[House Report 112-463]
[From the U.S. Government Printing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-463
======================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2013
_______
May 2, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Wolf, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5326]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for Commerce, Justice, Science, and related
agencies for the fiscal year ending September 30, 2013, and for
other purposes.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Title I--Department of Commerce............................ 2
7
Title II--Department of Justice............................ 21
35
Title III--Science......................................... 58
61
Office of Science and Technology Policy............ 58
61
National Aeronautics and Space Administration...... 59
63
National Science Foundation........................ 68
76
Title IV--Related Agencies................................. 71
81
Commission on Civil Rights......................... 71
81
Equal Employment Opportunity Commission............ 73
82
International Trade Commission..................... 74
82
Legal Services Corporation......................... 74
82
Marine Mammal Commission........................... 76
83
Office of the United States Trade Representative... 76
84
State Justice Institute............................ 76
85
Title V--General Provisions................................ 77
85
Bill Totals
The Committee recommends a total of $51,459,000,000 for the
departments and agencies funded in this bill for fiscal year
2013, including $51,131,000,000 in discretionary budget
authority. This level of discretionary budget authority is
$1,613,000,000, or 3 percent, below fiscal year 2012, and
$731,029,000, or 1.4 percent below the budget request. The
fiscal year 2012 appropriation also included an additional
$200,000,000 in disaster relief assistance. The recommendation
for fiscal year 2013 does not include funding for disaster
relief.
The funding allocation for the fiscal year 2013 bill
reflects the critical need to rein in government expenditures
in the face of record-high deficits. Spending reductions are an
essential component of putting the Nation on the path to
economic recovery, job creation and financial security.
Reductions in discretionary spending such as those included in
the Committee recommendation are one part of the overall effort
that will be required to avoid economic crisis. The Committee
recommendation terminates 37 programs, resulting in savings of
more than $300,000,000 from the fiscal year 2012 level and more
than $140,000,000 from the President's request for these
programs.
Oversight and Budget Review
During its review of the fiscal year 2013 budget request
and execution of appropriations for fiscal year 2012, the
Subcommittee on Commerce, Justice, Science, and Related
Agencies held 11 budget and oversight hearings. In addition to
receiving testimony from Administration officials representing
the departments and agencies funded in this bill, the Committee
received testimony from expert witnesses, Members of Congress
and 57 public witnesses. The Committee hearings are listed
below:
Hearing Hearing date
Attorney General........................................ 2/28/2012
Office of Science and Technology Policy Director........ 2/29/2012
Patent and Trademark Office Director.................... 3/1/2012
National Science Foundation Director.................... 3/6/2012
Bureau of Prisons Director.............................. 3/6/2012
Federal Bureau of Investigation Director................ 3/7/2012
Secretary of Commerce................................... 3/20/2012
National Oceanic and Atmospheric Administration 3/20/2012
Administrator..........................................
National Aeronautics and Space Administration 3/21/2012
Administrator..........................................
Members of Congress and Public Witnesses................ 3/22/2012
U.S. Manufacturing and Job Repatriation................. 3/28/2012
As part of the Committee's oversight and analysis of the
annual budget request from the Administration, the Committee
submitted a number of requests for additional information and
written questions to be answered by the departments and
agencies in support of the underlying budget request. These
materials are important for the Committee in conducting
oversight and making funding recommendations.
In furtherance of this oversight responsibility, the
Committee began in fiscal year 2012 to require the major
agencies funded in this bill to provide information on the
status of balances of appropriations, including amounts that
are: unobligated and uncommitted; committed to contracts,
grants or other planned obligations; and obligated but
unexpended. The Committee found that the agencies cannot, in
all cases, provide a comprehensive picture of the status of
balances.
The accurate and comprehensive reporting of balances
enables the Committee to determine the amount of appropriations
necessary to accomplish program purposes. The Committee directs
the agencies included in section 507 of this Act to take the
necessary administrative actions (including, when necessary,
the reconfiguration of internal accounting systems) to capture
and routinely report this information.
Section 507 requires detailed quarterly reports from the
Departments of Commerce and Justice, the National Aeronautics
and Space Administration (NASA), and the National Science
Foundation (NSF) on the status of unobligated balances,
commitments and obligations, including the source year, or
obligation year, of balances. The Committee expects that agency
reports will show the status of balances at the appropriation
account level, as well as at budget activity or other lower
levels where such levels are reflected in the Committee's
report accompanying an appropriations act.
Major Themes and Initiatives
In the context of reducing overall discretionary spending
in this bill, the Committee's funding recommendations focus
resources on the areas of highest priority, reflecting the
Committee's assessment of national priorities and ongoing
challenges.
Law enforcement and national security.--Defending the
Nation from both internal and external threats remains the
highest priority of the Department of Justice. This bill
demonstrates a commitment to providing essential technological
and human capital to detect, disrupt and deter threats to our
national security. The bill provides $8.3 billion for the
Federal Bureau of Investigation, an increase of $148 million
above fiscal year 2012 and $34 million above the request. This
level includes a program increase of $23 million to prevent and
investigate state-sponsored, terrorist and criminal cyber
intrusions.
American innovation and competitiveness.--Investments in
scientific research are a key to long-term economic growth.
Basic research leads to innovation and improves the
competitiveness of American businesses, leading, in turn, to
positive impacts on the quality of life for all Americans. The
bill includes $7.3 billion for the NSF, including an increase
of $224 million, or 3.9 percent, above fiscal year 2012 for
basic scientific research, and $830 million for research and
standards work at the National Institute of Standards and
Technology (NIST), including $128 million for Manufacturing
Extension Partnerships to increase the competitiveness of the
Nation's manufacturers. An efficient patent process is also
critical for innovation and economic growth. The bill provides
$2.9 billion for the Patent and Trademark Office (PTO), the
full estimate of fee collections for fiscal year 2013, and an
increase of $255 million above fiscal year 2012. Finally, the
bill includes over $1 billion for science, technology,
engineering and math (STEM) education programs across NSF,
NASA, NIST and the National Oceanic and Atmospheric
Administration (NOAA).
Enhancing trade while strengthening enforcement and
national security.--Also critical to the Nation's economic
growth and security are efforts to increase American exports
and enhance trade compliance and enforcement. The bill includes
$468 million for the International Trade Administration, $51
million for the Office of the U.S. Trade Representative and $83
million for the International Trade Commission. In addition,
the bill includes $101 million for the Bureau of Industry and
Security to ensure that sensitive U.S. dual-use goods and
technologies are not misused by proliferators, terrorists and
others working contrary to our national security interests. The
Committee report includes language pursuant to several
conclusions and recommendations of the 2011 Report to the
Congress of the U.S.-China Economic and Security Review
Commission. This language reinforces efforts to understand and
react appropriately to the implications of China's rise for
U.S. economic and national security interests.
Committee Recommendation by Title
Department of Commerce.--In title I of the bill, for the
Department of Commerce, the Committee recommends a total of
$7.7 billion in discretionary budget authority, an increase of
$96 million above fiscal year 2012 and $280 million below the
request. Highlights of the Committee's recommendation include:
$468 million for the International Trade
Administration, an increase of $3 million above fiscal
year 2012;
$2.9 billion for the Patent and Trademark
Office, which is equal to the amount of fee collections
estimated by the Congressional Budget Office, and an
increase of $255 million, or 9.5 percent, above fiscal
year 2012;
$830 million for the National Institute of
Standards and Technology, including an increase of $54
million above fiscal year 2012 for scientific and
technical research, and $128 million for Manufacturing
Extension Partnerships; and
$5 billion for the National Oceanic and
Atmospheric Administration, an increase of $68 million
above fiscal year 2012. The bill supports critical
weather forecasting programs, including $916 million
for Joint Polar Satellite System development, and $22.3
million above the request for National Weather Service
operations.
Department of Justice.--In title II of the bill, for the
Department of Justice, the Committee recommends a total of
$27.1 billion in discretionary budget authority, which is $11
million above fiscal year 2012 and $44 million below the
request. Highlights of the Committee's recommendation include:
$8.3 billion for the Federal Bureau of
Investigation, an increase of $148 million above fiscal
year 2012 and $34 million above the request, including
program increases for national security programs,
investigations of cyber attacks, violent gang crime and
financial and mortgage fraud;
$2.4 billion for the Drug Enforcement
Administration, which is $50 million above fiscal year
2012, including an enhancement of $31 million for
prescription drug abuse regulatory and enforcement
initiatives;
$6.9 billion for the Bureau of Prisons, an
increase of $269 million above fiscal year 2012 to
address overcrowded conditions in Federal prisons; and
$1.8 billion for State and local law
enforcement assistance, including $415 million for
violence against women prevention and prosecution
programs.
Science.--In title III of the bill, for the Office of
Science and Technology Policy (OSTP), NASA and NSF, the
Committee recommends a total of $24.9 billion, which is $75
million above fiscal year 2012 and $178 million below the
request. Highlights of the Committee's recommendation include:
$17.6 billion for the National Aeronautics and
Space Administration, which is $226 million below fiscal year
2012 and $138 million below the request, including:
$3.7 billion for Exploration, including
funding to keep NASA on schedule for upcoming Multi-
Purpose Crew Vehicle and Space Launch System flight
milestones, and to maintain progress on a reconfigured
commercial crew program;
$4 billion for Space Operations, continuing
the closeout of the Space Shuttle program for a savings
of $503 million; and
$5.1 billion for Science programs, including
$1.4 billion for planetary science to ensure the
continuation of critical research and development
programs that were imperiled by the President's
request.
$7.3 billion for the National Science Foundation,
an increase of $299 million above fiscal year 2012 for basic
scientific research and science education programs.
Related agencies.--In title IV of the bill, the Committee
recommends a total of $846 million, a decrease of $10 million
below fiscal year 2012 and $83 million below the request.
Highlights of the Committee's recommendation include:
$328 million for the Legal Services Corporation,
which is $20 million below fiscal year 2012; and
$367 million for the Equal Employment Opportunity
Commission, which is $7 million above fiscal year 2012.
Cybersecurity at Federal Agencies
The security of Federal agency information systems is
essential to protecting national and economic security as well
as ensuring public safety. Safeguarding such systems and the
information they contain has been on the Government
Accountability Office's (GAO) list of high-risk areas since
1997. Risks to such systems include escalating and emerging
threats from around the globe, which are further heightened by
steady advances in the sophistication of attack technology and
the ease of obtaining and using hacking tools.
The Committee directs each department and agency funded in
this bill to submit an annual report to the Committee
describing the cyber attacks and attempted cyber attacks
against such department or agency and their consequences; the
steps taken to prevent, mitigate or otherwise respond to such
attacks; and the cybersecurity policies and procedures in
place, including policies about ensuring safe use of computer
and mobile devices by individual employees. The report shall
include a description of all outreach efforts undertaken to
increase awareness of cybersecurity risks among employees and
contractors. The Committee expects each department and agency
to submit this annual cybersecurity report by February 5, 2013.
In addition, section 516 of the recommended bill requires
the Departments of Commerce and Justice, NASA and NSF to assess
the risk of cyber-espionage or sabotage before acquiring any
information technology system. Further, if those same agencies
plan to acquire systems produced by entities owned, directed or
subsidized by the People's Republic of China, they must first
make a determination that to do so is in the national interest.
Reprogramming and Spending Plan Procedures
Section 505 of the bill contains language concerning the
reprogramming of funds between programs and activities. The
reprogramming process is based on comity between the Congress
and the Executive Branch. This process is intended to provide
departments and agencies sufficient flexibility to meet
changing circumstances and emergent requirements not known at
the time of Congressional review of the budget while preserving
Congressional priorities and intent.
The Committee expects that each department and agency
funded in this bill shall follow the directions set forth in
this bill and the accompanying report, and shall not reallocate
resources or reorganize activities except as provided herein.
Reprogramming procedures shall apply to funds provided in this
bill, unobligated balances from previous appropriations Acts
that are available for obligation or expenditure in fiscal year
2013, and non-appropriated resources such as fee collections
that are used to meet program requirements in fiscal year 2013.
As specified in section 505, the Committee expects that the
Appropriations Subcommittees on Commerce, Justice, Science, and
Related Agencies of the House and Senate will be notified by
letter a minimum of 15 days prior to any reprogramming of funds
that--
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices, programs or
activities;
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
(7) augments existing programs, projects or
activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for
any program, project or activity, or numbers of
personnel by 10 percent; or
(8) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects or
activities as approved by Congress.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. The Committee
further expects any department or agency funded in this bill
which plans a reduction-in-force to notify by letter the
Committee 30 days in advance of the date of any such planned
personnel action.
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. Such relationships are necessary to accomplish the
work of the Committee. While the Committee reserves the right
to call upon all organizations in the departments, agencies and
commissions for information and assistance, the primary contact
between the Committee and these entities must be through the
budget offices and comptroller organizations, or through a
legislative affairs unit designated by the Committee to work on
appropriations and budget matters.
The workload generated in the budget process is large and
growing; therefore, a positive, responsive relationship between
the Committee and the budget and/or comptroller offices is
essential for the Committee to fulfill the Constitutional
appropriations responsibilities of Congress.
Opportunities for Domestic Manufacturers
The Committee directs the Departments of Commerce and
Justice, NASA and NSF each to provide a report to the Committee
on manufactured products they purchase on a regular basis (or
which are purchased on their behalf) that are not currently
manufactured in the United States. An interim report is
required no later than 180 days after enactment of this Act,
with a final report due no later than 365 days after the
enactment of this Act. The final report shall also be shared
with the President's Manufacturing Council and the
Administrator of the Manufacturing Extension Partnership.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends $467,737,000 in total resources
for the programs of the International Trade Administration
(ITA), which is $2,737,000 above fiscal year 2012 and
$58,702,000 below the request. This amount is offset by
$9,439,000 in estimated fee collections, resulting in a direct
appropriation of $458,298,000. Of the amounts provided, funds
are to be distributed as follows; any deviation of funds shall
be subject to the procedures set forth in section 505 of this
Act:
Manufacturing and Services............................ $42,130,000
Market Access and Compliance.......................... 44,683,000
Import Administration................................. 77,296,000
Trade Promotion and the U.S. and Foreign Commercial 277,824,000
Service..............................................
Executive Direction/Administration.................... 24,365,000
Consolidation......................................... -8,000,000
-----------------
Total............................................. $458,298,000
ITA reorganization.--The Committee notes that the budget
request hints at plans for organizational changes at ITA, but
does not propose any specific changes. The Committee encourages
ITA to examine its organizational structure and redirect
resources to key export promotion programs; target emerging
markets; expand market access; and more aggressively enforce
trade agreements. The Committee reminds ITA that any
organizational changes that it intends to effect, including any
plan to consolidate its four business units into three, is
subject to the reprogramming requirements of section 505 of
this Act. Any such notification shall include additional cost
savings that may be identified, and the timeframes for
implementation. Any reorganization should include a description
of ITA's participation in the Interagency Trade Enforcement
Center (ITEC) and how ITA's proposed organizational structure
will enable ITA to most effectively utilize its resources to
expand American business export opportunities and enforce trade
agreements.
Trade Promotion and the U.S. and Foreign Commercial
Service.--The Committee recommends $277,824,000 for Trade
Promotion and the U.S. and Foreign Commercial Service, which is
$8,020,000 above fiscal year 2012 and $40,353,000 below the
amount requested. This increase is in addition to enhancements
provided by the Committee in fiscal year 2012 for the National
Export Initiative. The Committee directs ITA to submit a
deployment plan no later than 90 days after enactment of this
Act for the enhancements provided in fiscal year 2012 and an
additional enhancement provided in fiscal year 2013.
SelectUSA.--The Committee recommends $6,125,000 for the
SelectUSA initiative, which is $3,425,000 more than the fiscal
year 2012 level and $6,125,000 less than the request. The ITA
redirected $2,700,000 in fiscal year 2012 base resources to
provide assistance to States through a new interagency
investment facilitation task force; engage in advocacy and
outreach to promote the United States as the best market for
business operations; and consolidate all information on Federal
programs and services available to companies that operate in
the United States. No later than November 30, 2013, the
Secretary shall report on the location and type of assistance
provided, the State to which firms sought to relocate and why,
as well as the number of foreign firms that actually decided to
locate in the United States as a result of the SelectUSA
process. The Secretary shall notify the Committee promptly if
any foreign direct investment proposals facilitated by
SelectUSA are referred to the Committee on Foreign Investment
in the United States.
Interagency Trade Enforcement Center.--The Administration
proposed the creation of the ITEC in March 2012 to collocate
personnel from ITA, the Office of the U.S. Trade Representative
and other executive branch agencies to improve trade
enforcement. ITA redirected $4,400,000 in base resources during
fiscal year 2012 to support its involvement in this initiative.
The Committee notes that no new authorities were requested to
establish this program and that it is intended to augment
existing capabilities. The Committee is supportive of efforts
to enhance trade enforcement and therefore recommends
$15,075,000 for these activities in fiscal year 2013 to enable
ITA to augment its existing enforcement capabilities. Personnel
from ITA's Import Administration, Market Access and Compliance
and Manufacturing and Services programs will be detailed to the
ITEC during fiscal year 2013 to assist with specific trade
enforcement issues. The Committee directs ITA to submit a
report no later than 180 days after enactment of this Act
describing performance goals, timeframes for achieving these
goals, as well as how ITA intends to support the ITEC in the
context of any future reorganization.
China anti-dumping and countervailing duty activities.--The
Committee includes revised bill language directing ITA to spend
no less than $11,400,000 for China anti-dumping and
countervailing duty enforcement and compliance activities. ITA
shall submit a report to the Committee no later than 120 days
after enactment of this Act detailing the amounts planned and
full time equivalents (FTE) assigned to these activities,
including the organizational unit to which these are assigned.
Any proposed reorganization of ITA shall include information on
how the ITEC will enhance ITA's capability with respect to
pursuing additional cases against China.
Trade enforcement remedies.--The Committee directs ITA, in
cooperation with the Office of the U.S. Trade Representative
and other trade enforcement agencies, to employ all remedies
authorized by World Trade Organization rules to counter the
effects of the Chinese government's extensive subsidies and
their impact on U.S. products and services. The Committee also
directs the Secretary of Commerce, in consultation with other
relevant executive branch agencies, to assess the extent to
which existing laws provide remedies against anticompetitive
actions of Chinese state-owned or state-invested enterprises
operating in the U.S. market. This assessment shall include for
possible consideration additional legal remedies that may be
necessary. The ITA shall submit this report to the Committee no
later than 120 days after enactment of this Act.
Bilateral investment treaties.--The Committee directs ITA
to ensure that any bilateral investment treaty with China
includes language on the principles of nondiscrimination and
competitive neutrality between state-owned enterprises and
other state-invested or state-supported entities and private
enterprises. ITA shall submit a report to the Committee no
later than November 30, 2013, detailing any such treaties and
compliance with this directive.
Chinese investment in the U.S.--The Committee directs ITA
to report annually on Chinese investment in the United States,
including data on investments by Chinese state-owned
enterprises and other state-affiliated entities. The first such
report shall be submitted to the Committee by the end of the
first quarter of fiscal year 2013.
Export.gov--The Committee supports ITA's efforts to upgrade
its website and procure a new customer relationship management
system and directs ITA to fund these upgrades within existing
resources. ITA shall submit a spending plan as soon as
practicable showing what base resources ITA intends to devote
to this process and the timeframes for transitioning to the new
website and system.
Offsetting fee collections.--The Committee notes that a
report on ITA's review of fee-based programs was to be
completed by mid-summer 2011. The Committee directs ITA to
submit this report as soon as possible.
Human rights training.--The Committee directs ITA to
continue to ensure that current and new customer-facing
employees receive human rights training and to report to the
Committee no later than 120 days after enactment of this Act
regarding the number of staff trained during fiscal years 2011
and 2012, a description of this training, and any improvements
or changes ITA has documented as a result of this training.
Support for firms.--The Committee encourages ITA to ensure
that it is providing adequate support and services for women-,
minority- and veteran-owned firms that are seeking assistance
in gaining access to foreign markets for their products and
services. The Committee recognizes that these firms possess
tremendous economic potential if they participate more actively
and effectively in export markets. As such, the Committee urges
ITA to conduct outreach and promotional activities to such
firms to enable them to assist in our trade goals of creating
jobs and increasing exports.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The Committee recommends $101,000,000 for the Bureau of
Industry and Security (BIS), which is the same as fiscal year
2012 and $1,328,000 below the request. Of the amounts provided,
funds are to be distributed as follows; any deviation of funds
shall be subject to the procedures set forth in section 505 of
this Act:
Export Administration................................. $57,083,000
Export Enforcement.................................... 38,623,000
Management and Policy Coordination.................... 5,294,000
-----------------
Total............................................. $101,000,000
Export control reform.--The Committee directs BIS to begin
providing quarterly updates, beginning with the first quarter
of fiscal year 2013, regarding ongoing export control reforms
and process improvements that BIS will incorporate to ensure
that it can conduct due diligence before an export license is
granted and adequately conduct post-sale verification.
Economic Development Administration
The Committee recommends $219,500,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA), which is $238,000,000 below fiscal year
2012 and $219,000 below the request. The fiscal year 2012
appropriation included $200,000,000 for disaster assistance for
areas that received a disaster designation in fiscal year 2011.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee recommends $182,000,000 for Economic
Development Assistance programs, which is $38,000,000 below the
comparable non-disaster fiscal year 2012 level and the same as
the request. The Committee expects EDA to continue its efforts
to assist communities impacted by economic dislocations in the
coal and timber industries at no less than the fiscal year 2006
level, and to prioritize assistance to distressed rural
communities. The Committee also directs EDA to ensure that
grant decision-making authority is maintained in the regional
offices. Of the amounts provided, funds are to be distributed
as follows; any deviation of funds shall be subject to the
procedures set forth in section 505 of this Act:
Public Works.......................................... $85,500,000
Planning.............................................. 27,000,000
Technical Assistance.................................. 12,000,000
Research and Evaluation............................... 1,500,000
Trade Adjustment Assistance........................... 15,800,000
Economic Adjustment Assistance........................ 40,200,000
-----------------
Total............................................. $182,000,000
Repatriation grants.--Of the amount provided for Economic
Adjustment Assistance, EDA shall use no less than $5,000,000 to
continue efforts to encourage U.S. firms to relocate their
manufacturing or services back to the United States. The
Committee encourages EDA to include Native American communities
as potential locations for these repatriation activities. The
Committee established this program in fiscal year 2012 and
directs EDA to submit a report no later than 120 days after
enactment of this Act describing the number and types of
industries that sought to take advantage of this program as
well as a list of grants approved during fiscal year 2012.
Innovative manufacturing loans.--Of the amount provided for
Economic Adjustment Assistance, $5,000,000 is for Federal loan
guarantees to small- and medium-sized manufacturers for the use
or production of innovative technologies, as authorized by
section 26 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3721). The Committee believes this program has
the potential to boost manufacturing output and create
manufacturing jobs in the United States. EDA shall report to
the Committee in its fiscal year 2014 budget request regarding
the implementation of this program, to include the number of
loans provided, the amount of the loans, and the businesses
supported. EDA shall continue to consult with the Commerce
Inspector General to ensure that EDA incorporates appropriate
oversight protocols and meets Federal Credit Reform Act
requirements.
