, GA, Police Department;
Birmingham Family Services in Oakland County, MI;
Michigan Jewish Institute for a law enforcement initiative;
San Bernardino County and Riverside County, CA, Regional Fingerprint Identification Program;
City of Redlands, CA, East Valley Justice Communications Center;
Riverside County, CA, Web Wise Kids Program;
San Bernardino County, CA, for a law enforcement initiative;
City of Redlands, CA, Crime Analysis System;
Midwest Forensics Center at Iowa State University;
Iowa State University for a cyber crime program;
Drug Abuse Resistance Education;
Parents Anonymous;
Advanced Science and Technology Adjudication Resource Center;
Operation UNITE for a drug enforcement, treatment and education program;
London City, KY, Police Department;
Criminal Information Sharing Alliance Network;
Bannock, Bonneville, Madison, and Oneida Counties, ID, for a law enforcement initiative;
New York State Center for Security Technologies;
Warren County, NY, District Attorney's Office;
Saratoga County, NY, District Attorney's Office;
Phoenix House in Delaware County, NY;
Center for Court Innovation;
University of Tennessee Law Enforcement Innovation Center;
Drug Court Program in Chattanooga, TN;
State Attorney Safe Schools Program, FL;
National Forensic Science Technology Center in Largo, FL;
St. Petersburg College for law enforcement training;
Elder Justice Information Center at Stetson University College of Law;
National Clearinghouse for Science and the Law at Stetson University College of Law;
RUSH Task Force in Virginia;
Davis County, UT, for a law enforcement initiative;
Citizens Crime Watch of Florida;
National Association of Court Management;
Inner Harbor, GA, for Children and Families;
Phoenix House, TX;
Kane County, IL, for a mental health court;
Carpentersville, IL, Community Response Team;
City of Springfield, MO, law enforcement initiative;
National Motor Vehicle Title Information System;
Ascension Parish, LA, Law Enforcement Training Center;
Will County, IL, Sheriff's Office for a law enforcement initiative;
Pasco County, FL, Sheriff's Office for a law enforcement initiative;
National Institute of Justice's Cyberscience Laboratory in Rome, NY;
Carroll County, NH, for a law enforcement initiative;
Regional Crime Laboratory at Sam Houston State University;
City of Denton, TX, for a law enforcement initiative;
Midland County, MI, for a court program;
Salt Lake County, UT, Sheriff's Office;
Richmond, VA, Police Department for a law enforcement training program;
Town of Culpeper and County of Culpeper, VA, for a law enforcement and gang violence prevention program;
Page County, VA, for a law enforcement initiative;
Cincinnati, OH, Police Department for a law enforcement initiative;
Laporte County, IN, Sheriff's Department;
City of South Bend, IN, Police Department;
City of High Point, NC, for a law enforcement initiative;
SEARCH Program;
City of Chesapeake, VA, for gang suppression activities;
Action in the Community Through Service in Prince William County, VA;
Vienna, VA, Police Department;
Annandale, VA, Christian Community for Action;
Youth Crime Watch of America;
Oldham County, KY, Sheriffs Office for a law enforcement initiative;
HELP House in Philadelphia, PA;
Greenville, PA, for a law enforcement initiative;
Bucks County, PA, for a gang enforcement initiative;
Indian River Community College for a law enforcement initiative;
New York City, NY, for a law enforcement initiative;
City of Glendale, AZ, for a law enforcement initiative;
Ventura County, CA, Sheriff's Office for a law enforcement initiative;
Hackettstown, NJ, for a law enforcement initiative;
All Kids Count;
National Council of Juvenile Family Court Judges;
City of Nacogdoches, TX, for a law enforcement initiative;
Synergy Domestic Violence Program in Parkville, MO;
American Prosecutors Research Institute;
Minnesota CrimNet;
Gang of One in Charlotte, NC;
Richmond County, NC, for law enforcement equipment;
City of Chandler, AZ, for a law enforcement initiative;
Mesa, AZ, for a law enforcement initiative;