Vocational training opportunities.--The Committee
encourages EDA to consider developing programs that include
supporting vocational and post-secondary training in
economically distressed rural areas with high unemployment
rates in order to address the shortage of skilled workers in
various industries.
SALARIES AND EXPENSES
The Committee recommends $37,500,000 for EDA salaries and
expenses, which is the same as fiscal year 2012 and $219,000
below the request. The Committee directs EDA to prioritize
filling vacancies in the field rather than at headquarters to
enable EDA to provide assistance to distressed communities in a
timely manner.
Cyber intrusion.--The Department of Commerce Chief
Information Officer shall provide a report to the Committee no
later than 90 days after enactment of this Act describing the
cyber intrusion incident at EDA and the steps implemented to
ensure that the Department's networks are hardened according to
the information technology security requirements established in
the Federal Information Security Management Act (Public Law
107-347) and other relevant Federal cybersecurity mandates.
Additional discussion about Commerce Department information
technology networks is included in the Departmental Management
section of this report.
Shift from traditional economic development role.--The
Committee remains concerned that EDA is shifting away from
providing traditional infrastructure development assistance to
rural communities impacted by systemic, long-term unemployment
and economic distress. For example, a recent rural economic
development initiative announced by the Administration includes
language in the accompanying Federal Funding Opportunity
announcement that states in part, ``Projects must benefit rural
communities, but applicants need not be physically located in a
rural community.'' The Committee directs the Government
Accountability Office (GAO) to review EDA grants provided
between fiscal years 2006 through 2012, to include the criteria
EDA used to determine eligibility for each grant, the
unemployment rate of the county of the grantee as compared to
the state and national average during that year, the total
number of persons living in poverty in the county of the
grantee as compared to the state and national average during
that year, the population density of the county that received
the grant and the type of project funded. This review, to be
submitted to the Committee by February 5, 2013, shall include a
review of grants provided under the Economic Adjustment
Assistance and Public Works programs.
Nexus with manufacturing.--The Committee encourages EDA and
the National Institute of Standards and Technology (NIST)
Manufacturing Extension Partnership (MEP) program to
collaborate on ways to encourage manufacturers or manufacturing
supply chain firms to locate in areas impacted by severe and
continued economic distress as indicated by high rates of
unemployment and poverty.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The Committee recommends $28,689,000 for the Minority
Business Development Agency (MBDA), which is $1,650,000 below
fiscal year 2012 and the same as the request.
Assistance for agricultural and manufacturing startups.--
The Committee notes that manufacturing and agricultural startup
companies often face particular challenges that can impede
their chances of success. Therefore, the Committee expects MBDA
to work with the MEP program at NIST and with ITA to see how
their efforts can be better coordinated to ensure that Commerce
is able to provide end-to-end services for startup businesses,
including ones that are minority-owned.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The Committee recommends $96,000,000 for economics and
statistical analysis, which is the same as fiscal year 2012 and
$4,269,000 below the request.
Bureau of the Census
The Committee recommends a total of $878,693,000 for the
Bureau of the Census, which is $9,643,000 below fiscal year
2012 and $91,732,000 below the request.
Census Working Capital Fund.--In fiscal year 2012, the
Bureau had large unobligated balances in its Working Capital
Fund. Therefore, the Committee transferred $55,000,000 in such
balances from its Working Capital Fund to the Periodic Censuses
and Programs account to meet current year program requirements.
The Committee notes that GAO's November 2011 report,
Intragovernmental Revolving Funds: Commerce Departmental and
Census Working Capital Funds Should Better Reflect Key
Operating Principles, identified several areas in need of
improvement for effective management of the Census Working
Capital Fund. The Committee understands that as a result of
this review, the Bureau is conducting an evaluation of its
Working Capital Fund and that this review is expected to be
complete in August 2012. The Committee expects that the
Department shall review suggested changes to the management of
the Census Working Capital Fund and brief the Committee on the
results of this review no later than September 28, 2012.
SALARIES AND EXPENSES
The Committee recommends $253,336,000 for the salaries and
expenses of the Bureau of the Census, which is the same as
fiscal year 2012 and $5,839,000 below the request. Of the
amounts provided, funds are to be distributed as follows; any
deviation of funds shall be subject to the procedures set forth
in section 505 of this Act:
Current Economic Statistics........................... $177,758,000
Current Demographic Statistics........................ 72,995,000
Survey Development and Data Services.................. 2,583,000
-----------------
Total............................................... $253,336,000
PERIODIC CENSUSES AND PROGRAMS
The Committee recommends a total of $625,357,000 for
periodic censuses and programs, which is $9,643,000 below
fiscal year 2012 and $85,893,000 below the request. The fiscal
year 2012 appropriation included a $55,000,000 transfer from
the Census Working Capital Fund. Of the amounts provided, funds
are to be distributed as follows; any deviation of funds shall
be subject to the procedures set forth in section 505 of this
Act:
Economic Statistics Programs
Economic Censuses................................... $132,292,000
Census of Governments............................... 10,471,000
Demographic Statistics Programs
Intercensal Demographic Estimates................... 10,092,000
2010 Decennial Census Program....................... 284,373,000
2020 Decennial Census............................... 79,829,000
Demographic Surveys Sample Redesign................. 9,833,000
Geographic Support.................................. 66,035,000
Data Processing System.............................. 32,432,000
-----------------
Total............................................. $625,357,000
Economic Census.--The Committee recommends $132,292,000 for
the Economic Census, which is $20,000,000 above fiscal year
2012 and $20,446,000 less than the request. Funding is reduced
for collection and processing activities because responses are
not due until five months into fiscal year 2013, and for data
tabulation and macro analysis because Census will not begin
these efforts until the end of fiscal year 2013.
2020 Decennial Census.--The Committee recommendation for
the 2020 Decennial Census is $79,829,000 which is $13,199,000
above fiscal year 2012 and $51,596,000 below the request. The
Committee recommends reduced funding because the Bureau has not
yet established procedures that will enable it to increase
response rates while containing costs. As recommended by the
GAO in its report, Decennial Census: Additional Actions Could
Improve the Census Bureau's Ability to Control Costs for the
2020 Census, the Committee directs the Bureau to develop a
method to identify and address specific factors that contribute
to significant cost increases, identify key decision points,
and finalize guidance for the 2020 life cycle cost estimate.
The Committee directs the Bureau to analyze data from key
census-taking activities to determine their marginal costs and
benefits, and use this information to inform decisions on
developing more cost-effective methods for 2020. The Committee
directs the Bureau to submit yearly cost estimates and a total
life cycle cost estimate for the 2020 Decennial as part of its
fiscal year 2014 Congressional budget submission. Further,
GAO's report, 2010 Census: Preliminary Lessons Learned
Highlight the Need for Fundamental Reforms, estimated the cost
of the 2010 Decennial at $13 billion. The Committee expects
that the total life cycle cost for the 2020 Decennial will not
exceed this amount. The Committee directs the Census Bureau to
submit a spending plan for the 2020 Decennial Census funds no
later than 90 days after enactment of this Act, to include
activities and milestones that will be accomplished with the
fiscal year 2013 appropriation.
Cloud computing initiative.--The Committee understands that
the Bureau is establishing a cloud computing infrastructure to
support future IT business requirements. The Committee expects
that the Bureau will collaborate with the Commerce Chief
Information Officer and leverage the expertise of NIST's
research in cloud computing to ensure that the systems
developed are appropriately secure from cyber intrusion, and
will increase efficiencies and savings.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The Committee recommends $45,568,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA), which is the same as fiscal year 2012
and $1,357,000 below the request.
Public Safety Broadband Corporation.--The Committee directs
NTIA and NIST to provide an implementation schedule to the
Committee no later than 120 days after enactment of this Act
that describes the timeframes for deploying the ``FirstNet''
public safety broadband network established under Public Law
112-96 and includes a description of the types of research NIST
will undertake and how this research will inform the NTIA
grant-making process.
Broadband Technology Opportunities Program.--The Committee
directs NTIA to continue submitting quarterly reports on the
Broadband Technology Opportunities Program. As part of this
report, NTIA shall include a particular emphasis on the seven
projects that are supporting deployment of 700 MHz public
safety broadband networks and describe how these projects will
be coordinated with ``FirstNet'' noted above.
Institute for Telecommunications Sciences (ITS).--The
recommendation includes a requested $1,886,000 reduction to
eliminate multimedia quality research at the NTIA's ITS. The
Committee directs the Secretary of Commerce to examine the
research on public safety wireless communication conducted by
ITS and make recommendations by February 5, 2013, for merging
all or some of these research components into NIST. Further,
the Committee expects NTIA to engage the National Academy of
Sciences to analyze the research and activities of ITS and make
recommendations regarding the extent to which ITS research is
addressing future telecommunications challenges and spectrum
needs. This report shall be provided to the Committee by June
2013.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $2,933,241,000 for the United
States Patent and Trademark Office (PTO), the full amount of
fiscal year 2013 fee collections estimated by the Congressional
Budget Office. The spending authority provided by this bill
represents an increase of $255,241,000, or 9.5 percent, above
fiscal year 2012. The recommendation maintains language making
available any excess fee collections above the level provided
in this Act.
Quarterly reports.--The Committee directs PTO to continue
providing quarterly reports on actual and projected fee
collections. In addition, PTO shall include in this report the
number of examiners and administrative patent judges hired and
the number separated; the average pendency time to first action
and average pendency to disposal; and updates on the backlog.
Reprogramming and reserve.--The recommendation maintains
bill language making available fee collections above the
appropriated funding level and requiring PTO to follow the
reprogramming notification procedures outlined in section 505
of this Act before using such excess fee collections. In
addition, the Committee understands that PTO plans to establish
and grow an operating reserve that will equal one third of its
yearly operating budget. Prior to obligating any of the funds
in its operating reserve during fiscal year 2013, the PTO shall
submit to the Committee a reprogramming notification with a
spending plan describing how it intends to use these funds. The
Committee expects that PTO will establish a schedule for
submitting such notifications that is predictable and describes
how the expenditure of these reserve funds will improve patent
quality, reduce the backlog of pending applications and
appeals, improve the information technology infrastructure, or
otherwise improve the efficiency and effectiveness of PTO.
Secrecy orders.--During fiscal year 2012, PTO convened
national security agencies in order to review the current
standards for issuing a secrecy order to determine whether
those standards should be updated, and to examine the extent to
which these agencies take into account export control subject
matter. The Committee directs PTO to continue its efforts to
ensure that the secrecy order process is updated as
appropriate. The PTO shall conduct a review of this process and
provide an annual report, to be submitted at the end of the
second quarter of fiscal year 2014, on the secrecy order
process, the recommendations of each participating agency, and
any recommendations that are adopted.
Third party cybersecurity standards.--The Committee directs
PTO to add advisory language to the notices it sends to
applicants informing them that their application has been
placed under a secrecy order or may be sensitive from an
economic or national security perspective. The Committee
understands that PTO does not have statutory authority to
require inventors and their lawyers to meet certain information
security standards at their offices or other locations but
expects PTO to advise applicants on minimum cybersecurity
standards and best practices for private entities that
electronically store private data on patent applications. PTO
shall report to the Committee no later than 120 days after
enactment of this Act regarding its implementation of this
initiative.
Trademark squatting.--The Committee directs PTO to submit a
report to the Committee within 90 days of enactment of this Act
detailing its efforts to date and future plans to combat the
malicious practice of trademark squatting.
Satellite offices.--The Committee supports PTO's satellite
office program and directs PTO to submit a report to the
Committee no later than 120 days after enactment of this Act
showing patent applications by State between fiscal years 2007
through 2011, the types of patent applications by State during
this timeframe, the criteria PTO used to select the site of the
first satellite office as well as the factors that PTO will use
to determine the location of the remaining two satellite
offices. This report shall also include an estimate of the
yearly operating cost of each of the three satellite offices,
to include breakouts of salaries and benefits, rent and other
operating expenses, and information technology infrastructure
needs. This report shall also include an update on the
establishment of the first office as well as the number of
applicants that this office has assisted since opening.
Promoting stories of inventors.--The Committee notes that
PTO is developing educational materials for use in K-12
schools, highlighting the accomplishments of inventors and the
advances realized as a result of inventions. The Committee is
greatly supportive of these efforts and believes that these
efforts could be further enhanced by helping to educate
students about the accomplishments of inventors who lived or
are living in the same geographic areas in which the students
themselves are residing. Furthermore, the Committee believes
that highlighting the inventions of women and minority
inventors could help spur interest in innovation and Science,
Technology, Engineering, and Mathematics (STEM) education among
female and minority students, who are too often
underrepresented in STEM fields. The Committee directs PTO, in
consultation with the National Science Foundation, the
Department of Education, and other Federal agencies, to further
enhance its educational outreach efforts by developing a
strategic plan to: (1) develop educational materials aimed at
highlighting the innovation accomplishments of inventors from
specific geographic areas, so as to help inspire students and
promote STEM education and STEM fields among students residing
in these same areas; and (2) develop educational materials
aimed at highlighting the innovation accomplishments of women
and minority inventors in the United States, so as to help
inspire female and minority students and further promote STEM
education and boost representation in STEM fields among
historically underrepresented groups. The Committee further
directs PTO to submit this plan along with a schedule for
implementing related actions no later than 120 days after
enactment of this Act. In addition, the Committee directs PTO
to include in its fiscal year 2014 Congressional budget request
an accounting of any PTO costs associated with these actions.
National Institute of Standards and Technology
The Committee recommendation includes $830,173,000 for
NIST, which is $79,349,000 above fiscal year 2012 and
$26,827,000 below the request.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The Committee recommendation includes $621,173,000 for
NIST's scientific and technical core programs, which is
$54,173,000 above fiscal year 2012 and $26,827,000 below the
request. The recommendation provides funding above the current
year for metrology infrastructure and standards to support
biomanufacturing, standards to support nanomanufacturing, the
Materials Genome Initiative, measurement science and standards
to support smart manufacturing, the NIST Manufacturing
Fellowship Program, secure and interoperable communications,
and disaster resilience and natural hazards risk reduction. The
Committee encourages NIST, as Federal coordinator for the
National Initiative for Cybersecurity Education, to explore
establishing a training program at NIST dedicated to
cybersecurity education for veterans. The Committee encourages
NIST to continue to explore the research field of graphene
ribbon and carbon-based nanomanufacturing.
Centers of Excellence.--The recommendation includes
$20,000,000 as requested to establish four Centers of
Excellence which are designed to focus on innovations in
measurement science and emerging technology areas, including
advanced communications, advanced manufacturing,
biomanufacturing, cyberphysical systems, or quantitative
biology. NIST shall use its existing organizational structure
to implement this program and not develop another program
office.
National Strategy for Trusted Identities in Cyberspace
(NSTIC).--The recommendation does not include funding for
NSTIC. The Committee understands that fiscal year 2012 funding
for pilots will not be obligated until the end of fiscal year
2012. NIST shall report to the Committee no later than 120 days
after enactment of this Act listing the pilots funded and then,
subsequently, regarding the results of these pilots. These
reports shall also detail the activities and accomplishments of
the National Program Office and Steering Group. NIST may
support the work of the National Program Office in fiscal year
2013 with remaining balances of fiscal year 2012
appropriations. The report mentioned above shall include a
spending plan for any such proposed use of fiscal year 2012
balances.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $149,000,000 for Industrial
Technology Services, which is $20,557,000 above fiscal year
2012 and the same as the request. This amount includes
$128,000,000 for the Manufacturing Extension Partnership (MEP)
program, which is $443,000 below fiscal year 2012 and the same
as the request.
Manufacturing Extension Partnership program (MEP).--The MEP
consists of 60 centers around the country that work with small-
and medium-sized manufacturers to deliver technical assistance
to improve their manufacturing processes. The Committee expects
the MEP program to reduce overhead costs, which represent 13
percent of the total program budget in fiscal year 2012, and
use this funding to provide direct assistance to additional
manufacturers. The GAO shall evaluate the extent to which the
MEP program achieves administrative efficiencies and provide a
report to the Committee by February 5, 2013.
The Committee is disappointed that the Secretary has not
submitted the report requested in the statement accompanying
Public Law 112-55 regarding the MEP program and directs the
Secretary to submit this report no later than May 1, 2012.
National Innovation Marketplace (NIM).--Within the amount
provided for the MEP program for fiscal year 2013, not less
than $2,500,000 is for the NIM, a web-based tool being
developed by NIST to help companies, communities, colleges and
universities, inventors, and entrepreneurs accelerate supply
chain connections and facilitate partnerships. The Committee
commends the Department's efforts to increase participation in
the NIM, but notes that significant work remains to ensure that
potential participants are aware of and able to access this
helpful resource. The Committee directs the Department to
provide, no later than 60 days after enactment of this Act, a
specific and detailed plan for publicizing and promoting the
NIM, with an aim toward greatly increasing participation
throughout the country and across the Nation's economy. The
Committee directs the Department to include in this plan
specific timetables paired with specific numerical goals for
each category of NIM participant.
Advanced Manufacturing Technology Consortia.--The Committee
recommendation includes $21,000,000, the full amount requested,
to establish industry-led Advanced Manufacturing Technology
Consortia to identify and prioritize research projects
supporting long-term industrial research needs. NIST shall
provide a report and overall assessment to the Committee by
February 5, 2013, that includes actual and planned obligation
and expenditure data for each activity funded as well as a
description of the activities, accomplishments, research areas
identified, and long-term goals and milestones of the Advanced
Manufacturing Technology Consortia program. The Committee
expects NIST to allocate no more than $1,000,000 under this
program for administrative costs and to ensure that competitive
research awards under this program benefit all industry members
and are based on open access to intellectual property.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $60,000,000 for NIST construction,
which is $4,619,000 above fiscal year 2012 and the same as the
request.
Boulder Building 1 renovation.--Of the amounts provided,
$11,800,000 is provided as requested for continued renovation
activities at the Boulder, Colorado, facility. NIST shall
provide an update on the status of these renovations, to
include obligations and expenditures of prior year funds, no
later than 120 days after enactment of this Act.
Safety, Capacity, Maintenance, and Major Repairs.--The
remaining $48,200,000 in construction funds are provided for
Safety, Capacity, Maintenance, and Major Repairs, as requested.
NIST shall provide a report to the Committee no later than 30
days after enactment of this Act regarding the projects that
will be funded and the milestones for completion. This report
shall also include a description of projects previously funded
between fiscal years 2009 and 2012, to include a report on the
obligations and expenditures of funds associated with each
activity. NIST shall also provide a report, including
obligations and expenditures, of projects funded with the
$180,000,000 NIST received in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) to address NIST's
backlog of maintenance and renovation projects.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $4,961,669,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA), which is $67,994,000 above fiscal year
2012 and $92,877,000 below the request.
Congressional justifications.--The Committee did not
receive budget justification materials from NOAA until over a
month after the President's budget submission. The Committee
depends on the timely submission of this information in order
to provide oversight and make funding recommendations and
expects NOAA and the Department will ensure that this situation
does not occur in the future.
Science Advisory Board.--The Committee understands that the
NOAA Science Advisory Board is evaluating NOAA's research
enterprise and the effectiveness of its management structure to
meet its science requirements. Preliminary recommendations will
be available later this year. The Committee requests that the
NOAA Science Advisory Board brief the Committee no later than
30 days after providing its recommendations to NOAA.
Administrative overhead.--The Committee directs NOAA to
conduct a review of its programs with the goal of reducing and
consolidating administrative overhead. For example, the
Committee understands that during fiscal year 2011, NOAA
administrative costs for the Coastal Zone Management (CZM)
program were funded in at least three different lines on the
NOAA funding table. NOAA shall submit a report no later than
120 days after enactment of this Act displaying administrative
or other charges assessed by NOAA in fiscal years 2011 and 2012
to each of the lines on the NOAA ``Control Table,'' to include
the amount assessed and the purpose.
Data sources.--The Committee directs GAO to examine NOAA's
various ocean and coastal data collection systems, including
but not limited to: Integrated Ocean Observing System (IOOS),
Physical Oceanographic Real-Time System (PORTS), National Water
Level Observation Network (NWLON), Coastal-Marine Automated
Network (C-MAN), Argo, Deep-ocean Assessment and Reporting of
Tsunamis (DART), drifting buoys, the Toga Tao array, and
gliders. This report, to be submitted no later than 180 days
after enactment of this Act, shall include the location of
these sensors; the yearly cost to maintain these systems; the
NOAA line office that is responsible for the system; how these
systems are used by the various NOAA line offices, other
Federal government agencies and the private sector; and a
review of the data that these systems provide, how this data is
used and a determination as to whether or not the data they
collect is duplicative of, different from or complements other
data available to NOAA.
Facilities Maintenance.--The Committee is concerned that
NOAA does not maintain a standard for assessing facilities
maintenance funding requirements. The Committee expects NOAA to
provide more transparency and clarity in the ongoing
maintenance needs of its labs and other facilities and
therefore directs NOAA to include in its fiscal year 2014
Congressional budget submission separate facilities maintenance
funding requests for each of the line offices.
Biological opinions related to pesticide registration.--The
Committee directs NOAA to submit a report on how it has
complied with the March 2009 Presidential Memorandum to all
executive branch departments and agencies that instructs each
agency to conduct peer reviews on certain scientific
information that the agency intends to disseminate.
Specifically, the Committee directs NOAA to provide a report no
later than 120 days after enactment of this Act on NOAA's
development of biological opinions on pesticide registrations
in compliance with consultation requirements under section 7 of
the Endangered Species Act.
Coastal and marine spatial planning.--The Committee notes
that coastal and marine spatial planning was funded as a
separate line item in the National Ocean Service in fiscal year
2011. No funding was provided in fiscal year 2012 and none was
requested in fiscal year 2013. Consequently, this bill includes
no funds for coastal and marine spatial planning activities
under any NOAA program, project or activity in this Act.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommendation includes a total program level
of $3,102,435,000 under this account for the coastal,
fisheries, marine, weather, satellite and other programs of
NOAA. This total funding level includes $2,968,371,000 in
direct appropriations, a transfer of $119,064,000 from balances
in the ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'' account and $15,000,000
derived from recoveries of prior year obligations. The direct
appropriation of $2,968,371,000 is $53,860,000 below fiscal
year 2012 and $74,089,000 below the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--The recommendation provides
$427,275,000 for National Ocean Service (NOS) operations,
research and facilities.
Navigation Services.--The Committee recommendation includes
$150,829,000 for Navigation Services and restores the
$1,240,000 reduction proposed for the Navigation Response
Teams. These teams respond to accidents and natural events that
create navigation hazards but also spend a majority of their
time conducting regular mapping and charting production
activities that also contribute to navigation safety and
efficiency. However, the Committee directs NOAA to pursue
reimbursable agreements as appropriate with respect to
providing assistance requested by other agencies in response to
accidents or natural disasters.
Ocean Resources Conservation and Assessment.--The Committee
recommendation includes $148,589,000 for Ocean Resources
Conservation and Assessment programs. Within this amount, NOAA
recommends a total of $31,468,000 for IOOS, which is $2,080,000
above the fiscal year 2012 amount. Within the amounts provided,
NOAA shall ensure that sufficient resources are allocated for
verification and validation of existing equipment.
Marine debris.--The Committee does not approve of the
transfer of these activities to the National Marine Fisheries
Service and includes $3,000,000 for marine debris activities
within NOS.
Lessons learned from the Deepwater Horizon oil spill.--The
Committee encourages NOAA to develop specific biosensor
methodologies and validate specific model organisms to use as
biological sentinels to detect the impacts of environmental
disasters. In addition, the Committee encourages NOAA to draw
on lessons learned from its response to the Deepwater Horizon
oil spill and engage with its academic partners to develop a
response plan in the event of an oil spill in the Caribbean.
NOAA shall provide a report to the Committee no later than 120
days after enactment of this Act outlining a response plan.
Competitive Research.--The Committee recommends $11,000,000
for Competitive Research within NOS, which is $1,968,000 higher
than fiscal year 2012 and the same as the request. All
$11,000,000 shall be used for competitive research and not for
NOAA administrative activities or expenses. The Committee
directs NOAA to assess the placement of this program within the
NOS and whether this program is more appropriately funded in
the Office of Oceanic and Atmospheric Research. NOAA shall
report to the Committee on this assessment no later than 90
days after enactment of this Act.
Coastal and Ocean Management.--The Committee recommends a
total of $127,857,000 for coastal management and the Marine
Sanctuary Program. The Committee directs the GAO to submit an
evaluation of NOAA's implementation of the Coastal Zone
Management Act since it was enacted by Congress 40 years ago.
This report shall include: amounts provided by year to each
State since the program's inception; a sampling of yearly
milestones presented by NOAA and the States and whether or not
those milestones and overall program goals have been achieved;
a discussion of how the types of projects funded over time have
changed; and any recommendations for improvements in NOAA's
oversight of the program. This review shall include a sampling
and description of how the States used the funds provided. The
GAO shall provide this report to the Committee no later than
180 days after enactment of this Act.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation Services
Mapping and Charting
Mapping and Charting Base............................ $50,584
Hydrographic Research and Technology Development..... 6,964
Electronic Navigational Charts....................... 5,780
Shoreline Mapping.................................... 2,272
Address Survey Backlog/Contracts..................... 26,946
--------------
Subtotal, Mapping and Charting......................... 92,546
--------------
Geodesy
Geodesy Base......................................... 26,822
National Height Modernization........................ 2,406
--------------
Subtotal, Geodesy...................................... 29,228
--------------
Tide and Current Data
Tide and Current Data................................ 29,055
--------------
Subtotal, Tide and Current Data........................ 29,055
--------------
Total, Navigation Services............................... 150,829
==============
Ocean Resources Conservation and Assessment
Ocean Assessment Program
IOOS Regional Observations........................... 26,568
NOAA IOOS............................................ 4,900
Coastal Storms....................................... 2,495
Coastal Services Center.............................. 22,237
Coral Reef Program................................... 24,098
--------------
Subtotal, Ocean Assessment Program....................... 80,298
--------------
Response and Restoration
Response and Restoration Base........................ 21,859
Marine Debris........................................ 3,000
--------------
Subtotal, Response and Restoration....................... 24,859
--------------
National Centers for Coastal Ocean Science
National Centers for Coastal Ocean Science........... 32,432
Competitive Research................................. 11,000
--------------
Subtotal, National Centers for Coastal Ocean Science... 43,432
--------------
Total, Ocean Resources Conservation and Assessment....... 148,589
==============
Ocean and Coastal Management
Coastal Management
Coastal Zone Management Grants....................... 59,531
Coastal Zone Management Act and Stewardship.......... 5,313
Regional Ocean Partnership Grants.................... 4,000
National Estuarine Research Reserve System........... 17,081
--------------
Subtotal, Coastal Management............................. 85,925
--------------
Ocean Management
Marine Sanctuary Program
Marine Sanctuary Program............................. 41,932
--------------
Subtotal, Ocean Management............................... 41,932
--------------
Total, Coastal and Ocean Management...................... 127,857
==============
Total, National Ocean Service, Operations, Research, and $427,275
Facilities..............................................
------------------------------------------------------------------------
National Marine Fisheries Service.--The Committee
recommends $775,427,000 for the National Marine Fisheries
Service (NMFS) operations, research and facilities.
Protected Species Research and Management.--The Committee
recommends $154,234,000 for Protected Species Research and
Management programs, including the full request of $38,972,000
for base programs. NMFS shall submit a detailed breakout of
this base funding to the Committee no later than 60 days after
enactment of this Act. Within available resources, the
Committee encourages NOAA to maintain funding for marine mammal
stranding grants.
Fisheries Research and Management.--The Committee
recommends $425,042,000 for Fisheries Research and Management
programs, including the full amount requested, $177,560,000,
for base activities. NMFS shall submit a detailed breakout of
this base funding to the Committee no later than 60 days after
enactment of this Act. The Committee recommends $68,645,000,
the full amount requested, for Expand Annual Stock Assessments
and Improve Data Collection, which is $5,083,000 more than the
fiscal year 2012 level for these activities. The Committee
expects that NMFS will use these funds to improve its ability
to accurately estimate fish stocks and urges NMFS to review
recent National Academy of Sciences reports on stock
assessments and other relevant topics and update its
methodologies as appropriate.
Salmon Management Activities.--The Committee recommends
$36,920,000 for Salmon Management Activities. Within this
amount, an increase of $10,000,000 is provided above the
request to allow hatcheries to be reformed according to the
recommendations of the Hatchery Scientific Review Group.
Enforcement and Observers Training.--The Committee
recommends $110,289,000 for Enforcement and Observers Training,
which is $4,928,000 above the fiscal year 2012 level and the
same as the request. The Committee directs NOAA to implement
the recommendations from the Commerce Inspector General report
OIG-12-019-I, More Action Needed to Improve Controls in Asset
Forfeiture Fund, particularly with respect to implementing
controls to ensure that all proceeds received are accurately
recorded. NOAA shall report to the Committee no later than 120
after enactment of this Act regarding progress made in
addressing the problems raised in the Inspector General report.
Habitat Conservation and Restoration.--The Committee does
not approve of the transfer of the Marine Debris program from
NOS to NMFS; funds are provided for these activities in NOS, as
in previous years.
Cooperative research.--The recommendation includes the full
$12,000,000 requested for cooperative research, which is
$1,035,000 more than the fiscal year 2012 level. The Committee
expects that all funding provided shall be used for cooperative
fisheries research and not for NOAA activities or
administrative overhead costs.
Marine invasive species.--The Committee encourages NMFS to
strengthen partnerships with states and interstate fisheries
commissions on the management and research of marine invasive
species.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Species Research and Management
Protected Species Research and Management Programs Base $38,972
Species Recovery Grants................................ 4,317
Marine Mammals......................................... 39,969
Marine Turtles......................................... 9,569
Other Protected Species (marine fish, plants, and 6,433
invertebrates)........................................
Atlantic Salmon........................................ 2,700
Pacific Salmon......................................... 52,274
--------------
Total, Protected Species Research and Management......... 154,234
==============
Fisheries Research and Management
Fisheries Research and Management Programs Base........ 177,560
National Catch Share Program........................... 25,200
Expand Annual Stock Assessments--Improve Data 68,645
Collection............................................
Economics and Social Sciences Research................. 6,996
Salmon Management Activities........................... 36,920
Regional Councils and Fisheries Commissions............ 24,614
Fisheries Statistics................................... 21,178
Fish Information Networks.............................. 19,937
Survey and Monitoring Projects......................... 21,902
Fisheries Oceanography................................. 6,432
American Fisheries Act................................. 5,058
National Standard 8.................................... 915
Reducing Bycatch....................................... 3,096
Product Quality and Safety............................. 6,589
--------------
Total, Fisheries Research and Management................. 425,042
==============
Enforcement and Observers/Training
Enforcement............................................ 67,123
Observers/Training..................................... 43,166
--------------
Total, Enforcement and Observers/Training................ 110,289
==============
Habitat Conservation and Restoration
Habitat Management and Restoration..................... 29,388
--------------
Total, Habitat Conservation and Restoration.............. 29,388
==============
Other Activities Supporting Fisheries
Antarctic Research..................................... 2,489
Aquaculture............................................ 5,115
Climate Regimes and Ecosystem Productivity............. 1,626
Computer Hardware and Software......................... 1,658
Cooperative Research................................... 12,000
Information Analyses and Dissemination................. 16,163
Marine Resources Monitoring, Assessment and Prediction 758
Program...............................................
National Environmental Policy Act...................... 5,910
NMFS Facilities Maintenance............................ 3,052
Regional Studies....................................... 7,703
--------------
Total, Other Activities Supporting Fisheries............. 56,474
==============
Total, National Marine Fisheries Service, Operations, $775,427
Research, and Facilities................................
------------------------------------------------------------------------
Oceanic and Atmospheric Research.--The Committee recommends
$404,941,000 for Oceanic and Atmospheric Research (OAR)
operations, research, and facilities activities. This amount is
$30,519,000 above the fiscal year 2012 level and $1,500,000
more than the request. This funding level underscores the
Committee's prioritization of research across the broad
spectrum of NOAA programs.
Balancing the research portfolio.--The Committee notes that
the overall request for Climate Research activities exceeds
that for Weather and Air Chemistry Research and Ocean, Coastal,
and Great Lakes Research combined. Therefore, the Committee
recommends a more balanced funding allocation across NOAA's
research programs, including additional funding for Weather and
Air Chemistry and Ocean, Coastal, and Great Lakes Research
programs. This reallocation provides for the ongoing operation
at no less than current operating levels of NOAA's research
labs funded within OAR. The Committee encourages NOAA and its
Science Advisory Board to review NOAA's overall research
portfolio to ensure that it is appropriately allocated to
support NOAA's core operational mission requirements.
Weather and Air Chemistry Research.--The Committee directs
NOAA to provide a report no later than 120 days after enactment
of this Act regarding the use of unmanned aerial systems in
hurricane research.
The recommendation includes requested funding for Multi-
function Phased-Array Radar research and development for
improved forecast accuracy. The Committee supports NOAA's
ongoing deployment of dual polarization capability which is
critical for improving the ability of weather forecasters to
better distinguish precipitation types. The Committee
encourages NOAA to continue its internal and external research
and development activities in this area, and to submit a report
no later than February 5, 2013, on these efforts.
In addition, the Committee directs NOAA to collaborate with
the National Science Foundation and academic and private sector
partners to study tornadoes and other severe weather events,
including, but not limited to, variables in humidity and
topography and how these factors can impact the formation,
intensity, and storm path of tornadoes. NOAA shall report to
the Committee, within 90 days of enactment, on plans for this
research.
Ocean Exploration and Research.--The Committee supports
ocean exploration and research and educational programs and
provides $23,000,000 for these activities, which is $545,000
below fiscal year 2012 and $3,335,000 above the request. The
Committee encourages NOAA to utilize its two exploration ships,
the Oceanos Explorer and the E/V Nautilus, on research and
exploration missions in the U.S. Exclusive Economic Zone.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes.............. $53,350
Climate Data and Information......................... 13,003
Climate Competitive Research, Sustained Observations 120,000
and Regional Information............................
--------------
Total, Climate Research.................................. 186,353
==============
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes.............. 63,476
U.S. Weather Research Program........................ 7,553
Tornado Severe Storm Research/Phased Array Radar..... 13,008
--------------
Total, Weather and Air Chemistry Research................ 84,037
==============
Ocean, Coastal, and Great Lakes Research
Laboratories and Cooperative Institutes.............. 31,125
National Sea Grant College Program Base.............. 57,092
Marine Aquaculture Program........................... 4,556
Ocean Exploration and Research....................... 23,000
Integrated Ocean Acidification....................... 6,400
--------------
Total, Ocean, Coastal, and Great Lakes Research.......... 122,173
==============
High Performance Computing Initiatives................... 12,378
==============
Total, Office of Oceanic and Atmospheric Research, $404,941
Operations, Research, and Facilities....................
------------------------------------------------------------------------
National Weather Service.--The Committee recommends
$897,055,000 for National Weather Service (NWS) operations,
research and facilities, which is $3,709,000 below the enacted
level and $22,301,000 above the request. The Committee
continues to prioritize funding for these core life and safety
programs.
Local Warnings and Forecasts base.--The recommendation for
Local Warnings and Forecasts base activities is $639,905,000,
which is $8,737,000 more than the current level and $11,341,000
more that the request. The Committee does not support NOAA's
proposal to reduce funding for information technology positions
at each of the Weather Forecast Offices (WFO). Eliminating
these positions during deployment of Advanced Weather
Interactive Processing System (AWIPS) upgrades is risky. In
addition, NOAA has not yet developed a thorough concept for
where the proposed information technology deployment teams
would be located, how many technicians would be on each team,
or how they would be deployed if more than four information
technology needs arose at the same time. The recommendation
supports the continuation of such positions at each WFO.
NOAA Profiler Network.--The recommendation includes
$4,228,000 to maintain NOAA's Profiler Network (NPN), which is
the same as the fiscal year 2012 level and $2,417,000 more than
the request. The NPN consists of 35 operational and two support
radars that observe wind direction and velocity at various
altitudes. The data collected have improved probability of
detection, decreased false alarm rates, and improved lead time
for tornado warnings and other severe weather events. Thirty of
these wind profilers are located along ``Tornado Alley.'' The
Committee does not agree with the proposal to eliminate funding
for technology refreshments for the NPN. The Committee is
disappointed that NOAA chose to eliminate this funding and not
propose alternative data sources to ensure continuity of the
types of data collected by the NPN. The Committee directs NOAA
to submit a report no later than 90 days after enactment of
this Act with a plan for utilizing other data sources that can
provide similar or better data than that currently provided by
the NPN.
Strengthen U.S. tsunami warning network.--The
recommendation includes $23,466,000 for NOAA's tsunami program,
which is the same as fiscal year 2012 and $4,554,000 above the
request. The Committee does not approve of NOAA's proposal to
terminate partner funding for education and awareness programs
of the National Tsunami Hazard Mitigation Program or NOAA's
proposal to reduce funding for maintenance of the DART buoy
network. The Committee expects NOAA to repair any DART stations
that are not currently operational and report to the Committee
no later than 30 days after enactment of this Act regarding the
status of the entire DART network. The Committee also expects
NOAA to engage the National Academy of Sciences to review the
need for, and assess the utility of, establishing a third
tsunami warning center in the Caribbean, collocated at one of
NOAA's existing facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Local Warnings and Forecasts
Local Warnings and Forecasts Base.................... $639,905
Air Quality Forecasting.............................. 3,987
Alaska Data Buoys.................................... 1,683
Sustain Cooperative Observer Network................. 1,865
NOAA Profiler Network................................ 4,228
Strengthen U.S. Tsunami Warning Network.............. 23,466
Pacific Island Compact............................... 3,775
--------------
Subtotal, Local Warnings and Forecasts................. 678,909
--------------
Operations and Research
Advanced Hydrological Prediction Services............ 6,209
Aviation Weather..................................... 21,452
WFO Maintenance...................................... 6,588
Weather Radio Transmitters........................... 2,297
--------------
Subtotal, Operations and Research...................... 36,546
--------------
Central Forecast Guidance............................ 79,224
--------------
Total, Local Warnings and Forecasts, Operations and 794,679
Research, Central Forecast Guidance.....................
==============
Systems Operation and Maintenance
NEXRAD............................................... 46,247
ASOS................................................. 11,352
AWIPS................................................ 39,495
NWSTG Backup--CIP.................................... 5,282
--------------
Total, Systems Operation and Maintenance................. 102,376
==============
Total, National Weather Service, Operations, Research, $897,055
and Facilities..........................................
------------------------------------------------------------------------
National Environmental Satellite, Data and Information
Service.--The Committee recommends $176,907,000 for National
Environmental Satellite, Data and Information Service (NESDIS)
operations, research and facilities.
Data Centers and Information Services.--The Committee
recommends $66,028,000 for these activities, including not less
than the current level for each activity currently funded under
archive, access and assessment programs.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems
Office of Satellite and Product Operations
Satellite Command and Control........................ $36,214
NSOF Operations...................................... 7,208
Product, Processing and Distribution................. 41,114
--------------
Subtotal, Office of Satellite and Product Operations... 84,536
--------------
Product Development, Readiness and Application
Product Development, Readiness and Application....... 17,591
Product Development, Readiness and Applications 3,652
(Ocean Remote Sensing)..............................
Joint Center for Satellite Data Assimilation......... 3,046
--------------
Subtotal, Product Development, Readiness and 24,289
Application...........................................
--------------
Commercial Remote Sensing Regulatory Affairs......... 1,006
Office of Space Commercialization.................... 593
Group on Earth Observations.......................... 455
--------------
Total, Environmental Satellite Observing Systems......... 110,879
==============
Data Centers and Information Services
Archive, Access and Assessment....................... 48,510
Coastal Data Development............................. 3,600
Regional Climate Services............................ 5,177
Environmental Data Systems Modernization............. 8,741
--------------
Total, Data Centers and Information Services............. 66,028
==============
Total, NESDIS, Operations, Research, and Facilities...... $176,907
------------------------------------------------------------------------
Program Support.--The Committee recommends $420,830,000 for
Program Support (PS) operations, research and facilities, which
is $13,674,000 below the enacted level and $11,128,000 below
the request.
Aircraft services.--The recommendation includes $30,241,000
for Aircraft Services, which is $2,557,000 above the enacted
level and the same as the request. Within the amount provided
for Aircraft Services, NOAA shall distribute resources to
ensure that hurricane research and reconnaissance aircraft are
funded at levels to maintain prior year operating tempos
sufficient to meet hurricane research and reconnaissance needs.
The Committee expects NOAA to reduce funding for lower priority
flights and ensure that NOAA hurricane research and
reconnaissance needs are prioritized. The Committee understands
that the NOAA fiscal year 2013 budget includes funds to operate
two of NOAA's three hurricane research and reconnaissance
aircraft; the third aircraft has reached the end of its service
life and has been taken out of service. The Committee directs
GAO to assess the status of NOAA's aircraft and its ability to
meet core research and operational needs and provide a report
to the Committee by February 5, 2013. As part of this review,
GAO shall examine the data collected by NOAA aircraft and
determine if this data is being collected by other assets
including NOAA or NASA satellites, or other government assets
such as data buoys and determine if operating the NOAA aircraft
is the best or most cost effective method for fulfilling the
operational and research requirements of NOAA. Lastly, this
review should include a review of the cost effectiveness of
NOAA maintaining its own aircraft for non-hurricane research
needs.
Management and administrative costs.--The recommendation
includes language capping NOAA corporate services
administrative support costs at $207,013,000, which equals the
amount recommended in this bill for corporate services, Chief
Information Officer activities and facilities management. As
directed by the Committee, NOAA submitted a report during
fiscal year 2012 on management and administrative costs which
showed that in fiscal year 2011 NOAA spent $338,822,700 on
management and administration activities across all of the line
offices. The Committee commends NOAA for undertaking the review
but finds that the report raises additional questions about how
the line offices are accounting for administrative overhead.
The Committee expects NOAA to continue to work with the
Committee to standardize the treatment of management and
administrative costs in a manner that maximizes transparency
and accountability.
NOAA education program.--The Committee recommends
$17,561,000 for NOAA's Competitive Educational Grants and
Programs, which is $7,529,000 below fiscal year 2012 and
$6,295,000 above the request. The Committee directs NOAA to
spend no less than $7,561,000 of the amount provided to
continue its Educational Partnership Program with Minority
Serving Institutions, with remaining funds supporting NOAA's
general competitive education program.
Extramural research.--The Committee believes that NOAA
benefits from its collaboration with academia and the private
sector with respect to cooperative institutes and competitive
research as these relationships build broad community support
and leverage external funding for mission-oriented research.
The Committee expects NOAA to continue to track intra- and
extramural research and report on such expenditures in
subsequent budget requests.
PROGRAM SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Program Support
Corporate Services
Under Secretary and Associate Offices Base........... $27,420
NOAA-Wide Corporate Services and Agency Management... 99,820
DOC Accounting System................................ 9,733
Payment to the DOC Working Capital Fund.............. 37,074
--------------
Subtotal, Corporate Services........................... 174,047
--------------
Office of the Chief Information Officer
IT Security.......................................... 8,431
--------------
Total, Corporate Services and Chief Information Officer 182,478
==============
NOAA Education Program
Education Partnership Program/Minority Serving 7,561
Institutions........................................
NOAA Education Program Base.......................... 10,000
--------------
Total, NOAA Education Program.......................... 17,561
==============
--------------
NOAA Facilities Management, Maintenance, Construction 24,535
and Safety............................................
==============
--------------
Total, Program Support................................... 224,574
==============
Office of Marine and Aviation Operations
Marine Operations and Maintenance...................... 166,015
Aircraft Services...................................... 30,241
--------------
Total, Office of Marine and Aviation Operations.......... 196,256
==============
Total, Program Support and OMAO, Operations, Research, $420,830
and Facilities..........................................
------------------------------------------------------------------------
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The Committee recommendation includes a total program level
of $1,946,948,000 in direct obligations under this heading, of
which $1,931,948,000 is appropriated from the general fund and
$15,000,000 is derived from recoveries of prior year
obligations. The direct appropriation is $114,854,000 above
fiscal year 2012 and $33,788,000 below the request. The
following narrative descriptions and tables identify the
specific activities and funding levels included in this Act:
National Weather Service (NWS).--The Committee recommends
$99,139,000 for NWS systems acquisitions and construction,
which is $8,029,000 above fiscal year 2012 and $1,700,000 above
the request, to maintain NOAA's Profiler Network. This amount
includes the full amount requested, $12,400,000, for the Ground
Readiness Project to enable the NWS to update its information
technology infrastructure to ensure that the Weather Forecast
Offices can receive the data from the Suomi National Polar-
orbiting Partnership (NPP) satellite, Joint Polar Satellite
System (JPSS), and Geostationary Operational Environmental
Satellites (GOES). NOAA shall provide a report to the Committee
no later than 30 days after enactment of this Act with a
spending plan for these funds as well as the status of
deploying the upgrades to each of the Weather Forecast Offices.
National Environmental Satellite, Data and Information
Service (NESDIS).--The recommendation includes $1,822,821,000
for NESDIS acquisition and construction. This amount is
$126,176,000 above fiscal year 2012 and $27,488,000 below the
request. NOAA shall notify the Committee prior to obligating
any of its reserve funds for either the GOES-R or JPSS
programs.
Geostationary Operational Environmental Satellite-R (GOES-
R) Series.--The Committee recommends $796,000,000 for GOES-R,
which is $180,378,000 above fiscal year 2012 and $6,000,000
below the request.