Vincennes University Center for Applied Technology for a law enforcement initiative;
Owen County, IN, for a law enforcement initiative;
Vanderburgh County, IN, for a law enforcement initiative;
City of Greenville, SC, for a law enforcement initiative;
City of Oceanside, CA, for a gang prevention program;
McLean County, IL, for a drug court program;
Currituck, Duplin, and Tyrell, NC, for a law enforcement initiative;
Phoenix House in Westchester County, NY;
Putnam County, NY, for a law enforcement initiative;
National Training Center in Sioux City, IA, for law enforcement training;
Steuben County, NY, for a law enforcement initiative;
Monroe County, NY, for a law enforcement initiative;
Rural Justice Institute at Alfred University in Alfred, NY;
Horizon House, OH;
Atlantic County, NJ, and Cape May County, NJ, for a law enforcement initiative;
Saline, Smith, Kearney and Meade Counties, KS, for a law enforcement initiative;
Weld County, CO, Gang Task Force;
Eastern Colorado Plains Drug Task Force;
Crossroads Safehouse in Fort Collins, CO;
Mecklenburg County, NC, for a law enforcement initiative;
Schoolcraft College, MI, for a law enforcement initiative;
Rutherford County, NC, for a drug interdiction program;
SUNY-Canton for a law enforcement training program;
Central Ohio Drug Enforcement Task Force;
City of Henderson, NV, for law enforcement initiatives;
Las Vegas Metropolitan Police Department for law enforcement initiatives;
Franklin County, OH, for a law enforcement initiative;
Columbus, OH, for a law enforcement initiative;
King County, WA, for law enforcement initiatives;
Broward County, FL, for a law enforcement initiative;
University of Connecticut for a law enforcement initiative;
Dubois County, IN, for a law enforcement initiative;
City of Albuquerque, NM, for a law enforcement initiative;
San Carlos Apache Tribe, AZ, for a law enforcement initiative;
Pinal County, AZ, Sheriff's Office;
Delaware County Community College for a law enforcement initiative;
Chester, PA, for law enforcement initiatives;
City of Abilene and Taylor County, TX, for a law enforcement initiative;
Lavonia, GA, Police Department for a law enforcement initiative;
ACTION Project in San Joaquin Valley, CA;
Buchanan, Jones, and Scott Counties, IA, for a law enforcement initiative;
Texas State University at San Marcos for a law enforcement initiative;
Dona Ana County, NM, for a law enforcement initiative;
MISSING Program in Indiana;
Smith County, MS, for a law enforcement initiative;
Counties of Calhoun and Cleburne, AL, for drug and violent crime task forces;
Talladega County, AL, for a drug task force;
Judicial Education Reference, Information and Technical Transfer, MI;
City of Westminster, CA, for a law enforcement initiative;
Miami Partnership for Action in Communities Task Force for anti-gang initiatives;
Law enforcement training activities in Hughesville, PA;
Eastern Montgomery County, PA, for law enforcement training;
A Child Is Missing, WI;
City of Altoona, PA, Police Department;
Providence House, NJ, for domestic violence programs;
Howell, NJ, for a law enforcement initiative;
National Center for Audio/Video Forensics, CO;
Kern County, CA, for law enforcement activities;
Bakersfield, CA, for gang violence activities;
Columbus, OH, for an anti-gang initiative;
Deschutes County, OR, drug court initiative;
City of Streator, IL, for a law enforcement initiative;
Hilton Head Island and Beaufort County, SC, for a law enforcement initiative;
Phoenix House, Long Island, NY;
Town of Amherst, NY, Police Department;
Town of Greece, NY, Police Department;
Noble County and DeKalb County, IN, for law enforcement initiatives;
Greene County, MO, for law enforcement initiatives;
Honolulu, HI, Youth Challenge Program;
Greater Portland, ME, program for victims of violent crime;
Camden County, NJ, Collaborative Drug Intervention Committees;
California Western School of Law California Innocence Project;
Los Angeles City/County, CA, (CLEAR) anti-gang program;
Calhoun County, GA, Family Connection program for at-risk teenagers;
Parents for Megan's Law, NY;