Joint Polar Satellite System.--The Committee recommends
$916,364,000 for the JPSS program, which is $7,650,000 below
fiscal year 2012 level and the same as the request. Funding
provided will continue development of the JPSS instruments,
ground systems and spacecraft, including funding to continue
development of the OMPS-Nadir instrument as requested. The
Committee understands that failure to complete OMPS-Nadir could
lead to a need to redesign the JPSS-1 spacecraft and redo
thermal and mechanical analyses for certain other instruments
which would have an impact on schedule and cost. The Committee
notes that no alternatives exist to fill the anticipated gap in
weather data between the end of the expected operational
capabilities of the Suomi NPP, estimated to be in 2016, and the
time when JPSS-1 becomes fully operational in 2018. Therefore,
NOAA shall report to the Committee within 30 days after
enactment of this Act, and on a monthly basis thereafter, on
program progress and adherence to the JPSS budget and schedule.
Quarterly satellite briefings.--The Committee directs NOAA
to continue providing quarterly satellite briefings to the
Committee regarding NOAA major system acquisition programs.
NOAA shall provide quarterly obligations reports for each of
the satellite programs beginning with funds expended during
fiscal year 2012.
PROCUREMENT, ACQUISITION, AND CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Oceanic and Atmospheric Research
Research Supercomputing/CCRI......................... $10,379
==============
National Weather Service
Systems Acquisition
ASOS................................................. 1,635
AWIPS................................................ 20,592
NWSTG Legacy Replacement............................. 8,185
Radiosonde Network Replacement....................... 4,014
Weather and Climate Supercomputing................... 38,169
Cooperative Observer Network Modernization (NERON)... 3,700
Complete and Sustain NOAA Weather Radio.............. 5,594
NOAA Profiler Conversion............................. 1,700
Ground Readiness Project............................. 12,400
--------------
Subtotal, NWS Systems Acquisition...................... 95,989
--------------
WFO Construction..................................... 3,150
--------------
Subtotal, NWS Construction............................. 3,150
--------------
Total, NWS--PAC.......................................... 99,139
==============
National Environmental Satellite, Data and Information
Service
Systems Acquisition
Geostationary Systems--N............................. 23,412
Geostationary Systems--R............................. 796,000
Polar Orbiting Systems--POES......................... 28,741
Jason-3.............................................. 19,000
Joint Polar Satellite System (JPSS).................. 916,364
DSCOVR............................................... 22,383
EOS and Advanced Polar Data Processing, Distribution 990
and Archiving Systems...............................
CIP--single point of failure......................... 2,772
Comprehensive Large Array Data Stewardship System 6,476
(CLASS).............................................
NPOESS Preparatory Data Exploitation................. 4,455
--------------
Subtotal, NESDIS Systems Acquisition................... 1,820,593
--------------
Construction
Satellite CDA Facility............................... 2,228
--------------
Total, NESDIS--PAC....................................... 1,822,821
==============
Office of Marine and Aviation Operations
Fleet Replacement
Fleet Capital Improvements and Tech Infusion (Vessel 11,712
Equip and Tech Refresh).............................
New Vessel Construction.............................. 2,897
--------------
Total, Office of Marine and Aviation Operations, PAC..... 14,609
==============
Total, Procurement, Acquisition, and Construction........ $1,946,948
------------------------------------------------------------------------
PACIFIC COASTAL SALMON RECOVERY
The Committee provides $65,000,000 for Pacific Coastal
Salmon Recovery, which is the same as fiscal year 2012 and
$15,000,000 above the request. In addition, the accompanying
bill includes language that requires all funds to be allocated
based on scientific and merit principles and prohibits the
availability of funds for marketing activities.
FISHERMEN'S CONTINGENCY FUND
The Committee recommends $350,000, which is the same as
fiscal year 2012 and the request, for the Fishermen's
Contingency Fund, to compensate U.S. commercial fishermen for
damage or loss caused by obstructions related to oil and gas
exploration. The funds used to provide this compensation are
derived from fees collected by the Secretary of the Interior.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends language under this heading
limiting obligations of direct loans to $24,000,000 for
Individual Fishing Quota loans and $59,000,000 for traditional
direct loans. NOAA shall provide a report to the Committee by
January 1, 2013, providing the current status of loans under
this program.
Departmental Management
SALARIES AND EXPENSES
The Committee recommendation includes $55,000,000 for
Departmental Management, which is $2,000,000 below fiscal year
2012 and $1,000,000 below the request.
Reprogramming procedures.--The Committee reminds the
Secretary of Commerce of section 505 of this Act.
Unfortunately, over the last year the Department has chosen to
announce a range of new activities that create new programs and
relocate employees without first notifying the Committee. The
Committee expects the Department to adhere to all reprogramming
notification procedures.
Cybersecurity.--The Committee remains concerned about the
cyber intrusion at EDA and the subsequent negative impacts on
the agency and its ability to efficiently and quickly assist
economically distressed communities. The Committee directs the
Department of Commerce Chief Information Officer to provide a
quarterly report, to begin with the second quarter following
enactment of this Act, on progress made by the Department in
implementing information technology security standards mandated
in the Federal Information Security Management Act and other
relevant Federal cybersecurity requirements. Further, the
Department shall ensure that it uses to the fullest extent
possible the toolkits and protocols developed by NIST. The
Committee expects that the Department will coordinate with the
Department of Homeland Security with respect to cybersecurity
to ensure that Commerce information technology systems are
appropriately protected. The Committee directs the Secretary to
ensure that no later than 60 days after enactment of this Act
appropriate personnel within each bureau and within the Office
of the Secretary have received a briefing as directed in the
fiscal year 2012 appropriations Act. The Secretary, in
cooperation with other Federal agencies, shall submit a report
no later than 30 days after enactment of this Act regarding the
cyber intrusion that occurred at EDA and steps taken to address
this issue.
Repatriation and manufacturing initiatives.--The Committee
expects the Secretary to continue the Department's efforts with
respect to the repatriation task force and other repatriation
and manufacturing initiatives established in Public Law 112-55
and to provide a report to the Committee on the Department's
activities with respect to these programs no later than 120
days after enactment of this Act.
Commercialization of Federally-funded research.--The
Committee is concerned that some businesses, after developing a
commercial application for Federally-funded research and
development, choose to use that application to produce goods
and services overseas. Such occurrences damage the economic
interests and competitiveness of the United States and reduce
the return on taxpayers' investment in Federal research. The
Committee directs the Department to report to the Committee no
later than 90 days after the enactment of this Act on efforts
to prevent the outsourcing of commercialized Federal research
and development, including the development of a U.S.
Government-wide policy.
Economic Security Commission.--The recommendation includes
$1,000,000 for the Economic Security Commission established by
the Secretary in fiscal year 2012. The Committee expects the
first report by the Commission to focus on the strategic
economic security activities and investments made by China,
Russia, Brazil, India, Japan and the European Union during 2009
through 2011 and, to the extent possible, those planned for the
next five years. The Committee expects the Secretary of
Commerce to consult with other Federal agencies with respect to
gathering this data. Funds provided will support the research
necessary for this annual report. The Committee expects that
the first such report shall be submitted no later than 180 days
after enactment of this Act.
Domestic production capabilities.--The Committee directs
the Secretary to submit a report no later than 120 days after
enactment of this Act that reviews the percentage of steel
slabs manufactured by integrated steel mills in the U.S. that
are internally consumed by the producer versus those made
available for commercial sale to other U.S. rolling mills, and
whether and to what extent U.S. rolling mills with insufficient
or no capacity to manufacture slabs are able to meet their
demand for steel slabs from domestic sources. The study shall
evaluate the ability of rolling mills with insufficient or no
slab production capacity to meet their demand for steel slabs
from domestic sources over the past 15 years.
Cooperatives.--With more than $3 trillion in assets, over
$500 billion in total revenue, $25 billion in wages and
benefits, and nearly one million jobs, cooperatives have proven
themselves to be vital components of the nation's economy. The
Committee encourages the Department of Commerce to build on its
efforts to create opportunities for community wealth building,
workforce training, and job creation by working with national
and local stakeholders in the cooperative sphere to look at the
role that business cooperatives can play in stimulating
industrial and commercial growth in economically distressed
areas of the United States. The Department shall report to the
Committee, within 120 days of enactment of this Act, with a
plan to strengthen business cooperatives and to assist
communities and organizations attempting to form cooperatives.
Additionally, this report should include plans to assist
employee-owned businesses.
Office of Inspector General
The Committee recommends $28,753,000 for the Office of the
Inspector General (IG), which is $1,807,000 above fiscal year
2012 and the same as the request. The increase will enable the
IG to enhance its oversight of the Department's acquisition and
contracting activities. An additional $2,000,000 is provided
under the PTO heading for transfer to the IG in order to
provide adequate oversight of that agency.
General Provisions--Department of Commerce
The Committee recommends the following general provisions
for the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requiring notification to the Committee of certain actions.
Section 104 provides that any costs incurred by the
Department in response to funding reductions shall be absorbed
within the total budgetary resources available to the
Department and shall be subject to the reprogramming
limitations set forth in this Act.
Section 105 extends Congressional notification requirements
for NOAA satellite programs.
Section 106 provides for reimbursement for services within
Department of Commerce buildings.
Section 107 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 108 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 109 requires a monthly report on official travel to
China.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The Committee recommends $110,322,000 for Department of
Justice, General Administration, Salaries and Expenses, which
is $500,000 below fiscal year 2012 and $17,345,000 below the
request.
Liaison partnerships.--The Council on American-Islamic
Relations (CAIR) was listed as an unindicted co-conspirator in
a case in which the Holy Land Foundation was found guilty of
material support of a terrorist organization. The Committee
acknowledges the Attorney General's refusal to attend certain
meetings knowing that CAIR officials would be present, as
indicated in testimony before the Committee on February 28,
2012. The Committee understands that the Federal Bureau of
Investigation (FBI) has an existing policy prohibiting its
employees from engaging in any formal non-investigative
cooperation with CAIR. The Committee encourages the Attorney
General to adopt a similar policy for all Department officials.
Prescription drug abuse.--The number of Americans abusing
controlled substance pharmaceuticals far exceeds the number
abusing cocaine, heroin and hallucinogens combined. According
to the Centers for Disease Control and Prevention (CDC), opioid
pain reliever overdose deaths rose nearly 300 percent between
1999 and 2008. The Committee urges the Attorney General to
convene a national summit on the prescription drug abuse
problem as a means of sharing best practices for reducing
prescription drug diversion and abuse, including the
establishment of prescription drug monitoring programs, proper
drug disposal, and increased enforcement on pill mills and
doctor shopping.
Prison Rape Elimination Act (PREA).--On June 23, 2009, the
bipartisan National Prison Rape Elimination Commission
presented its recommended standards to the Attorney General.
PREA requires the Attorney General to promulgate binding
standards within one year of receiving the Commission's
recommendations. Nearly two years have elapsed since that
deadline. In the meantime, about 434,000 more inmates in the
United States have become victims of sexual abuse while behind
bars, according to the Department's own statistics. The
Committee once again directs the Department of Justice to
publish, as soon as possible, this final rule, and to continue
efforts to provide assistance in the form of training,
technical assistance, and implementation grants to assist
State, local, and tribal jurisdictions in achieving compliance
with the PREA national standards.
Obscenity enforcement.--The Committee remains concerned
that the Department's incorporation of the responsibilities of
the Obscenity Prosecution Task Force into the Child
Exploitation and Obscenity Section of the Criminal Division may
weaken adult obscenity enforcement. The Task Force was designed
to draw upon the expertise of several other Criminal Division
sections, such as the Organized Crime and Racketeering Section
(now known as the Organized Crime and Gang Section), the Asset
Forfeiture and Money Laundering Section, and the Computer Crime
and Intellectual Property Section. The Committee supports the
work of the Department in investigating and prosecuting major
producers and distributors of hardcore adult pornography that
meets the test for obscenity, as defined by the Supreme Court,
and expects that the responsibilities that had been assigned to
the Task Force have not and will not be diminished by this
reorganization. The Committee believes that targeted
enforcement of adult obscenity is necessary to protect the
welfare of families and children as traffickers in illegal
adult obscenity extend their influence through advances in
technology. The Committee directs the Department to submit a
report no later than 90 days after the enactment of this Act on
its adult obscenity investigation and prosecution workload
statistics and accomplishments during the twelve months prior
to the enactment of this Act.
Product procurements.--The recommendation continues
language from the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2012, directing that, to the
extent practicable, promotional items purchased with funds
provided by this Act shall be produced in the United States.
Additional language in the Act provided Federal Prison
Industries (FPI) with the authority to manufacture products
that are no longer made in the United States. Therefore, the
Committee directs the Attorney General to survey annually the
Department and other Federal agencies to determine which
promotional products purchased by such agencies are
manufactured outside the United States, and might otherwise be
procured through FPI. The Committee expects that FPI will
maintain this information in a database in order to help inform
its board of directors of new opportunities to repatriate
manufacturing, and that any manufacturing activities initiated
as a result are intended to create new American jobs, not
compete with existing United States businesses.
Human trafficking.--The recommendation includes resources
and guidance throughout this title to combat trafficking in
persons. The Committee expects the Attorney General to make the
investigation and prosecution of such crimes a top priority.
Trafficking frequently targets the most vulnerable in society
and in many instances is the equivalent of modern-day slavery.
The Attorney General shall submit a comprehensive report on all
Department anti-trafficking activities no later than 60 days
after the date of enactment of this Act, including any
recommendations for additional legislation that may be
necessary or helpful to these efforts.
In addition, the Committee directs the Attorney General to
provide a report to the Committee detailing any actions the
Department has taken to investigate allegations of trafficking
or abuse of nonimmigrants holding an A-3 or a G-5 visa (as such
terms are defined in section 203(f) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008) and
actions the Department has taken under section 3271 of title
18, United States Code, to enforce the United States' policy of
zero-tolerance for sex and labor trafficking by contractors and
subcontractors working for the United States.
Drug-related violence.--The Committee is aware that efforts
by Federal law enforcement to reduce drug trafficking and
associated violence in the Southwest border region have
affected trafficking routes and crime rates in the Caribbean.
The Committee expects the Attorney General to address these
trends by allocating necessary resources to areas substantially
affected by drug-related violence, and reporting such actions
to the Committee.
Gang violence.--Gangs remain a significant threat to public
safety in the United States. Gangs often operate across
multiple jurisdictions, and in these cases, Federal assistance
is often necessary to facilitate the efforts of State and local
law enforcement agencies. The Committee appreciates that the
Department has an extensive plan to combat gangs and recognizes
the critical importance of State and local law enforcement and
community groups working in a coordinated fashion against gang
violence. Because of this, the Committee does not adopt the
Department's proposal to eliminate funding for the National
Gang Intelligence Center (NGIC) under the FBI. The NGIC
collects, analyzes, produces, and disseminates gang
intelligence and intelligence products to support Federal,
State, local, and tribal law enforcement as well as
correctional agencies throughout the U.S. The Committee
appreciates the Department's continued attention to the threat
of organized gang violence, and directs the Department to
continue to produce the National Gang Threat Assessment, which
shall include a description of efforts to date and future plans
to cooperate with state and local law enforcement in a
concerted effort to combat the unlawful activities of
multijurisdictional gangs.
Oil and Gas Price Fraud Working Groups.--The Committee
directs the Department of Justice to report to the Committees
on Appropriations the status of the Oil and Gas Price Fraud
Working Group's activities no later than 60 days after the
enactment of this Act.
JUSTICE INFORMATION SHARING TECHNOLOGY
The Committee recommends $33,426,000 for Justice
Information Sharing Technology, which is $10,881,000 below
fiscal year 2012 and the same as the request.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $313,438,000 for the Executive
Office for Immigration Review (EOIR) and the Office of the
Pardon Attorney, of which $4,000,000 is from immigration
examination fees. The recommendation is $8,438,000 above fiscal
year 2012 and the same as the request. The recommendation fully
funds the request in order to allow EOIR to fill vacant
positions, augment its highly successful Legal Orientation
Program (LOP), and keep pace with its increase in workload. The
Committee recommends that the Department consider lifting the
EOIR hiring freeze in light of the current case backlog and the
fact that the Committee has fully funded the request.
Legal Orientation Program.--The recommendation includes a
total program increase of $1,963,000 for the LOP. The LOP
increases detained aliens' awareness of their rights with
regard to EOIR immigration proceedings, allowing them to make
more informed decisions earlier in the adjudication process and
increasing efficiencies for both EOIR courts and Department of
Homeland Security detention programs. A 2008 Vera Institute of
Justice study found that LOP participants conclude their
immigration court cases an average of 13 days sooner than alien
detainees who do not receive LOP assistance. There are
currently 26 LOP sites, 24 of which are in detention settings.
The recommendation supports the addition of six sites, in
response to increasing demand.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $84,199,000 for the Office of
Inspector General, which is the same as fiscal year 2012 and
$1,786,000 below the request.
The Committee notes that the Department convened a task
force in January 1996 to act on the findings of an Inspector
General (IG) report on FBI laboratory practices, and that this
task force concluded its work in 2004. The task force
identified impacted cases, undertook independent reviews in
certain cases and notified the relevant prosecutors so that
they could determine what information needed to be disclosed to
defense counsel. The Committee encourages the IG to undertake a
follow-up review of these activities and to recommend any
further actions, as appropriate, to uphold defendants' rights
to fair trials.
United States Parole Commission
SALARIES AND EXPENSES
The Committee recommends $12,772,000 for the United States
Parole Commission, which is $61,000 below fiscal year 2012 and
the same as the request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends $863,367,000 for General Legal
Activities, which is the same as fiscal year 2012 and
$40,236,000 below the request. This appropriation supports the
establishment of litigation policy, the conduct of litigation,
and other legal responsibilities of the Department of Justice
through the Office of the Solicitor General, the Tax Division,
the Criminal Division, the Civil Division, the Environment and
Natural Resources Division, the Civil Rights Division, the
Office of Legal Counsel, INTERPOL Washington and the Office of
Dispute Resolution. The Committee expects the Criminal Division
to prioritize, within available resources, prosecution of cases
in connection with the Project Safe Childhood program. The
Committee further expects INTERPOL Washington to prioritize,
within available resources, efforts to arrest fugitive sex
offenders, track convicted sex offenders that travel to foreign
countries, combat child sex tourism and locate missing and
exploited children.
INTERPOL.--An INTERPOL red notice is the closest instrument
to an international arrest warrant in use today. The Committee
is concerned by news reports that have suggested that some
foreign governments have fabricated criminal charges against
opposition activists who have been given refuge in other
countries, and then sought their arrest by obtaining red
notices from INTERPOL. The Committee expects the Department and
INTERPOL Washington to ensure that safeguards are in place to
prevent the alleged abuse of the red notice protocols by
foreign countries to target political or religious dissidents.
In addition, the Committee notes that Egypt recently
requested INTERPOL red notices seeking the arrest of American
and other nongovernmental workers it accused of illegally
operating democracy programs and stirring unrest. The Committee
expects the Department to ensure that no such politically-
motivated red notices are issued by INTERPOL.
Human trafficking.--The Committee recommendation includes
not less than the fiscal year 2012 funding level for the Human
Trafficking and Slavery Prosecution Unit (HTSPU) in the Civil
Rights Division to fight human trafficking and slavery. The
Committee encourages the HTSPU and the Anti-Trafficking
Coordination Teams to continue working with victim service
providers and non-governmental organizations to ensure victim
needs are prioritized as part of the overall strategy to combat
human trafficking and slavery in the United States.
Intellectual property.--U.S. industries lose billions of
dollars each year due to counterfeiting and global trade of
illegitimate goods. Within the funding provided, the Committee
expects the Criminal Division to make combating international
piracy of intellectual property a priority, including by
allocating appropriate resources both domestically and overseas
to support anti-piracy efforts.
VACCINE INJURY COMPENSATION TRUST FUND
The recommendation includes $7,833,000 as a reimbursement
from the Vaccine Injury Compensation Trust Fund for costs of
litigating cases under the National Childhood Vaccine Injury
Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommends $159,587,000 for salaries and
expenses of the Antitrust Division, which is the same as fiscal
year 2012 and $5,166,000 below the request. The recommended
funding level is offset by $115,000,000 in fee collections for
a net direct appropriation of $44,587,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $1,965,000,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, which is $5,000,000 above fiscal year 2012
and $9,378,000 below the request.
Adam Walsh Act.--The recommendation includes not less than
the fiscal year 2012 level for the investigation and
prosecution of cases involving the sexual exploitation of
children, as authorized by the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248).
Human trafficking.--In fiscal year 2012, Congress directed
each U.S. Attorney to establish or participate in a regional
human trafficking task force. The accompanying statement of the
managers also directed, ``Task force meetings should focus
specifically on combatting human trafficking, with an emphasis
on undertaking proactive investigations. Such investigations
shall include, for example, the investigation of persons or
entities facilitating trafficking in persons through the use of
classified advertising on the Internet.'' The Committee
currently awaits a response to questions from its February 28,
2012, hearing at which the Attorney General appeared as a
witness, regarding the status of these task forces and whether
a directive from the Attorney General had been sent to the
field on this matter. The Committee expects U.S. Attorneys to
maintain their task force participation and leadership roles in
fiscal year 2013 and to undertake proactive investigations,
including investigations of persons or entities facilitating
trafficking in persons through the use of classified
advertising on the Internet. The Committee directs the
Department to submit an annual report regarding the work of
these task forces. This report shall also identify any U.S.
Attorney's office that is not in compliance with this
directive.
In addition, the Committee directs the Department to
continue to undertake outreach efforts in the form of public
notices with regard to the prevalence of human trafficking
activities and to report to the Committee regarding such
outreach efforts.
Pill mills.--The dispensing of addictive prescription pain
medication under the guise of a doctor's care at so-called
``pill mill'' pain clinics has become an escalating law
enforcement and public health challenge, and the CDC has
classified the abuse of prescription drugs as a national
epidemic. The Committee notes that the Department has
undertaken impressive efforts to reduce these rogue pill mills
in Florida. While the number of Florida doctors in the
nationwide list of the top 100 oxycodone-purchasing physicians
dropped from 90 to 13 in 2012, the Drug Enforcement
Administration's (DEA) Automation of Reports and Consolidated
Orders System now indicates that many of these pill mills have
relocated to other States. Because of the widespread nature of
prescription drug abuse, within the funds provided, the
Committee expects U.S. Attorneys to prioritize the
investigation and prosecution of pain clinics serving as fronts
for the illegal distribution of addictive pain killers.
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $223,258,000 for the United States
Trustee Program (USTP), which is the same as fiscal year 2012
and $4,149,000 below the request. The recommended funding is
fully offset by fee collections.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,000,000 for the Foreign Claims
Settlement Commission, which is the same as fiscal year 2012
and $139,000 below the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000 for fees and expenses
of witnesses who appear on behalf of the Government in cases in
which the United States is a party, which is the same as fiscal
year 2012 and the request. This appropriation is considered
mandatory for scorekeeping purposes.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The Committee recommends $11,456,000 for the Community
Relations Service, which is the same as fiscal year 2012 and
$580,000 below the request.
ASSETS FORFEITURE FUND
The Committee recommends $20,948,000 for the Assets
Forfeiture Fund, which is the same as fiscal year 2012 and the
request. The Committee expects the Department, in exceptional
circumstances, to allow the use of equitable sharing monies for
the cost of support personnel.
United States Marshals Service
SALARIES AND EXPENSES
The Committee recommends $1,188,488,000 for the salaries
and expenses of the United States Marshals Service (USMS),
which is $14,488,000 above fiscal year 2012 and $15,000,000
below the request.
CONSTRUCTION
The Committee recommends $10,000,000 for construction and
related expenses in space controlled, occupied or utilized by
the USMS for prisoner holding and related support, which is
$5,000,000 below fiscal year 2012 and the same as the request.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $1,647,383,000 for Federal
Prisoner Detention (FPD), which is $66,788,000 above the amount
appropriated in fiscal year 2012 to the Office of the Federal
Detention Trustee (OFDT) and $20,852,000 below the request.
Since 2002, the care of Federal detainees in private, State
and local facilities and the costs associated with these
efforts have been funded under OFDT. The Committee adopts the
proposal in the request to eliminate the OFDT and merge its
activities and resources into the USMS. The resulting merger
will align the accountability of resources with the
responsibility of Federal detention operations under a single
command and control structure within the USMS leadership. The
Committee expects that the USMS will expand upon OFDT's work to
achieve efficiencies, cost reductions and cost avoidance in
detention through process and infrastructure improvements.
National Security Division
SALARIES AND EXPENSES
The Committee recommends $90,039,000 for the National
Security Division (NSD), which is $3,039,000 above fiscal year
2012 and the same as the request.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $521,793,000 for Interagency Crime
and Drug Enforcement, which is $5,719,000 below fiscal year
2012 and $3,000,000 below the request. Funds are included under
this heading to support the interagency program of the
Organized Crime Drug Enforcement Task Forces (OCDETF), which
focuses participants on the mission of attacking high-level
drug trafficking organizations through coordinated, multi-
jurisdictional investigations.
Decision unit subtotals.--The Committee recommendation
includes $370,602,000 for investigations and $151,191,000 for
prosecutions. The Committee adopts the requested program
reduction of $12,799,000, applied primarily to investigations,
in order to avoid further imbalance to the agent-to-attorney
ratio in the OCDETF program. The Committee notes that the DEA
routinely allocates personnel funded from the DEA Salaries and
Expenses account to OCDETF cases as these are, by definition,
high priority drug cases. Other investigative agencies also
devote direct appropriations to OCDETF cases. The Committee
directs OCDETF to submit a report, no later than 120 days after
the enactment of this Act, presenting and justifying an optimal
agent-to-attorney ratio on OCDETF cases, and displaying current
and historical levels of investigative and prosecutorial FTE
devoted to OCDETF cases, including FTE funded under this
account and FTE funded from other appropriations.
Transnational organized crime.--The recommendation does not
include a requested program increase of $3,000,000 for
transnational organized crime investigations, which was
intended to support the operations of the International
Organized Crime Intelligence and Operations Center (IOC-2). The
Committee notes that no funding was provided specifically for
IOC-2 in fiscal year 2012, and that the Committee has not
received any reprogramming notifications proposing to fund IOC-
2 in fiscal year 2012. The Committee directs the Department to
submit a report by October 15, 2012, detailing any amounts
allocated for IOC-2, and the corresponding staffing levels, in
each fiscal year since its establishment.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $8,185,007,000 for the Salaries
and Expenses account of the Federal Bureau of Investigation
(FBI), which is $148,016,000 above fiscal year 2012 and
$33,986,000 above the request. The recommendation includes
$3,310,258,000 and 12,835 positions for the Counterterrorism
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Computer intrusions.--Cyber attacks and crimes are becoming
more common, more sophisticated, and more dangerous. The threat
from state-sponsored, terrorist and criminal computer
intrusions continues to increase. The recommendation includes a
program increase of $23,132,000 and 112 positions for
investigative, intelligence and technology improvements to
prevent and combat malicious cyber intrusions. Just as the FBI
developed its counterterrorism capabilities after 9/11, the
Committee supports a similar approach to the cyber threat. The
FBI must ensure that agents, analysts and other staff have the
skills and resources to operate proactively in the cyber
environment. The recommended increase will support an
additional 35 computer specialists, 14 special agents, 40
intelligence analysts and 23 professional staff to further
develop the FBI capabilities in this area. The Committee
encourages the FBI to develop a national network of cyber task
forces, based upon the Joint Terrorism Task Force model, to
leverage the participation of State, local and international
partners. The Committee directs the FBI to continue to produce
an annual national cyber threat assessment, in both classified
and unclassified versions, and submit such reports to the
Committee no later than 120 days after the enactment of this
Act. The Committee expects the report to include an
identification and ranking of the foreign governments and non-
state actors posing the greatest cyber threats to the United
States.
Gangs.--According to the 2011 National Gang Threat
Assessment, the most notable recent gang crime trends have been
``the overall increase in gang membership, and the expansion of
criminal street gangs' control of street-level drug sales and
collaboration with rival gangs and other criminal
organizations.'' In light of this growing threat, the
recommendation rejects the Administration's proposal to
eliminate the National Gang Intelligence Center (NGIC).
Instead, the recommendation includes $9,000,000 above the
request for gang programs. This funding is intended to restore
funding for NGIC and provide additional resources to existing
Safe Streets Task Forces to combat violent gang crime. The
Committee expects the Bureau to deploy any additional agents or
other personnel to the task forces experiencing the most severe
violent gang crime, and report to the Committee on the
allocation of these resources.
Surveillance.--The recommendation includes a program
increase of $10,244,000 for additional surveillance specialists
to improve the FBI's ability to provide physical surveillance
for both national security and criminal investigations. The
Committee expects the FBI to report, no later than 120 days
after enactment of this Act, on the planned uses of funds, the
number of new specialists and teams expected to be added as a
result of this increase, and a plan for their deployment.
Financial crime.--The recommendation includes a program
increase of $6,610,000 to combat corporate, securities,
commodities and mortgage fraud. The Committee expects that this
increase will support the creation of at least two hybrid
squads to assist in the investigation of the highest impact
complex financial crime cases. The recommended funding also
includes the requested resources to continue the additional
positions provided in fiscal year 2009 to enhance the
investigation of white collar and financial crime.
Stimulus fraud.--The Committee notes that another major
activity under the FBI's white collar crime program is the
investigation of fraud related to the $787,000,000,000 provided
in the American Recovery and Reinvestment Act (Public Law 111-
5). The Committee understands that the FBI has 147 pending
stimulus fraud cases, almost double the 2011 caseload. The
fraud threats in this regard include bribery by public
officials and contractors, and fraud tied to rapid
implementation of programs and minimal oversight such as
falsification of documents and manipulation of contracts for
personal benefit. The pressure for expedited obligation of
funds for stimulus projects makes them particularly vulnerable
to corruption and fraud. The Committee directs the FBI to
submit a report, no later than 120 days after enactment of this
Act, detailing stimulus fraud trends and the FBI's work on such
cases from 2009 to the present.
Electronic surveillance capabilities.--The FBI received
additional resources in fiscal year 2012 to enhance law
enforcement's ability to access, intercept, collect and process
wire or electronic communications to which they are lawfully
authorized, including funds to establish and operate a Domestic
Communications Assistance Center, which will serve as a hub for
the management of knowledge and technical expertise regarding
lawful electronic surveillance and facilitate the sharing of
solutions among Federal, State and local law enforcement. The
Committee directs the FBI to submit a report, no later than 90
days after enactment of this Act, detailing the fiscal year
2013 budget requirements of the Center, the participation by
other agencies, and the accomplishments of the Center to date.
Human trafficking.--The Committee understands that the FBI
increased funding dedicated to the investigation of severe
forms of trafficking in persons by 17 percent in fiscal year
2012. Within the amount recommended for fiscal year 2013, the
Committee expects the Bureau to further increase such
activities. The FBI shall submit a report to the Committee no
later than 120 days after the enactment of this Act on agent
utilization and overall staff resources dedicated to
trafficking in fiscal years 2010 through 2013. The report shall
also include details on the participation of FBI personnel in
human trafficking task forces. In addition, the Committee
expects the Bureau to share trafficking case information on an
ongoing basis with other law enforcement agencies and task
forces working similar cases.
There is an acute need for better data collection in order
to effectively combat severe forms of trafficking in persons in
the United States. The Committee notes that the William
Wilberforce Trafficking Victims Protection Act of 2008 (Public
Law 110-457) created the new category of ``Human Trafficking''
among the serious crimes included in the FBI's Uniform Crime
Report (UCR). The Committee directs the FBI to take the
necessary steps to enable participating law enforcement
agencies to report crimes meeting the definition of human
trafficking under the UCR as soon as possible, but no later
than January 1, 2013. The Committee believes that the inclusion
of this data in the UCR will improve law enforcement response
to these offenses.
Domestic radicalization.--A significant element of the
overall terrorist threat to the United States is domestic
radicalization. Individuals in the United States can become
radicalized and motivated to conduct terror attacks in the
United States. Others can become radicalized in the United
States and attempt to travel abroad to participate in terrorist
or insurgent activities. Finally, individuals in the United
States can become radicalized and use the Internet to further
their radicalization and contribute to the radicalization of
others. The Committee directs the FBI to submit a report in
classified and unclassified form, no later than 120 days after
enactment of this Act, on its efforts to counter the domestic
radicalization threat. The report should include a specific
focus on combating radicalization efforts that involve the use
of the Internet. The Committee also understands that the FBI
intends to establish a Countering Violent Extremism Office
within the National Security Branch. The Committee reminds the
FBI that section 505 requires notification regarding any
reprogramming of funds that reorganizes or renames offices,
programs or activities. The Committee expects to receive such a
notification explaining and justifying the proposed
organizational change.
Human rights violations.--The Committee expects the FBI to
continue the current level of effort to investigate and support
DOJ's criminal prosecution of serious human rights crimes
committed by foreign nationals who are in the United States.
The Committee directs the FBI to submit an annual report on
such investigations and prosecutions, with the first annual
report to be received by the Committee no later than 120 days
after enactment of this Act.
Counterterrorism training materials.--Materials developed
or approved by the FBI to train agents and other FBI personnel
on counterterrorism matters should exhibit the highest
standards of accuracy and completeness. While all such
materials should undergo rigorous review before being approved
for use, the Committee expects that such review will be
conducted by qualified and objective subject matter experts.
Further, the FBI shall keep the Committee aware of any such
review process and ensure that reviews do not prevent
legitimate information from being presented.
Centralizing FBI records.--FBI files are dispersed in more
than 265 locations worldwide, and are in locations that leave
them vulnerable to environmental damage and often lack adequate
security. Recently over 8,700 linear feet of files were damaged
as a result of flooding, requiring costly and time-consuming
remediation. The Committee is aware of the FBI's long-standing
plans to establish a permanent facility for storage of FBI
records. The Committee directs the FBI to continue supporting
its nationwide file inventory efforts, and to submit a plan for
the establishment of a permanent facility with the fiscal year
2014 budget request. Such plan should include the use of
existing balances of prior year appropriations.
Liaison partnerships.--The Committee supports the FBI's
policy prohibiting any formal non-investigative cooperation
with the Council on American-Islamic Relations (CAIR), and
continues to expect the FBI to report to the Committee
regarding any violations of this policy. The Committee also
encourages the FBI to adopt similar policies, where
appropriate, with regard to other individuals and organizations
identified as unindicted co-conspirators in terrorism-related
cases.
Intelligence analysis.--The work performed by FBI
intelligence analysts is essential to the FBI's ability to
analyze threats to national security and identify potential
courses of action. The recommendation includes full funding to
support the requested base cadre of 3,025 intelligence analysts
plus an additional 40 analyst positions funded by the program
increase for computer intrusions in this Act. The
recommendation also includes requested funding for intelligence
training, including training for three distinct intelligence
analyst career paths.
Terrorist Screening Center.--The recommendation includes
$87,901,000 and 130 positions for the Terrorist Screening
Center. The Committee notes that the FBI's Terrorist Screening
Center integrates information from the law enforcement and
intelligence communities to support the ability of front-line
screening agencies to identify known or suspected terrorists.
The Committee directs the FBI to submit a report, not later
than January 15, 2013, on current systems in place to similarly
identify known and suspected war criminals and international
organized crime figures. The report shall include
recommendations for ways to facilitate integration and
dissemination of information to better identify and apprehend
such individuals.
Foreign Terrorist Tracking Task Force (FTTTF).--The
recommendation includes $61,549,000 and 82 positions for the
FTTTF to provide information to keep foreign terrorists out of
the United States or to lead to the removal, detention or
prosecution of foreign terrorists.
Counterintelligence.--According to the 2011 Report to
Congress of the U.S.-China Economic and Security Review
Commission, the Chinese government makes extensive use of front
organizations that purport to have educational, cultural or
professional purposes, but are frequently controlled by
military, intelligence or Communist Party entities. The
Committee directs the FBI to report to the Committee, no later
than 120 days after enactment of this Act, on any such
organizations engaged in exchange programs involving officials
of the U.S. government and on efforts within the U.S.
government to ensure that the U.S. officials taking part in
such programs are made aware of the Chinese institutional
actors involved with these exchange programs.
Economic warfare.--The Committee is concerned that the
Federal government may be unprepared to deal with the potential
threat of economic warfare, which could occur when a foreign
country or actor uses its sovereign wealth funds or other
state-directed financial tools to try to undermine U.S. markets
and inflict damage on the economy. The Committee directs the
Bureau to study this potential threat and how it may be
mitigated, and to report to the Committee no later than 120
days after enactment of this Act. The Committee also urges the
FBI to involve other agencies in this effort, including, but
not limited to, the Department of the Treasury and the
Securities and Exchange Commission.
Intellectual property rights (IPR) enforcement.--The
Committee expects the FBI to continue to prioritize the
investigation of IPR cases, and to coordinate with IPR units at
the U.S. Attorneys and the Criminal Division. The Committee
notes and commends the investigative work of the FBI related to
such violations of Federal law over the last year. The FBI
shall submit a report, not later than 120 days after enactment
of this Act, on the activities of its dedicated agents
investigating IPR cases.
Next Generation Identification.--The Committee encourages
continued enhancements of established interoperability and
real-time data sharing among interagency biometric identity
management systems in light of the demonstrated value to
national security and public safety that has come from these
efforts. The Committee expects the FBI's Criminal Justice
Information Services Division (CJIS) to continue to develop the
Next Generation Identification system, including the Rap Back
capability that will enable recurrent vetting of known
identities. The Committee encourages the FBI to develop a Rap
Back fee strategy that will accommodate both the Federal and
non-Federal users to ensure the most cost effective fee
administration across CJIS Rap Back services for these users.
Law enforcement wireless communications.--The
recommendation under this heading reflects a base transfer of
$66,900,000 to this account as part of a Department-wide
proposal to allocate to different DOJ entities the funding for
radio operations and maintenance and terminate the separate
Tactical Law Enforcement Wireless Communications account. The
Committee notes that this transfer did not include any funding
for modernization activities and that no funds have been
requested under any DOJ account for radio system modernization.
The FBI shall submit a spending plan for this funding no later
than 30 days after the enactment of this Act, and shall notify
the Committee in advance of any reallocation of operations and
maintenance funding to modernization efforts.
CONSTRUCTION
The Committee recommends $80,982,000 for the construction
of FBI facilities and related activities, which is the same as
fiscal year 2012 and the request.
Drug Enforcement Administration
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,396,504,000 for Drug Enforcement Administration (DEA)
salaries and expenses, of which $352,600,000 is derived from
fees deposited in the Diversion Control Fund, and
$2,043,904,000 is provided by direct appropriation. The
recommended direct appropriation is $18,904,000 above fiscal
year 2012 and $7,000,000 below the request.
The recommendation includes $8,026,000 to continue certain
activities formerly carried out by the National Drug
Intelligence Center, specifically document exploitation and the
production of high priority strategic intelligence reports. The
recommendation terminates the Center and the separate
appropriation account for the Center and transfers these
functions to DEA. The recommendation also includes reductions
that assume the achievement of operational, administrative and
information technology efficiencies totaling $23,034,000.
Diversion control.--The recommendation includes
$352,600,000 for the regulatory and enforcement activities of
DEA's Diversion Control Program, an increase of $30,600,000
above the fiscal year 2012 level and the same as the request.
The Diversion Control Program is fully funded by fee
collections. The Committee understands that a new fee rule has
been posted and collections under the new rule are anticipated
to increase by about $6,000,000 per month, beginning in mid-
2012. The Committee expects the recommended funding level for
fiscal year 2013 to support the filling of an additional 87
vacant positions to provide investigative support for new
Tactical Diversion Squads initiated in fiscal year 2012, and to
support increased frequency of scheduled regulatory
investigations.
Methamphetamine lab cleanup.--The funding recommendation
for Community Oriented Policing Services includes $12,500,000
for transfer to DEA to assist State, local and tribal law
enforcement agencies with the proper removal and disposal of
hazardous materials at clandestine methamphetamine labs,
including funds for training, technical assistance, purchase of
equipment, and a container program. In fiscal year 2011, there
were 5,598 methamphetamine lab cleanups administered by DEA,
and an increase above that number is projected for fiscal year
2012. The Committee encourages DEA to continue to work with
States to implement container programs, which result in a
substantial reduction in the unit cost of lab cleanups. The
Committee understands that there are currently seven States
with such programs in operation. The recommended funding level
is intended to support container pickups from six additional
State container programs in fiscal year 2013.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,153,345,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is $1,345,000 above fiscal year 2012
and the same as the request.
The recommendation makes permanent three long-standing
funding prohibitions under this heading related to the
definition of ``curios and relics,'' physical inventories, and
the denial of applications due to a lack of business activity.
Gangs.--Within the amount provided, the Committee expects
ATF to prioritize, and preserve current funding levels for,
Violent Crime Impact Teams, which bring focused law enforcement
attention to communities plagued by gang violence.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $6,820,217,000 for the salaries
and expenses of the Federal Prison System, which is
$268,936,000 above fiscal year 2012 and the same as the
request.
Reentry research and reforms.--The Committee continues its
efforts to understand and address the drivers of overcrowding,
costs and recidivism. The Committee directs the Bureau of
Prisons (BOP) to undertake a comprehensive analysis of its
policies and determine the reforms and best practices that will
help reduce costs and recidivism. The Committee is aware that
most State corrections systems began their reform process by
providing outside experts with corrections data in order to
obtain a comprehensive analysis. The Committee encourages the
Director to share additional corrections data with outside
experts in order to build upon prior efforts.
In addition, the Committee directs the BOP to report to the
Committee not later than 60 days after the enactment of this
Act on successful State-level reforms that have the potential
to be adapted to the Federal prison system in order to reduce
recidivism and the costs of incarceration. Such report shall
distinguish between reforms that could be implemented under
existing Department authority and reforms that would require
statutory changes in order to be implemented.
Sentence reduction opportunities.--In its fiscal year 2012
budget request, the Department submitted two proposals to amend
the statutory law on Federal inmate good conduct time to
provide inmates additional incentives to encourage positive
behavior and save $41,000,000 during the fiscal year. The two
proposals were not enacted. For fiscal year 2013, the
Department again included the proposals in its request and
built a $41,000,000 offset into its request. The Committee
expects that the BOP will not base its future budget requests
on the assumption of significant savings from unrealistic
legislative proposals. The Committee expects the BOP to find
alternative ways to accomplish savings and operate within the
budget request.
Growth in inmate population.--The recommendation supports
the anticipated growth in the inmate population by completing
the activation of two prisons and starting the activation of an
additional two newly constructed prisons.
Contract confinement.--The recommendation supports the
requested program increase of $25,865,000 for 1,000 low
security contract confinement beds. The Committee expects the
BOP to meet bed space needs using State, local and private
prison capacity, if these facilities meet the BOP's standards,
as a means to control overcrowding.
Inmate data.--The Committee encourages the National
Institute of Corrections to recommend best practices for State
corrections agencies to develop, maintain, and update inmate
home address data.
BUILDINGS AND FACILITIES
The Committee recommends $90,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, which is the
same as fiscal year 2012 and $9,189,000 below the request.
Construction.--Although the BOP anticipates activating up
to seven new prisons by fiscal year 2018, it will be unable to
maintain that schedule without significant new construction
appropriation requests in fiscal years 2014 and beyond. The
Committee has already provided initial appropriations for the
construction of four new prisons, which the Department proposed
to rescind. Due to inmate population and overcrowding growth
estimates, the Committee encourages the BOP to include funding
for construction in future requests. In addition, the Committee
directs the BOP to continue to provide a monthly status of
construction report, and to notify the Committee of any
deviation from the construction and activation schedule
identified in those reports.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The Committee recommends a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated, which is the same as fiscal year 2012 and the
request.
Federal Prison Industries.--The Committee directs FPI to
maintain a database of foreign products being procured by
Federal agencies and to provide a quarterly report to the
Committee on FPI's capacity to provide these services as an
alternative to foreign manufacturers.
State and Local Law Enforcement Activities
In total, the Committee recommends $1,849,800,000 for State
and local law enforcement and crime prevention grant programs,
which is $377,500,000 below fiscal year 2012 and $51,413,000
above the request.
Spending plan.--The Committee directs the Department to
submit a spending plan for the programs funded under this
heading to the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after the
enactment of this Act.
Management and administration expenses.--The Committee
directs the Department, in preparation of its fiscal year 2013
spending plan, to assess management and administration expenses
against program funding. The spending plan shall include a
description of the proposed assessment methodology. The
Committee directs the Department to ensure that this
methodology is equitable and reflects a fair representation of
the share of each program devoted to common management and
administration costs. The Committee notes that an across-the-
board percentage assessment may not be the most equitable
solution. The Committee is aware that, in general, the
Department's grant offices for State and Local Law Enforcement
Activities have authority to allocate certain expenses
administratively to various categories that are ancillary to
the core purposes of the appropriation (e.g., peer review for a
competitive program, training and technical assistance, and
research and statistical activities). The Committee requests
that the Department's spending plan identify such planned
ancillary expenses by category or object code. The Committee
encourages grant offices to minimize administrative spending in
order to maximize funding for grants or training and technical
assistance.