Suffolk County, NY, Police Department Computer Crimes Section;
Sac and Fox Tribal Police Force, IA;
Pat Thomas Law Enforcement Academy;
Ohio DOVE domestic violence program;
United Way for Southeastern Michigan for recidivism reduction program;
Davidson County, TN, Mental Health Court;
Madison County, AL, for adult, juvenile, family drug court and mental health court;
Madison, AL, Police Department for domestic violence program;
Urban Criminal Justice Research and Training, MD;
Alabama New Options program;
F.A.I.T.H. Inc. to reduce recidivism, IL;
IL New Beginning program;
Neighborhood Re-entry Center, Chicago, IL;
A Child is Missing, CT;
New Haven, CT, Court Team;
University of Connecticut research on crime prevention program;
Collaborative Network Security Development, MI;
Travis County, TX, Sheriff's Office program for at-risk youth;
Duquesne/Carnegie Mellon University cyber crime project;
Homestead Borough, PA, Police Department drug prevention programs;
ALERRT Program;
Johnson County, TX, Police;
Johnson County, TX, Stop the Offender Program;
Somervell County, TX, Police;
East Palo Alto, CA, for a violence and gang prevention initiative;
Ex-offenders program, PA;
FDRC in PA;
Philadelphia, PA, PSR Program to reduce violence in schools;
San Diego County, CA, SAFE Task Force training;
Illinois Comprehensive Domestic Violence Program;
Los Angeles, CA, Community Policing Program;
Phoenix Academy of LA for at-risk youth program;
Children's Home Society of South Dakota;
Prince George's County, MD, State Attorney Office for Rehabilitative Project;
Prince George's County, MD, Victim Advocate program;
Suffolk County, NY, District Attorney Office for Senior Abuse Unit;
Chicago, IL, metropolitan domestic violence program;
Chicago, IL, CAPS program for at-risk youth;
Harris County, TX, Special Crime Task Force;
East Stroudsburg, PA, Cyber Crime and Forensics Institute;
Luzerne County, PA, Drug Court Program;
Northwest, OH, program for at-risk youth;
John Jay College Crime Prevention and Control Center;
RI Family Court for Mental Health Court;
Bridges to Success Transitional Project parolees program;
Safe and Clean Detroit Initiative;
Wayne County, MI, Jail Diversion Assistance Initiative;
East Bay, CA, Community Law Center;
Youth Uprising project for at-risk youth and young adults;
NY Women's Justice Center;
Rockland County, NY, Sheriff's Office for law enforcement equipment;
Westchester and Rockland County, NY, for crime prevention programs;
Westchester County, NY, for criminal intelligence fusion center;
Stoughton, MA, for Community Policing initiative;
NY Education Outreach for at-risk youth and adults;
The Doe Fund;
Hispanic Counseling Center for Mental Health Domestic Violence Program;
Seattle, WA, Police Department for at-risk youth programs;
MA Tech Mission for at-risk youth programs;
NY Domestic Violence Legal Connection;
Unity House of Troy, NY, Victims of Domestic Violence progam;
Solano County, CA, Probation Department;
Fairmont State College program for law enforcement personnel computational tools;
Glenville State College program for criminal justice and overcoming geographical challenges in support of law enforcement communications systems;
National White Collar Crime Center;
Salvation Army of Wheeling, WV, program for domestic violence;
Steganography Analysis Research Center;
West Liberty State College program for law enforcement technology commercialization and corrections training;
West Virginia University programs for law enforcement biometric analysis systems and environments, public safety personnel protection system, and law enforcement information technology and analysis program
Kansas City, KS, Police Department for the Victims Services Unit
Wyandotte County, KS, Neighborhoods NOW program;
John Jay College of Criminal Justice;
Springfield, MA, for law enforcement equipment;
Westfield, MA, law enforcement training program;
WI Alliance for Children and Families;
Berkshire, MA, for law enforcement training;
Back on Track program for at-risk youth;
CA Department of Justice cr