Areas experiencing increases in both population and
crime.-- The Committee is aware that portions of the country
are experiencing a dramatic increase in population due to
unique geographic and economic factors. Along with the increase
in population, some of these communities are also experiencing
a significant increase in crime that is exhausting already-
limited law enforcement resources. The Committee directs the
Office of Justice Programs to provide the Committee with a
report on any efforts currently underway to address the unique
challenges that face law enforcement in these communities and
the effectiveness of the current State and Local Law
Enforcement Assistance grants in addressing areas that have
experienced this significant increase in population and crime.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $415,000,000 for the Office on
Violence Against Women (OVW), which is $2,500,000 above fiscal
year 2012 and $147,000,000 above the request. The
recommendation instead provides direct appropriations for
violence against women programs, rather than providing partial
funding from Crime Victims Fund balances as proposed in the
request. The recommendation includes funding above the request
for transitional housing assistance and research and evaluation
on violence against women programs. Funds are distributed as
follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants.............................................. $189,000
Transitional Housing Assistance.......................... 25,000
Research and Evaluation on Violence against Women........ 3,500
Consolidated Youth-oriented Program...................... 10,000
Grants to Encourage Arrest Policies...................... 50,000
Sexual Assault Victims Services.......................... 23,000
Rural Domestic Violence and Child Abuse Enforcement...... 36,500
Violence on College Campuses............................. 9,000
Civil Legal Assistance................................... 41,000
Elder Abuse Grant Program................................ 4,250
Safe Havens Program...................................... 11,500
Education and Training for Disabled Female Victims....... 5,750
Court Training and Improvements Program.................. 4,500
National Resource Center on Workplace Responses.......... 500
Research on Violence against Indian Women................ 1,000
Indian Country--Sexual Assault Clearinghouse............. 500
==============
TOTAL, Violence Against Women Prevention and $415,000
Prosecution Programs..................................
------------------------------------------------------------------------
STOP grants.--The recommendation includes $189,000,000 for
STOP grants. The STOP Grant Program is one of the most far-
reaching programs authorized under the Violence Against Women
Act. STOP grants are used to assist thousands of victims in
finding safety and receiving recovery services, and to assist
law enforcement and prosecutors in holding perpetrators
accountable for their actions. Under the STOP Grant Program,
OVW awards funds to every State and territory through a
formula-based system, and many recipients use STOP funding to
establish special units in law enforcement agencies and
prosecutors' offices to address violence against women.
Transitional housing assistance.--The recommendation
includes $25,000,000 for transitional housing assistance
grants, which is $3,000,000 above the request. The Committee
understands that domestic violence victims and their families
have a critical need for safe and affordable housing as they
seek to rebuild their lives after escaping a dangerous
environment. Under this program, grantees may offer
individualized services such as counseling, support groups,
safety planning, and advocacy services as well as practical
services including licensed child care, employment services,
transportation vouchers, and referrals to other agencies.
Research on violence against women.--``Honor violence'' is
a form of violence against women committed with the motive of
protecting or regaining the honor of the perpetrator, family or
community. There is currently a lack of statistical information
on the occurrence of honor violence in the United States.
Within the funds provided, the Committee expects OVW and the
National Institute of Justice (NIJ) to study this matter and
recommend ways to determine the prevalence of honor violence
and recommend best practices for law enforcement and service
providers for prevention and response.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The Committee recommends $112,000,000 for Research,
Evaluation and Statistics, which is $1,000,000 below fiscal
year 2012 and $24,000,000 below the request. Funds are
distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics............................. $45,000
National Institute of Justice............................ 40,000
Regional information sharing activities.................. 27,000
==============
TOTAL, Research, Evaluation and Statistics............. $112,000
------------------------------------------------------------------------
Domestic radicalization.--According to the Congressional
Research Service, there have been 53 homegrown jihadist
terrorist plots and attacks since 9/11, including 32 plots or
attacks since May 2009. The Committee appreciates the efforts
of the NIJ in examining the drivers of domestic radicalization
and defining the role of State and local law enforcement in
breaking the radicalization and recruitment cycle that sustains
terrorism. The Committee is concerned that violent
radicalization--the process of adopting or promoting an
extremist belief system for the purpose of facilitating
ideologically based violence to advance political, religious,
or social change--is a significant and elusive aspect of the
terrorism threat to the U.S. Therefore, in addition to the
resources provided under this heading to NIJ, $4,000,000 is
provided under the State and Local Enforcement Assistance
account for such research.
National Law Enforcement and Corrections Technology
Centers.--The Committee continues to support the National Law
Enforcement and Corrections Technology Centers, a network of
facilities and capabilities that converts technology to law
enforcement use. The Centers provide actual casework assistance
when highly-specialized technologies are required, and help
identify and locate high quality technologies and equipment for
law enforcement use. The recommendation continues the current
year level of funding for the Centers.
Regional information sharing activities.--The Committee
recommendation includes $27,000,000 for regional information
sharing activities, which is the same as fiscal year 2012 and
the request, to support activities that enable the sharing of
nationwide criminal intelligence and other resources with
State, local, and other law enforcement agencies and
organizations. Such activities should address critical and
chronic criminal threats, including gangs, terrorism,
narcotics, weapons and officer safety or ``event
deconfliction,'' and should reflect regional as well as
national threat priorities. In addition, funds shall be
available to support local-to-local law enforcement data and
information sharing efforts focused on solving routine crimes,
especially in rural areas, by sharing law enforcement
information not categorized as criminal intelligence. All
activities shall be consistent with national information-
sharing standards and requirements as determined by the Bureau
of Justice Assistance.
Blue Alerts.--Blue Alerts provide the means to speed the
apprehension of violent criminals who kill or seriously injure
local, State, or Federal law enforcement officers. Fifteen
states have adopted Blue Alert notification systems. The
Committee encourages the Department to examine the utility and
feasibility of establishing a national Blue Alert
communications network to issue Blue Alerts in coordination
with States, units of local government, local law enforcement
agencies, and other appropriate entities.
Spending plans.--The Committee directs the Department to
submit as part of its spending plan for State and Local Law
Enforcement Activities a plan for the use of all funding
administered by NIJ and the Bureau of Justice Statistics,
respectively.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends $962,500,000 for State and Local
Law Enforcement Assistance programs, which is $200,000,000
below fiscal year 2012 and $181,000,000 above the request. The
recommendation provides direct appropriations for programs
under this heading rather than providing partial funding from
Crime Victims Fund balances as proposed in the request. Funds
are distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants................. $370,000
Domestic Radicalization Research....................... (4,000)
VALOR Initiative....................................... (5,000)
State Criminal Alien Assistance Program.................. 165,000
Byrne Competitive Grants................................. 20,000
Missing Alzheimer's Patients Grants...................... 1,000
Victims of Trafficking Grants............................ 13,500
Drug Courts.............................................. 41,000
Veterans' Treatment Courts............................... 4,000
Prescription Drug Monitoring............................. 7,000
Prison Rape Prevention and Prosecution................... 12,500
Residential Substance Abuse Treatment.................... 15,000
Capital Litigation and Wrongful Conviction Review........ 1,000
Mentally Ill Offender Act................................ 9,000
Tribal Assistance........................................ 38,000
Economic, High-tech and Cybercrime Prevention............ 7,000
CASA--Special Advocates.................................. 4,500
Bulletproof Vests........................................ 20,000
National Instant Criminal Background Check System........ 12,000
Criminal Records Upgrade................................. 6,000
Second Chance Act/Offender Reentry....................... 70,000
Smart Probation........................................ (6,000)
Adam Walsh Act Implementation............................ 20,000
National Sex Offender Public Website..................... 1,000
DNA Initiative........................................... 125,000
Debbie Smith DNA Backlog Grants........................ (117,000)
Post-Conviction DNA Testing Grants..................... (4,000)
Sexual Assault Forensic Exam Program Grants............ (4,000)
==============
TOTAL, State and Local Law Enforcement Assistance...... $962,500
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant (Byrne/JAG)
program.--The recommendation includes $370,000,000 for the
Byrne/JAG program. Funding under this formula program is
authorized for law enforcement programs; prosecution and court
programs; prevention and education programs; corrections
programs; drug treatment and enforcement programs; planning,
evaluation, and technology improvement programs; and crime
victim and witness programs, other than compensation. Within
the amount provided, $4,000,000 is for research on domestic
radicalization and $5,000,000 is for the Preventing Violence
Against Law Enforcement and Ensuring Officer Resilience and
Survivability (VALOR) initiative. Adjusting for one-time costs
related to the 2012 presidential nominating conventions, the
recommendation for Byrne/JAG is the same as the fiscal year
2012 level. The Committee understands that pretrial services
programs are an eligible purpose area under the Byrne/JAG
program. The Committee urges the Department of Justice to
require all pretrial release programs receiving Byrne/JAG funds
to report annually on program performance.
State Criminal Alien Assistance Program (SCAAP).--SCAAP
provides grants that reimburse States and localities for the
costs incurred in incarcerating undocumented criminal aliens.
The recommendation includes $165,000,000 for SCAAP, an increase
of $95,000,000 above the request.
Byrne competitive grants.--The recommendation includes
$20,000,000, an increase of $5,000,000 above the fiscal year
2012 level, for competitive grants to improve the functioning
of the criminal justice system, prevent or combat juvenile
delinquency, and assist victims of crime.
Human trafficking.--The recommendation includes $13,500,000
for human trafficking task force activities and for services
for victims, an increase of $3,000,000 above fiscal year 2012
and the request. According to NIJ, the Department of Justice
has funded 53 jurisdictions and 43 trafficking victim services
providers focusing on collaborative efforts to identify, rescue
and assist victims of trafficking.
Drug courts.--The recommendation includes $41,000,000 for
drug courts, which is $6,000,000 above the fiscal year 2012
level. Drug courts help reduce recidivism and substance abuse
among non-violent offenders and increase an offender's
likelihood of successful rehabilitation through intense,
judicially-supervised treatment, mandatory periodic drug
testing, community supervision, and appropriate sanctions. The
Committee expects these funds to be used to provide grants and
technical assistance to State, local, and tribal governments to
support the development, expansion, and enhancement of drug
courts, based upon their efficacy as a systematic response to
substance abuse and crime.
Mentally ill offenders.--The recommendation includes
$9,000,000 for mentally ill offender programs. Many people with
serious mental illnesses become caught-up in the criminal
justice system, often with tragic results. Grants provided
under the Mentally Ill Offender Treatment and Crime Reduction
Act (Public Law 108-414) provide support for a broad range of
activities, including mental health courts, mental health and
substance abuse treatment for incarcerated mentally ill
offenders, community reentry services, and cross-training of
criminal justice, law enforcement, and mental health personnel.
Such grants also promote improved training of State and local
law enforcement to help them identify and improve responses to
people with mental illnesses.
Veterans treatment courts.--The recommendation includes
$4,000,000 to establish a funding source specifically to
support veterans treatment courts. The Committee expects the
Department to work in conjunction with the Department of
Veterans Affairs, as appropriate, to provide grant support for
collaborative, rehabilitative approaches for continuing
judicial supervision over offenders who are veterans.
Economic, high-technology and cyber crime.--The Committee
recommendation includes $7,000,000 for economic, high-
technology, and cyber crime prevention. The Committee
encourages the Department to assist State and local law
enforcement agencies with the prevention, investigation and
prosecution of intellectual property crimes. This program,
administered by the Bureau of Justice Assistance (BJA),
provides competitive grants to support and train State and
local public safety agencies to combat intellectual property
crimes such as counterfeiting and piracy.
Prescription drug monitoring.--The Committee recommendation
includes $7,000,000 for the Prescription Drug Monitoring
Program (PDMP). The diversion and abuse of prescription
medications has become our Nation's fastest growing drug
problem, with overdose deaths now surpassing motor vehicle
accidents as the number one cause of accidental deaths
nationwide. The Committee supports BJA's long-standing goal of
increasing the quantity and quality of State-run prescription
drug monitoring programs through the PDMP, as well as efforts
in recent years to combat interstate diversion through the
secure exchange of data among prescription monitoring programs
(PMPs) via the Prescription Monitoring Information Exchange
(PMIX) Architecture and the RxCheck hub. However, the Committee
notes that a number of States, including PDMP grantees, have
committed to data exchange through another hub, the PMP
InterConnect hub. The Committee encourages BJA to allow past
and future PDMP grant recipients to utilize enhancement funds
to facilitate interstate data exchange, irrespective of the
grantee's hub of choice. The Committee further encourages BJA
to collaborate with all stakeholders in the development and
finalization of the PMIX Architecture so that the goal of 50
interconnected States can be achieved through hub-to-hub
communication.
NICS Improvement Amendments Act (NIAA) program.--The
recommendation includes $12,000,000 for the NIAA program, which
is an increase of $7,000,000 above fiscal year 2012 and the
request. The National Instant Criminal Background Check System
(NICS) is a critical tool for keeping firearms out of the hands
of prohibited persons, but it is only as effective as the
information entered into the databases upon which it relies.
The NIAA seeks to address gaps in the information available to
NICS by providing grants to States for the establishment or
upgrade of information and identification technologies related
to firearms purchasing eligibility determinations. According to
OJP, jurisdictions continue to struggle with meeting the
eligibility requirements mandated by the NIAA. At present, only
16 States are eligible for grants. The Committee understands
that ATF is willing to provide technical assistance to all
States seeking to establish programs that meet the eligibility
requirements for grants under the NIAA. The Committee urges OJP
and ATF to assist States that are not currently eligible for
NIAA grants in meeting the eligibility requirements and thereby
enable them to begin contributing to the nationwide
strengthening of NICS. In addition, the Committee directs OJP
to make available prior year unobligated NIAA funding to
augment this program.
Reentry.--The recommendation includes $70,000,000 for
Second Chance Act grants. The Committee remains concerned that
despite a dramatic increase in corrections spending over the
past two decades, recidivism and re-incarceration rates are
largely unchanged. The Committee is aware that case studies of
innovative, evidence-based practices provide a strong
indication that this pattern can be reversed. In fact, Kansas,
Texas, Ohio and North Carolina have demonstrated how data-
driven justice reinvestment strategies can have a remarkable
impact on prison populations and costs. The Committee expects
that Second Chance Act grants will foster the implementation of
strategies that have been proven to reduce recidivism and
ensure safe and successful reentry back to their communities of
adults released from prisons and jails. The Committee directs
the Department to submit as part of its spending plan for State
and Local Law Enforcement Activities a plan for the use of all
funds appropriated for Second Chance Act programs. The
Committee expects such plan to designate funds for proven,
evidenced-based programs that will further the goal of
maximizing public safety.
Tribal assistance.--The recommendation includes $38,000,000
for tribal grant programs. The Committee expects OJP to
continue to consult closely with tribal stakeholders in
determining how tribal assistance funds will be allocated among
grant programs that improve public safety in tribal
communities, such as grants for detention facilities under
section 20109 of subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322),
civil and criminal legal assistance as authorized by title I of
Public Law 106-559, tribal courts, and alcohol and substance
abuse reduction assistance programs. The Committee directs OJP
to submit, as part of the Department's spending plan, an
allocation of these funds that has been informed by such
consultation. The Committee notes that the recommendation
includes additional grant funding for tribal law enforcement
programs through COPS and OVW.
DNA backlog elimination.--The Committee recommendation
includes $125,000,000 for DNA-related and forensic programs and
activities. The request proposed to make available $100,000,000
to fund the DNA Initiative. Within the funding provided, the
Committee provides $4,000,000 each for Post-Conviction DNA
Testing grants and Sexual Assault Forensic Exam Program grants.
The Committee expects that OJP will make funding for DNA
analysis and capacity enhancement a priority to meet the
purposes of the Debbie Smith DNA Backlog Grant Program. The
Committee directs the Department to submit as part of its
spending plan for State and Local Law Enforcement Activities a
plan for the use of all funds appropriated for DNA-related and
forensic programs and a report on the alignment of appropriated
funds with the authorized purposes of the Debbie Smith DNA
Backlog Grant Program.
Adam Walsh Act.--The recommendation includes $20,000,000
for the implementation of Adam Walsh Act programs. The
Committee understands that the Adam Walsh Act is a crucial tool
for protecting children from dangerous predators who wish to
exploit them. The Committee encourages the Department to
allocate a portion of the funds available for Adam Walsh Act
implementation for grants to train and employ personnel to help
prosecute cases cleared through use of funds provided for DNA
backlog elimination as authorized by section 624 of the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248).
Evidence-based programs.--The Committee strongly urges the
Department to ensure that, to the greatest extent practicable,
competitive grants are used for evidence-based programs and
activities.
JUVENILE JUSTICE PROGRAMS
The Committee recommends $209,500,000 for Juvenile Justice
programs, which is $53,000,000 below fiscal year 2012 and
$35,500,000 below the request. The recommendation provides
direct appropriations for programs under this heading rather
than providing partial funding from Crime Victims Fund balances
as proposed in the request. Funds are distributed as follows:
JUVENILE JUSTICE
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants............................. $33,000
Youth Mentoring Grants................................... 90,000
Victims of Child Abuse Programs.......................... 18,000
Missing and exploited children programs.................. 67,000
Child Abuse Training for Judicial Personnel.............. 1,500
==============
TOTAL, Juvenile Justice................................ $209,500
------------------------------------------------------------------------
Youth mentoring.--The recommendation includes $90,000,000
for youth mentoring grants, which is $12,000,000 above fiscal
year 2012 and $32,000,000 above the request.
Victims of child abuse programs.--The recommendation
includes $18,000,000 for programs authorized under the Victims
of Child Abuse Act, including grants for technical assistance
and training for professionals involved in investigating,
prosecuting and treating child abuse. The Department had
proposed to eliminate this program.
Spending plan.--The Committee directs the Department to
submit as part of its spending plan for State and Local Law
Enforcement Activities a plan for the use of all funding
administered by the Office of Juvenile Justice and Delinquency
Prevention. The Committee expects this plan to include details
pertaining to the competitive awarding of grants under this
heading and a plan for the use of all funding provided for
missing and exploited children programs.
PUBLIC SAFETY OFFICER BENEFITS
The Committee recommends a total of $78,300,000 for the
Public Safety Officer Benefits program, which is the same as
the fiscal year 2012 level and the request. Within the funds
provided, $62,000,000 is for death benefits for survivors, an
amount estimated by the Congressional Budget Office that is
considered mandatory for scorekeeping purposes. Also within the
total, $16,300,000 is recommended, as requested, for disability
benefits for public safety officers who are permanently and
totally disabled as a result of a catastrophic injury sustained
in the line of duty, and for education benefits for the spouses
and children of officers who are killed in the line of duty or
who are permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
The Committee recommends $72,500,000 for community oriented
policing services, which is $126,000,000 below fiscal year 2012
and $217,087,000 below the request. Funds are distributed as
follows:
COMMUNITY ORIENTED POLICING SERVICES
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Transfer to DEA for Methamphetamine Lab Cleanup.......... $12,500
Tribal Resources Grant Program........................... 20,000
COPS Hiring Grants....................................... 40,000
==============
TOTAL, Community Oriented Policing Services............ $72,500
------------------------------------------------------------------------
Methamphetamine lab cleanup.--The recommendation includes
$12,500,000 for methamphetamine activities, which shall be
transferred to the DEA to assist State, local and tribal law
enforcement agencies with the proper removal and disposal of
hazardous materials at clandestine methamphetamine labs,
including funds for training, technical assistance, the
purchase of equipment, and a container program.
Anti-methamphetamine investigatory efforts.--The Committee
acknowledges the dramatic increase of methamphetamine
production, trafficking and sale across the Nation. It also is
aware of the devastating effects that this drug has to the
individual user, to society, and to the economy. The production
and use of meth has societal costs, including explosions and
fires triggered by illegal manufacture of methamphetamine,
environmental contamination, increased criminal activity,
domestic violence, emergency room and other medical costs, the
spread of infectious disease, including HIV/AIDS and hepatitis,
and lost worker productivity. The majority of the economic
burden of meth falls on State and local governments. In this
regard, the Committee recognizes the role that the COPS office
can play and has played in supporting anti-methamphetamine
investigatory efforts, especially in States with high seizures
of methamphetamine, precursor chemicals, laboratories, and
laboratory dump sites.
General Provisions--Department of Justice
The Committee has included the following general provisions
in this bill for the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or to preserve the life of
the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend an
ongoing Personnel Management Demonstration Project.
Section 207 permanently extends specified authorities for
undercover operations to the Bureau of Alcohol, Tobacco,
Firearms and Explosives.
Section 208 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the Bureau of Prisons as appropriately
secure.
Section 209 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 210 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 211 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 212 prohibits the use of funds for A-76
competitions for work performed by employees of the Bureau of
Prisons or Federal Prison Industries, Inc.
Section 213 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 214 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance and permits up to 2
percent of grant or reimbursement funds made available to that
office to be used for criminal justice research, evaluation and
statistics. The Committee expects OJP to give priority to
training and technical assistance activities that are evidence-
based and help State, local, and tribal communities develop and
implement comprehensive, system-wide strategies for public
safety that also improve criminal justice systems. In light of
the resurgence of methamphetamine production and trafficking,
the Committee encourages OJP to support methamphetamine
training and technical assistance initiatives that advance
problem-solving strategies to combat methamphetamine, and which
demonstrate the capacity to have a national impact through
direct training and the distribution of information and
resources.
Section 215 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, tribal and
local reentry courts; drug treatment programs; and prison rape
elimination programs.
Section 216 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 217 prohibits funds, other than funds for the
National Instant Criminal Background Check System established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 218 prohibits funds made available by this Act from
being used to require public entities, places of public
accommodation and commercial facilities to provide a permanent
means of accessible entry to pools and spas.
Section 219 prohibits funds made available by this Act from
being used to require licensed firearms dealers to report on
the sale of multiple rifles and shotguns to the same person.
TITLE III
SCIENCE
Office of Science and Technology Policy
The Committee recommends $5,850,000 for the Office of
Science and Technology Policy (OSTP), which is $1,350,000 above
fiscal year 2012 and the same as the request.
Coordination with China.--Section 539 of the Commerce,
Justice, Science and Related Agencies Appropriations Act, 2012
(Public Law 112-55) prohibits OSTP from engaging in bilateral
activities with China or a Chinese-owned company unless OSTP
has certified to the Congress that the activity in question
will not result in the transfer of information with national or
economic security implications. In a written exchange on the
implementation of section 539, the White House communicated an
intention to provide certifications 30 days prior to any
bilateral activity and to include additional information along
with any such certification, including a commitment that OSTP
will not knowingly interact with individuals known by the
United States to have been involved in the violation of human
rights. Section 534 of this bill repeats the language from
fiscal year 2012 while modifying it to conform with the
existing agreement.
Science, Technology, Engineering and Math (STEM)
education.--An inventory of Federal investments conducted last
year found that the government has more than 250 discrete
programs seeking to improve the quality of STEM instruction and
to increase the number of STEM students and teachers. Although
the inventory determined that there was no duplication among
those programs, the full portfolio appears to be fragmented and
lacking in focus. The Committee expects that OSTP will use the
results of the inventory, along with a forthcoming government-
wide STEM education strategic plan, to consider and propose
some consolidation and streamlining within that portfolio in
future years.
The Committee remains interested in improving the
dissemination of K-16 STEM education research generated by
Federal agencies. The Committee believes that a consolidated,
easily accessible ``one-stop'' source for STEM information,
including curricula and classroom materials, would greatly
improve the ability of educational practitioners to identify
and use existing findings on effective STEM practices. The
forthcoming strategic plan referenced above will incorporate a
goal of producing a comprehensive and robust dissemination
strategy based on a review of successful Federal and non-
Federal best practices. OSTP shall keep the Committee informed
about the continuing development of its dissemination strategy
and how the implementation of that strategy will achieve the
goals and intentions of a ``one-stop'' source for improving
research dissemination.
The Committee also notes the emerging consensus that the
U.S. economy is little served when the flexibility of U.S.
employers to retain graduate-level talent in STEM fields from
American universities is hampered. The Committee encourages
OSTP to work with the relevant authorizing committees to ensure
the U.S. economy has the talent it needs to maintain its
position at the forefront of competitiveness and innovation in
the global marketplace.
President's Council of Advisors on Science and Technology
(PCAST).--The Committee's recommendation adopts the
Administration's proposal to leave funding for the
administrative support of the PCAST at the Department of Energy
(DOE). OSTP is directed to immediately notify the Committees on
Appropriations if the loss of direct control over the PCAST's
administrative budget causes problems in effectively directing
and executing the work of the Council.
Neuroscience Working Group.--The Committee understands that
OSTP, through the National Science and Technology Council
(NSTC), is establishing an interagency Neuroscience Working
Group, consistent with language encouraging such an effort in
the statement accompanying Public Law 112-55. The Committee
continues to believe there is a potential in the near future
for significant, transformative advances in our fundamental
understanding of learning, brain development, and brain health
and recovery, requiring enhanced tools to better understand the
working of the brain, enhanced data and data infrastructure,
and expanded interdisciplinary and large-scale research
efforts. The interagency working group is intended to help
coordinate, focus and enhance Federal efforts related to
neuroscience, including efforts to develop future clinical
treatments for traumatic and acquired brain injuries; increase
our understanding of cognition and apply that knowledge to the
improvement of education and learning; and improve our
understanding of, and develop better therapies for,
neurodegenerative diseases, childhood developmental disorders,
and other neurological conditions.
Public access to Federally-funded research publications.--
The America COMPETES Reauthorization Act of 2010 (Public Law
111-358) tasked OSTP, through the NSTC, with coordinating
agency policies relating to the dissemination of unclassified
scientific research, including peer-reviewed scholarly
publications, supported wholly or in part by Federal funds. In
partial fulfillment of that directive, the NSTC has conducted
numerous solicitations of public comment, and the feedback from
those solicitations has been in favor of allowing public access
to scholarly publications after an appropriate embargo period.
The Committee understands that the NSTC is continuing to assess
public comment and to develop recommendations for possible new
policies based on that input and other considerations. The
Committee supports these efforts and directs OSTP to provide
the Committee with semiannual status reports on the NSTC's
progress as discussions continue.
Nanotechnology.--The National Research Council (NRC)
recently released a strategy for developing the science and
research infrastructure necessary to address the potential
environmental, health and safety risks of engineered
nanomaterials. The Committee agrees that these risks need to be
studied and encourages OSTP to ensure that sufficient
investments in the NRC's recommended research priorities, tools
and approaches are made through the National Nanotechnology
Initiative and related efforts.
National Aeronautics and Space Administration
The Committee recommends $17,573,800,000 for the National
Aeronautics and Space Administration (NASA), which is
$226,200,000 below fiscal year 2012 and $137,600,000 below the
request.
GAO assessments of large scale projects.--The Commerce,
Justice, Science, and Related Agencies Appropriations Act, 2008
(Public Law 110-161) mandated that GAO report on the status of
large-scale projects at NASA, and the Committee now anticipates
these reports biannually. The Committee directs NASA to
continue cooperating fully and providing timely program
analysis, evaluation data and other relevant information to the
GAO so that it can conduct its reviews and meet the
congressional mandate. Such information includes, but is not
limited to, copies of preliminary cost estimates; access to
relevant online agency applications, databases, and web
portals; and access to information from contractor and agency
personnel.
Breach reporting.--Pursuant to section 103 of the NASA
Authorization Act of 2005 (Public Law 109-155), NASA is
required to deliver several notifications and reports to the
appropriate authorizing committees when project costs or
schedules grow in excess of established thresholds. NASA is
directed to submit concurrently to the Committees on
Appropriations the notifications and reports required by
section 103.
Reprogramming notifications.--The Committee's program and
project recommendations for NASA are included in the
consolidated funding table below and in additional narrative
direction throughout this report. When executing its budget for
fiscal year 2013, NASA shall incorporate the funding levels
established in both the table and the narrative direction.
Remaining funding decisions not otherwise specified may be made
at NASA's discretion but should be reported as part of the
spending plan required by an administrative provision
accompanying title III of this Act. The spending plan should be
presented at the traditional level of detail down to the
activity level. The plan itself and any subsequent changes made
to the established spending plan amounts that meet the
notification requirements of section 505 of this Act should be
reported to the Committee via the notification procedures
outlined in that section.
The Committee's table of recommendations for NASA follows:
PROGRAMS, PROJECTS AND ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Science:
Earth Science....................................... $1,775,000
Planetary Science................................... 1,400,000
Astrophysics........................................ 650,000
James Webb Space Telescope.......................... 628,000
Heliophysics........................................ 642,000
-----------------
Total, Science........................................ 5,095,000
=================
Aeronautics........................................... 569,900
=================
Space Technology...................................... 632,500
=================
Exploration:
Human Exploration Capabilities...................... 2,881,900
Multi-Purpose Crew Vehicle........................ (1,024,900)
Space Launch System (Vehicle Development and (1,857,000)
Exploration Ground Systems)......................
Commercial Spaceflight.............................. 500,000
Exploration Research and Development................ 330,000
-----------------
Total, Exploration.................................... 3,711,900
=================
Space Operations:
Space Shuttle....................................... 70,000
International Space Station......................... 2,990,000
Space and Flight Support............................ 925,000
-----------------
Total, Space Operations............................... 3,985,000
=================
Education:
Aerospace Research and Career Development........... 33,000
NASA Space Grant.................................. (24,000)
EPSCoR............................................ (9,000)
STEM Education and Accountability................... 67,000
Minority University Research Education Program.... (30,000)
STEM Education and Accountability Projects........ (37,000)
-----------------
Total, Education...................................... 100,000
=================
Cross Agency Support.................................. 2,843,500
=================
Construction and Environmental Compliance and 598,000
Restoration..........................................
=================
Inspector General..................................... 38,000
=================
Total, NASA........................................... $17,573,800
------------------------------------------------------------------------
SCIENCE
The Committee recommends $5,095,000,000 for Science, which
is $5,000,000 above fiscal year 2012 and $183,800,000 above the
request.
Earth Science and Heliophysics.--The Committee's
recommendation includes $1,775,000,000 for Earth Science and
$642,000,000 for Heliophysics. In both instances, the modest
increases provided are attributable to increased prices in the
launch vehicle market and the development phasing of high
priority decadal missions already underway.
Planetary Science.--The Committee understands that budget
pressures within and outside of the Science Mission Directorate
have required reductions in NASA's science portfolio. The
Committee is concerned, however, by the Administration's
proposal to make those reductions disproportionately within the
planetary science program. Planetary science has long been one
of NASA's most successful programs, and the cuts proposed in
the budget request will endanger this strong record and deviate
significantly from the program plan envisioned by the most
recent planetary science decadal survey. The Committee's
recommendation of $1,400,000,000 seeks to address programmatic
areas where the Administration's proposal is most deficient in
meeting the decadal survey's goals while also ensuring that the
program, as a whole, maintains balance among program elements.
The first area of deficiency in the request is Planetary
Science Research. The decadal survey recommended increasing
research funding by a specified rate above inflation, but the
request only achieves this standard by including in the total a
new Joint Robotics Program for Exploration (JRPE), which is not
a traditional research program as envisioned by the NRC. The
Committee has addressed this problem by providing $192,000,000
for Planetary Science Research. This level is sufficient to
support both the requested level for JRPE and an additional
$3,500,000 above the request for traditional research and
analysis activities in order to achieve better consistency with
the decadal recommendation.
The request also proposes insufficient funding for the
Discovery and New Frontiers programs, resulting in significant
delays relative to the mission tempos outlined in the decadal.
To improve these tempos, the Committee has provided a total of
$480,000,000 for Discovery and New Frontiers, which is
$115,400,000 above the aggregate requests for these programs.
NASA is directed to divide these funds between Discovery and
New Frontiers in a manner that optimizes the potential mission
tempos for both programs.
The final areas of deficiency in the request are Mars
Exploration and Outer Planets. The decadal survey chose a Mars
sample return mission and a Jupiter Europa orbiter as its top
two flagship-class priorities, but the budget request reduces
funds for a future Mars mission (``Mars Next Decade'') to a
fraction of previous planning estimates and eliminates all
funding for substantive work on a new outer planets mission. As
such, the request will inhibit significant progress from being
made on either priority, even in descoped form.
The Committee rectifies this situation by increasing the
funds available for Mars Next Decade to $150,000,000, or
$88,000,000 above the request, in order to allow for a more
substantial mission concept to be developed. According to the
decision rules of the decadal survey, however, that mission
concept must lead to the accomplishment of sample return in
order to remain a top funding priority. Because the Committee
is unable to discern whether this condition is being met from
the scant information provided to date about Mars Next Decade,
NASA is directed to promptly submit its Next Decade mission
concept to the NRC for evaluation. The recommendation includes
language prohibiting the obligation of funds for the mission
unless and until the NRC submits to the Committees on
Appropriations a certification confirming that the mission
concept will lead to the accomplishment of sample return as
described in the Mars Astrobiology Explorer-Cacher section of
the decadal survey. If the NRC instead determines that NASA's
chosen mission concept will not lead to the accomplishment of
sample return, NASA is directed to immediately: (1) notify the
Committees; (2) reallocate the funds provided for Mars Next
Decade to the Outer Planets Flagship program in order to begin
substantive work on the second priority mission, a descoped
Europa orbiter; and (3) submit the Mars Next Decade mission
concept, or any substitute Mars mission concept, for
competition in the Discovery or New Frontiers programs.
Plutonium-238.--Progress on a Europa orbiter or any other
long-range planetary science mission will require a sustainable
source of Plutonium-238 (Pu-238), a radioisotope that is an
essential source of electricity for spacecraft venturing beyond
the range of solar power. The bill makes available $14,500,000
from this account, as requested, to restart production of Pu-
238. The Committee directs NASA to provide a plan, including an
anticipated schedule and milestones, for the Pu-238 program
through the reestablishment of production. This plan should be
coordinated with NASA's partners at DOE and should be provided
to the Committees on Appropriations no later than 120 days
after the enactment of this Act.
The Committee also directs the Planetary Science Division,
in conjunction with elements of the Space Technology program,
to continue working on Advanced Stirling Radioisotope Generator
(ASRG) technology, which will enable NASA to make more
efficient use of available radioisotope fuels in the future.
James Webb Space Telescope (JWST).--The recommendation
includes $628,000,000 for JWST in order to keep the program on
track for a 2018 launch. NASA is expected to continue
cooperating with the GAO review of JWST that was begun in
fiscal year 2012 and to give GAO access to all relevant and
necessary program information.
The bill retains language establishing a cap of
$8,000,000,000 for JWST formulation and development costs and
requiring NASA to have the program reauthorized by Congress in
the event of further cost increases. These provisions are
necessary to ensure that NASA is appropriately managing risks
and containing costs.
As another means of cost control, NASA committed to
calculating new cost and schedule estimates for the program.
The Committee expected that this process would result in
estimates that meet the agency's 70 percent joint cost and
schedule confidence level (JCL) standards, but the actual JWST
JCL is only 66 percent. NASA has assured the Committee that the
lower JCL is not due to any weakness in its estimates but is an
artifact resulting from the late application of the JCL tool to
a fairly mature project. In the absence of a high confidence
JCL, however, the Committee requires additional information in
order to regularly monitor the program's fiscal health. NASA
shall submit to the Committees on Appropriations, on a
quarterly basis, a listing of all JWST performance milestones
met and not met for that quarter; a description of the budget
and schedule ramifications associated with those milestones;
and an overall assessment of the current budget and schedule
posture of the program.
Astrophysics.--The recommendation includes $650,000,000 for
Astrophysics.
The Committee believes that NASA's proposal to spend up to
$9,000,000 in fiscal year 2013 on a hardware contribution to
the European Space Agency's Euclid mission is in conflict with
the NRC's recommendation to make such an investment only in the
context of a strong commitment to NASA's Wide Field Infra-Red
Survey Telescope, for which no funding is requested. Prior to
obligating any funding for Euclid hardware, therefore, NASA is
directed to report to the Committees on Appropriations on how
its proposed plans are consistent with the results of the NRC
Euclid review.
AERONAUTICS
The Committee recommends $569,900,000 for Aeronautics,
which is the same as fiscal year 2012 and $18,400,000 above the
request.
Aeronautics and the economy.--Research and development
conducted by the Aeronautics program produces innovative
technologies that, when transferred to other Federal agencies
and to the aviation industry, create jobs, bolster the
competitive position of American aviation companies, improve
aviation safety and make better flying experiences for the
general public. Consistent with the bill's focus on research
programs with ties to manufacturing and domestic job creation,
the Committee has prioritized funds for Aeronautics and
rejected NASA's proposal to reduce activity in this area.
Entry, descent and landing (EDL) technology.--The
recommendation does not adopt the proposed transfer of the EDL
technology development work done by the Aeronautics program to
the Space Technology account. However, NASA is encouraged to
take all necessary steps to ensure that EDL work performed
across all relevant accounts is appropriately coordinated.
Hypersonic research.--The budget request proposes a drastic
reduction in NASA's hypersonic research program. While it is
possible that the Department of Defense (DOD) could provide
programmatic continuity by assuming responsibility for any
discontinued work, discussions to confirm and formalize such an
arrangement have not been completed, and therefore the outcome
is not assured. The Committee believes that acting on NASA's
reduction request without an assured plan for the transition of
these activities would pose a risk to critical national
capabilities and has consequently rejected the proposed cuts.
However, the Committee encourages NASA to continue working with
DOD to define appropriate agency roles in hypersonic research
and to propose changes to rationalize the division of
responsibilities and work in future fiscal years.
Flight research.--A recent report of the NRC found that
decreasing budgets and increasing risk aversion have led NASA
to significantly reduce the Aeronautics program's use of flight
research, which is a critical tool for establishing the
necessary confidence in new technologies leading to acceptance
among end users. The Committee directs NASA to provide to the
Committees on Appropriations a response to the NRC's report,
including an assessment of the recommendations made by the NRC
for the reprioritization and restructuring of the program. This
report should be provided no later than 120 days after the
enactment of this Act.
Unmanned Aircraft Systems (UAS).--The Committee supports
NASA's UAS integration project, which conducts research and
development to enable the safe and efficient operation of UAS
within the National Airspace System, and has provided
$30,500,000, as requested, for UAS-related activities. NASA is
encouraged to continue pursuing UAS research priorities as
identified through NASA's own planning processes, as well as
through joint planning efforts with the Department of Defense,
the Federal Aviation Administration and the Department of
Homeland Security.
Environmentally Responsible Aviation.--NASA is directed to
report to the Committees on Appropriations on its five year
plans for research and development in the Environmentally
Responsible Aviation program, including expected interagency
activities. This report should be provided no later than 120
days after the enactment of this Act.
SPACE TECHNOLOGY
The Committee recommends $632,500,000 for Space Technology,
which is $57,500,000 above fiscal year 2012 and $66,500,000
below the request.
Entry, descent and landing technology.--As noted above, the
Committee has not adopted NASA's proposal to transfer
$7,500,000 from Aeronautics to Space Technology for further
development of EDL technology. Consequently, these funds remain
within the total provided under the Aeronautics heading.
Advanced Stirling Radioisotope Generators.--The Planetary
Science Division has been working on the development and
maturation of ASRG technology as described above. This
technology is vital to maximize our use of limited Pu-238
stocks and enable future missions to distant locations like
Europa in the solar system. Consistent with the recommendation
contained in the recent NRC report on NASA's space technology
roadmaps, the Office of the Chief Technologist shall assist the
Planetary Science Division in maturing ASRG technology to a
flight demonstration level so that it can be appropriately
utilized on a long distance space mission.
EXPLORATION
The Committee recommends $3,711,900,000 for Exploration,
which is $58,900,000 below fiscal year 2012 and $220,900,000
below the request.
Space Launch System (SLS) development.--The Committee
remains committed to the development of the full 130 metric ton
SLS capability, which is necessary for NASA to achieve its most
aggressive beyond Earth orbit exploration goals. In order to
achieve this capability, NASA has laid out a development plan
that begins with a 70 metric ton capability and evolves to 130
metric tons as work is completed on critical upper stage
components and an advanced booster competition is completed.
The Committee supports this plan as long as its execution
remains consistent with NASA's legal obligations to design the
system from inception to the 130 metric ton standard and to
proceed with simultaneous development of the core and upper
stages. However, the Committee urges NASA to continue seeking
innovative design and management strategies that will
accelerate the currently projected schedule for attaining the
130 metric ton capability.
To give the Committee more insight into the level of effort
being dedicated to each component of the SLS, NASA shall
continue submitting quarterly reports on SLS spending by major
program element, as first requested in the statement
accompanying Public Law 112-55. The first such quarterly report
of fiscal year 2013 should also include a narrative description
of how NASA's design and development approach is currently
supporting the ultimate attainment of a 130 metric ton SLS
capability. The report should include a discussion of how the
SLS will evolve from a 70 metric ton to a 130 metric ton
capability and provide objective evidence showing that the
ultimate 130 metric ton capability is being advanced through
current activities, such as the design and development of
common manufacturing systems for the core and upper stage and
planning and implementation of ground launch systems that can
accommodate the 130 metric ton capability. Finally, the report
should also include an explanation of the technical benefits
that NASA believes are provided by developing a system that can
be flown with a variety of different lift capabilities.
SLS funding.--The statement accompanying Public Law 112-55
mandated several changes to NASA's presentation of the human
exploration program budget, primarily affecting the SLS. These
changes included: (1) requesting exploration-related
construction funding in the Construction and Environmental
Compliance and Restoration (CECR) account rather than the
Exploration account; (2) identifying SLS-related ground
operations needs separately from the SLS vehicle development
budget; and (3) moving the portions of the 21st Century Space
Launch Complex (21CSLC) budget that directly support SLS from
the Space Operations account to the Exploration account to be
combined with the rest of the SLS ground operations budget.
NASA has made these changes by shifting funds between accounts
as directed and identifying SLS ground operations as a
separate, consolidated program line entitled Exploration Ground
Systems (EGS).
The Committee continues to believe these are beneficial
changes that improve oversight by reducing the transfer of
funds after an appropriation is enacted and eliminating the
programmatic split of the 21CSLC funding that obscured true EGS
requirements. However, the Committee also understands that the
change in display complicates an attempt to directly compare
total annual SLS-related funding, as it is now split between
the SLS and EGS lines and the Exploration and CECR accounts.
For purposes of enabling that comparison, the table below shows
the fiscal year 2012 and 2013 SLS vehicle development and EGS
budgets in both the fiscal year 2012 appropriations structure
and the fiscal year 2013 appropriations structure.
CROSSWALK OF SPACE LAUNCH SYSTEM APPROPRIATIONS
(in thousands of dollars)
----------------------------------------------------------------------------------------------------------------
In FY 2012 Account Structure In FY 2013 Account Structure
Activity, Budget Account -------------------------------------------------------------------
FY 2012 FY 2013 FY 2012 FY 2013
----------------------------------------------------------------------------------------------------------------
SLS Vehicle Development..................... $1,543,500 1,543,500 1,543,500 1,543,500
Exploration............................... (1,543,500) (1,543,500) (1,503,000) (1,454,200)
Construction and Environmental Compliance -- -- (40,500) (89,300)
and Restoration..........................
SLS Ground Operations/Exploration Ground 399,700 453,900 399,700 453,900
Systems....................................
Exploration............................... (316,500) (357,200) (387,700) (402,800)
Space Operations.......................... (83,200) (96,700) -- --
Construction and Environmental Compliance -- -- (12,000) (51,100)
and Restoration..........................
-------------------------------------------------------------------
Total, Space Launch System.................. $1,943,200 1,997,400 1,943,200 1,997,400
----------------------------------------------------------------------------------------------------------------
These tables show that, across all accounts, the fiscal
year 2013 appropriation for SLS vehicle development and EGS is
$1,997,400,000, which is $54,200,000 above the comparable
fiscal year 2012 level.
The recommendation aligns the SLS vehicle development
budget with the fiscal year 2013 levels established in the SLS
Independent Cost Assessment (ICA) plus an additional amount to
account for cost margins, which external evaluators found to be
a weakness in the ICA. The Committee feels that the ICA remains
the safest basis for program budgetary estimates until such
time that NASA has finished a comprehensive, bottom-up cost
estimate for the program; definitized remaining contracts; and
completed other actions that could have a significant impact on
cost. The Committee expects, consistent with NASA's assertions,
that the recommended funding levels for SLS and EGS will keep
these programs on track for the attainment of a joint Multi-
Purpose Crew Vehicle (MPCV)-SLS test flight in 2017.
MPCV development and funding.--In keeping with the
Committee's approach to the SLS budget, the Committee looked to
the MPCV ICA as an indicator of the sufficiency of NASA's
request for the MPCV program. Although the request represents a
decrease from fiscal year 2012, it is consistent with the ICA
for fiscal year 2013 and, according to NASA, will keep the
program on track for an MPCV flight test in 2014, an ascent
abort test in 2016 and a joint MPCV-SLS test flight in 2017.
The table below shows total MPCV appropriations contained
in this Act, to include funds provided under the CECR heading.
CROSSWALK OF MULTI-PURPOSE CREW VEHICLE APPROPRIATIONS
(in thousands of dollars)
------------------------------------------------------------------------
FY 2012 in FY
Activity, Budget Account 2013 FY 2013
Structure
------------------------------------------------------------------------
Multi-Purpose Crew Vehicle................ $1,200,000 1,028,210
Exploration............................. (1,200,000) (1,024,900)
Construction and Environmental -- (3,310)
Compliance and Restoration.............
-----------------------------
Total, Multi-Purpose Crew Vehicle......... $1,200,000 1,028,210
------------------------------------------------------------------------
Mission destinations.--The Committee continues to believe
that NASA needs to establish specific mission goals for the
MPCV and SLS and set target destinations that will enable the
achievement of those goals. These actions will help to focus
the program and provide a common vision for future
achievements. NASA shall report to the Committees on
Appropriations on the mission goals for the test flights of
MPCV and SLS currently scheduled for 2017 and 2021, including
the expected flight paths and any anticipated mission
activities beyond testing and validation of flight systems. The
report, which should be submitted no later than 180 days after
the enactment of this Act, should also include an assessment of
systems, technology or other capabilities, if any, that are
necessary to achieve the chosen mission goals but are not
supported in the current budget runout.
Commercial crew.--The Committee supports the goal of
achieving independent and redundant access to the International
Space Station (ISS) but remains concerned about many aspects of
NASA's approach to the commercial crew development program.
First, the Committee believes that the program's total
estimated development costs of $4,868,000,000 are too high
given that the current commitment to the ISS leaves NASA with
only a few years to make use of commercial crew services and no
sufficient additional market has been clearly demonstrated in
the absence of NASA as a base customer.
Second, the current structure of the program has
insufficient safeguards in place to protect the government's
interests in intellectual or physical property developed with
Federal money in the event that companies are terminated from
or opt to leave the program. As such, there is a risk of
repeating the government's experience from last year's
bankruptcy of the solar energy firm Solyndra, in which the
failure of a high risk, government subsidized development
venture left taxpayers with no tangible benefit in exchange for
their substantial investment.
Third, the Administration appears to be pursuing
potentially inconsistent goals for the program: (1) the
achievement of the fastest, safest, most cost effective means
of domestic access to the ISS, and (2) the ``seeding'' of a new
commercial spaceflight industry. Given the overwhelming
importance of the first of these goals, any funding, time and
effort expended in pursuit of the second is potentially a
distraction from other necessary work, and, in an environment
of fiscal constraint, a dilution of limited resources.
Finally, the program's current acquisition strategy lacks
any defined plan to transition from the planned Space Act
Agreement (SAA)-based Commercial Crew Integrated Capability
(CCiCap) round of awards to a Federal Acquisition Regulation
(FAR)-based certification and service contract. As a result,
the strategy presents a significant risk of costly, lengthy
delays as NASA attempts to retroactively assess competitors'
designs on safety and other standards and companies attempt to
make changes in fully mature integrated designs to address
instances in which NASA cannot verify that a necessary
qualification criterion has been met.
The Committee believes that many of these concerns would be
addressed by an immediate downselect to a single competitor or,
at most, the execution of a leader-follower paradigm in which
NASA makes one large award to a main commercial partner and a
second small award to a back-up partner.
With fewer companies remaining in the program, NASA could
reduce its annual budget needs for the program and fund other
priorities like planetary science, human exploration or
aeronautics research. In addition, an accelerated downselect
would allow NASA to focus its remaining funds and technical
assistance resources on the most promising contender,
potentially enabling that competitor to produce a final
capability faster than otherwise possible. It would also allow
NASA to return to its previous acquisition strategy of holding
an open competition (to include current funding recipients and
new entrants) and following a more traditional FAR-based
management approach, avoiding a complex transition from SAAs
late in the development process and allowing the government to
better protect its interests in intellectual and physical
property developed with taxpayer funds. Finally, this strategy
is more consistent with current overarching fiscal guidance
included in the fiscal year 2013 House budget resolution. In a
climate of decreasing non-defense discretionary spending, the
Committee does not believe that the Administration's proposed
budget runout for commercial crew is sustainable.
For all of these reasons, the Committee believes that the
advantages offered by an immediate downselect and a return to
FAR-based contracts outweigh the potential benefits of
maintaining the current program structure. As a result, the
Committee directs NASA to execute the program as described
above and in accordance with a fiscal year 2013 funding level
of $500,000,000, which is equal to the level agreed to by
Congress and the Administration in the NASA Authorization Act
of 2010 (Public Law 111-267).
Human spaceflight safety.--The Committee appreciates the
work of the Aerospace Safety Advisory Panel (ASAP), which
provides advice and recommendations to NASA and the Congress on
matters relating to safety. In its next annual report to
Congress, the Committee encourages the ASAP to pay specific
attention to NASA's strategy for transitioning the commercial
crew program from the development to certification phases; its
planned processes for completing commercial crew certification;
and the safety requirements and testing and verification
schedules being used for the MPCV and SLS.
SPACE OPERATIONS
The Committee recommends $3,985,000,000 for Space
Operations, which is $248,600,000 below fiscal year 2012 and
$28,200,000 below the request.
Space Shuttle.--The recommendation includes a total of
$70,000,000 for continuing Space Shuttle transition and
retirement (T&R) activities in fiscal year 2013.
The statement accompanying Public Law 112-55 directed NASA
to provide by September 30, 2012 a report with comprehensive
outcome data for the Shuttle workforce. According to the
current schedule for completing Shuttle T&R, however, some
Shuttle workers may remain on the job beyond the requested due
date for that report. Consequently, NASA is directed to provide
to the Committees on Appropriations a supplement to the Shuttle
workforce report no later than 90 days after the formal
completion of T&R activities. This supplement should provide
the previously requested outcome data for any Shuttle workers
who continued to execute Shuttle T&R beyond the original report
completion date.
ISS research.--The Administration's commitment to the ISS
currently lasts through 2020. Whether the Station continues to
be utilized beyond that point is a critical factor in the
decision making about the future of NASA's other human
spaceflight activities, especially the commercial crew and
beyond Earth orbit exploration programs. NASA is urged to begin
as soon as possible the process of making a firm decision on
whether the ISS program will continue beyond 2020.
An important element in the decision making about the long
term status of ISS is whether it can demonstrate sufficient
research value to justify the continuation of its operating
budget. Currently, the fraction of the overall ISS budget
devoted to research is extremely small, and plans for
leveraging outside funding through the ISS National Lab are
moving slowly because the National Lab's manager, the Center
for the Advancement of Science in Space (CASIS), is still
establishing its management and governance structures. If the
ISS is going to demonstrate its long-term value as a research
facility and technology testbed, all research-related planning
and support will need to be executed with greater urgency to
maximize utilization of the space. NASA is directed to take all
necessary steps to do this, including providing appropriate
technical and management support for the ISS National Lab.
ISS operations.--The Committee remains concerned that NASA
does not have a short-term back-up plan to provide access to
the ISS in the event of a Soyuz failure or delay. While recent
Soyuz complications have been resolved in a timely manner,
future incidents of greater severity could force the evacuation
of the Station, with a resultant loss of scientific and other
opportunities. NASA is directed to report to the Committees on
Appropriations on its planned means of providing short-term
emergency access to the Station, including the potential use of
the MPCV from its earliest availability, and the timeline
necessary to bring such an emergency access capability online
under existing budgetary assumptions.
Launch Services Program.--The Committee remains concerned
about the lack of a certified medium class launch vehicle
currently in production. While NASA remains confident that
sufficient medium class vehicle options will be available when
needed, the Committee encourages NASA to ensure that the
budgets of its medium class missions reflect an appropriate
amount of risk associated with this uncertainty.
The Committee is also concerned about the causes and
impacts of a recent increase in launch vehicle prices across
all classes. GAO and other sources attribute this increase, in
part, to the failure of the government to effectively leverage
its full bargaining power by consolidating the purchase of
launch vehicles across agencies. The Committee urges NASA to
continue working with DOD to ensure that launch vehicle
services are procured in the most efficient and cost effective
manner.
21st Century Space Launch Complex.--The Committee has
provided $41,100,000 for 21CSLC, as requested. All multi-user
projects and other launch infrastructure activities not
associated with the ground operations needs of the SLS should
be supported with this funding and not with EGS funds in the
Exploration account.
NASA shall submit to the Committees on Appropriations a
five year strategic plan for upgrades and modernization
associated with the launch infrastructure at the Wallops Flight
Facility. This report, which should be prepared in consultation
with the Wallops user community, shall be provided no later
than 180 days after the enactment of this Act.
EDUCATION
The Committee recommends $100,000,000 for Education, which
is $38,400,000 below fiscal year 2012 and the same as the
request.
Portfolio restructuring.--The Committee supports NASA's
ongoing efforts to restructure its education portfolio. This
restructuring will reduce the programmatic fragmentation
documented in the NSTC's inventory of STEM education
investments; address the goals and priorities of the upcoming
government-wide STEM education strategic plan; and be
responsive to the findings of a recent GAO report on potential
duplication in Federal STEM education programs. While the
restructuring has led, in part, to a reduced total funding
level for NASA education activities, the Committee notes that
NASA is working to leverage partnership and other coordination
opportunities to expand its reach and influence at low cost.
Aerospace Research and Career Development.--The recommended
level includes $24,000,000 for NASA Space Grant and $9,000,000
for the Experimental Program to Stimulate Competitive Research
(EPSCoR). The Committee urges NASA to minimize the
administrative costs associated with these programs in order to
maximize funding available for programmatic purposes. In
furtherance of administrative cost oversight, NASA is directed
to include an accounting of its administrative costs for both
Space Grant and EPSCoR in the spending plan prepared pursuant
to the administrative provisions of title III of this Act and
in the fiscal year 2014 budget request.
Informal science education.--Within funds provided for STEM
Education and Accountability projects, NASA may offer
competitive grant opportunities for informal science education
programs to qualifying institutions as described in section 616
of the NASA Authorization Act of 2005 (Public Law 109-155) and
/
/
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//or NASA Visitors Centers.
CROSS AGENCY SUPPORT
The Committee recommends $2,843,500,000 for Cross Agency
Support (CAS), which is $151,500,000 below fiscal year 2012 and
$4,000,000 below the request.
Cybersecurity.--The Committee is concerned by the
persistence of significant security vulnerabilities in NASA's
information technology systems, including those systems that
control spacecraft and maintain critical data sources.
Mitigating some of these vulnerabilities will be a long-term
process, as the issues involved are complex and the potential
solutions are not straightforward. Other vulnerabilities such
as the nearly universal lack of encryption on agency laptops
are discrete and easily addressed, and the Committee believes
more substantial progress must be made to resolve them.
Many of the findings on NASA's information technology
security vulnerabilities stem from oversight work by the NASA
Office of Inspector General (OIG), which has done 21
cybersecurity-related audits over the past 5 years. As part of
its cybersecurity report submitted pursuant to the requirement
contained at the front of this report, NASA shall include a
listing of all open OIG recommendations relating to those
audits, along with a description of NASA's current progress in
resolving those recommendations and a date by which the agency
anticipates completing that resolution.
Independent Verification and Validation (IV&V).--The budget
request again proposes a reduction to the IV&V program despite
substantial ongoing needs for IV&V services. In order to ensure
that all necessary work continues to be performed despite a
smaller dedicated IV&V budget in fiscal year 2013, NASA shall
fund any IV&V shortfall from within the mission directorates
that make use of IV&V services. However, the purchase of IV&V
reviews with mission directorate funds raises questions of
objectivity and therefore should not become a longstanding NASA
practice. The Committee expects NASA to address this issue in
its fiscal year 2014 budget request.
Working Capital Fund (WCF) reporting.--The Committee
directs NASA to continue submitting quarterly reports to the
Committees on Appropriations on the expenditures and
unobligated balances of NASA's WCF, as first requested in the
statement accompanying Public Law 112-55.
Knowledge management.--The Committee has supported NASA's
efforts to identify project management problems commonly
experienced across the agency and to develop and apply lessons
learned from those experiences to projects currently underway.
The positive potential for such an exercise seems significant,
but the Committee has not seen evidence that NASA is using the
lessons learned process to the extent expected. The reasons for
this were recently documented in an assessment by the OIG,
which found that NASA's strategy for lessons learned (as well
as knowledge management generally) is undefined, and that the
Lessons Learned Information System is underutilized across the
agency.
The Committee continues to believe that rigorous self-
assessment is the most effective means for NASA to avoid a
repeat of significant project management lapses like those that
led to JWST's cost overruns. Therefore, it is critical that
NASA define and aggressively implement a comprehensive lessons
learned strategy as soon as possible. The Office of the Chief
Engineer has indicated an intention to complete a broader
knowledge management strategy, to include lessons learned, by
March of 2013. NASA shall report to the Committees on
Appropriations with a summary of the strategy and a plan for
ensuring its agency-wide implementation no later than April 30,
2013.
Comprehensive independent assessment.--The NRC is currently
conducting the comprehensive independent assessment called for
in Public Law 112-55. NASA shall report to the Committees on
Appropriations on the agency's response to that assessment,
including any recommendations contained therein, no later than
90 days after the public release of the NRC's final report.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee recommends $598,000,000 for CECR, which is
$208,000,000 above fiscal year 2012 and $21,200,000 below the
request. The increase in funding over fiscal year 2012 is
primarily attributable to the direct appropriation of
$143,700,000 of Exploration construction funds and $21,900,000
of Space Operations construction funds to this account. In
fiscal year 2012, such funds were appropriated under the
Exploration and Space Operations accounts and transferred to
CECR after enactment.
Institutional construction.--The Committee supports NASA's
ongoing efforts to address critical facilities-related safety
issues; replace old facilities with smaller, more efficient
facilities; and demolish unneeded structures. These actions
will help to reduce NASA's annual operating costs and the
current replacement value of its infrastructure. In order to
carry out these activities, the recommendation includes
$362,800,000 for institutional construction. The Committee
expects that these funds will be spent in a manner consistent
with NASA's agency facilities master plan.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $38,000,000 for the OIG, which is
$700,000 above fiscal year 2012 and $1,000,000 above the
request.
The recommendation for the OIG represents a current
services budget in order to ensure that there will be no
diminution of oversight efforts.
ADMINISTRATIVE PROVISIONS
The Committee has included the following administrative
provisions for NASA:
The bill includes a provision that makes funds for
announced prizes available without fiscal year limitation until
the prize is claimed or the offer is withdrawn.
The bill includes a provision that establishes terms and
conditions for the transfer of funds.
The bill includes a provision that repeals existing
prohibitions on the implementation of reductions in force or
other involuntary separations.
The bill includes a provision that requires NASA to submit
an agency spending plan and subjects both the spending plan and
specified changes to that plan to reprogramming procedures
under section 505 of this Act.
The bill includes a provision that allows NASA to retain
within its WCF refunds or rebates received through NASA's
credit card programs.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
The Committee recommends $5,942,693,000 for Research and
Related Activities (R&RA), which is $223,693,000 above fiscal
year 2012 and $40,587,000 below the request.
Research priorities.--The Committee appreciates the
National Science Foundation's (NSF) commitment to reviewing its
portfolio of programs and proposing reductions or terminations
where appropriate. Such proposals provide a more fiscally
sustainable way to support new or expanded programs.
Accordingly, the recommendation adopts all of the reduction and
termination proposals contained in the R&RA budget request
except for the proposed termination of the Communicating
Science Broadly (CSB) program. The Committee supports the
continuation of CSB activities to ensure taxpayers have access
to information about the impact and relevance of NSF's
scientific research.
The funds made available through reductions and
terminations, together with the increase provided by the
Committee, will allow NSF to expand or enhance its activities
across a range of research areas with significant potential
impacts on national security and economic competitiveness. The
Committee directs NSF to prioritize these new activities toward
cybersecurity and cyberinfrastructure improvements; advanced
manufacturing (as further discussed below); materials research;
and disciplinary and interdisciplinary research in the natural
and physical sciences, math and engineering. Not later than 90
days after the enactment of this Act, NSF shall report to the
Committees on Appropriations on the detailed distribution of
funding by program within this account.
Advanced Manufacturing.--The recommendation includes the
proposed funding level of $148,900,000 for the Advanced
Manufacturing initiative. Future economic prosperity in the
United States will depend largely on our ability to develop and
manufacture new products based on advanced technologies, both
for the domestic market and for export. Basic research
supported through NSF and other Federal science agencies is
critical to this effort because it will help provide the
foundation for the development of such new products and
technologies by the private sector.
Commercialization of NSF-funded research.--Many technical
and scientific products, tools and processes in regular
commercial use today can trace their origins back to basic
research funded by NSF. It is the Committee's hope that such
commercial applications of taxpayer-funded research would
always benefit the domestic economy, but there are occasions
where such applications are used instead for the production of
goods and services (and, therefore, jobs) overseas. NSF lacks
the means to predict how and where the technology produced from
its basic research grants will eventually be utilized, but the
connection between Federal funding and commercial utilization
is much clearer for Innovation Corps (i-Corps) grants, where a
potential path to commercialization has already been identified
and recipients are actively working to transition into the
marketplace. Therefore, in order to maximize return to the
taxpayer on i-Corps investments, NSF is directed to require all
recipients of i-Corps funding to commit to the domestic
production of the goods or services being commercialized with
NSF's assistance.
Neuroscience.--NSF is uniquely positioned to advance the
nonmedical aspects of cognitive sciences and neurosciences,
particularly through interdisciplinary research, computational
models, visualization techniques, innovative technologies, and
the underlying data and data infrastructure needed to transform
our understanding of these areas. To help focus and coordinate
future investments in this area, the Committee encourages NSF
to establish a neuroscience crosscutting budget theme, in
conjunction with the interagency Neuroscience Working Group
that is being established by OSTP through the NSTC.
Management of scientific facilities.--It is the policy of
the National Science Board (NSB) that all NSF awards should be
made through peer-reviewed competition and recompetition in
order to best serve the interests of science and education. The
Committee understands, however, that the NSB has also endorsed
a modified recompetition policy for major facilities awards
that is intended to prevent the interruption of significant
construction projects underway at the time that an award
expires. While the Committee supports this policy, it must be
carefully exercised in order to ensure that noncompetitive
award extensions are not overused in the name of programmatic
continuity. Consequently, NSF shall report to the Committees on
Appropriations on plans for recompeting all major facilities
awards set to expire within five years of the enactment of this
Act. This report shall be provided no later than 90 days after
the enactment of this Act.
The Committee notes that the utilization of
interdisciplinary research facilities does not always align
with the way these facilities are budgeted. For example, one
research division may provide all of the operations and
maintenance funding for a facility that supports scientific
activity across several other divisions. The misalignment
between a facility's users and its funding source reduces
transparency in NSF's budget request and places a potentially
unsustainable burden on the funding division. NSF shall report
to the Committees on Appropriations with a listing of all
active NSF-funded interdisciplinary research facilities, a
description of the source(s) of funding support for each
facility and an analysis of the utilization of each facility by
research division. The report should also include a description
of options for addressing the issues presented by any
misalignment of facilities utilization and funding and NSF's
assessment of those options. This report shall be provided no
later than 120 days after the enactment of this Act.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $196,170,000 for Major Research
Equipment and Facilities Construction (MREFC), which is
$29,115,000 above fiscal year 2012 and the same as the request.
Funding profiles.--Significant peaks and valleys in
projected MREFC spending make it difficult for NSF and the
Committee to anticipate and accommodate critical funding needs
over time. The Committee encourages NSF to continue managing
the transition of projects in and out of the MREFC account, as
well as their phasing while under construction, to maintain a
relatively steady overall account profile from year to year.
Project contingency funding.--NSF has been engaged in a
lengthy discussion process with the NSF OIG to resolve an
ongoing dispute about project contingency budgets. Tens of
millions of dollars of potentially unallowable contingency
costs hinge on the resolution of this dispute, and the
Committee believes that it is taking too long for a consensus
resolution to be reached. NSF is directed to provide the
Committees on Appropriations with an immediate update on the
status of efforts to resolve these issues and to provide
quarterly updates thereafter until such time that NSF and the
OIG reach an agreement.
EDUCATION AND HUMAN RESOURCES
The Committee recommends $875,610,000 for Education and
Human Resources (EHR), which is $46,610,000 above fiscal year
2012 and the same as the request.
Program changes.--The recommendation incorporates NSF's
proposed program reductions in the EHR account. The
reallocation of funds from these reduced programs, combined
with additional new resources, will allow NSF to expand its
efforts in strategic education research, workforce development
and short-term, goal-oriented education partnerships, such as a
new joint NSF-Department of Education initiative in K-16 math
education.
Broadening participation programs.--The Committee
recognizes the importance of ensuring that there is a strong
pipeline of students and workers preparing to pursue STEM-
related careers. The current pipeline, however, fails to take
full advantage of the potential of substantial portions of the
population, including women and minorities. To broaden the
participation of underrepresented populations in STEM education
programs and, ultimately, the STEM workforce, the Committee has
provided the requested level for the Historically Black
Colleges and Universities Undergraduate Program, the Louis
Stokes Alliance for Minority Participation and the Tribal
Colleges and Universities Program.
The Committee has previously asked NSF to consider the
concept of creating a program within EHR to focus on Hispanic
Serving Institutions (HSIs). NSF shall provide to the
Committees on Appropriations a report outlining how the needs
of HSIs will be addressed in fiscal year 2013 and any plans to
establish an HSI-focused program in fiscal year 2014. This
report shall be submitted no later than 120 days after the
enactment of this Act.
Advanced Technological Education (ATE).--The Committee
heard testimony this year from a number of manufacturing
industry representatives as well as government witnesses about
critical shortages in technical workers coming out of the
American vocational education system. However, despite
unanimity on this concern and a focus on manufacturing-related
programs in the budget, the NSF request proposes no additional
resources for ATE, the agency's major technical education
initiative. The Committee has addressed this oversight by
providing ATE with $69,000,000, an increase of $5,000,000 above
both the budget request and the fiscal year 2012 level. This
increase is offset by a corresponding reduction of $5,000,000
from the requested amount for the Graduate Research Fellowship
program, which has grown significantly over the past several
fiscal years and is still projected to receive a total increase
of $39,840,000 in the Committee recommendation.
Best practices in K-12 STEM education.--NSF shall continue
working to develop and carry out a tracking and evaluation
methodology to assess the implementation of the recommendations
contained in the NRC's 2011 report entitled Successful K-12
STEM Education: Identifying Effective Approaches in Science,
Technology, Engineering and Mathematics. This work should
expand on efforts begun using funds provided in fiscal year
2012.
STEM-focused K-12 schools.--The Committee notes that recent
reports of the NRC and the NSB have encouraged education
researchers and policymakers to give increased consideration to
STEM-focused K-12 schools as an effective means of increasing
STEM literacy. With those reports in mind, the Committee
encourages NSF to work within its existing programs to promote
opportunities for collaboration between universities or non-
profit research institutions and STEM-focused schools serving
K-12 students.
Informal STEM education.--The Committee believes that
exposure to STEM concepts outside of a traditional school
setting plays a valuable role in promoting STEM literacy and
engagement. NSF has proposed a number of changes to its
Advancing Informal STEM Learning program that are intended to
increase its focus on innovative learning and engagement
strategies, especially as these strategies relate to
underrepresented groups, and the Committee accepts these
changes. The Committee encourages NSF to work with the informal
STEM education stakeholder community as it transitions the
program to ensure that sufficient opportunities exist for
worthy proposals to compete for funding, including those that
implement public engagement and non-school programs. Such
proposals could use a broad range of communication formats and
experiences, such as mobile and broadcast media, virtual
learning environments, exhibitions, TV, radio, films, science
festivals, and citizen science programs.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The Committee recommends $299,400,000 for Agency Operations
and Award Management, which is the same as fiscal year 2012 and
the request.
Contracting.--The Committee supports NSF's efforts to
improve its acquisitions practices. GAO is currently conducting
a comprehensive review of those practices and other associated
issues, and the Committee expects NSF to continue facilitating
that review and providing GAO with access to all relevant
information.
Program evaluation and impact.--The Committee believes that
NSF and other Federal science agencies need to do a better job
of systematically documenting the impact of research activities
on the economy and the achievement of scientific and societal
goals. The Committee supports efforts to create, test and
implement an empirical system to accomplish this and encourages
NSF to continue pursuing these efforts in fiscal year 2013.
NSF headquarters.--The recommendation includes $3,390,000,
as requested, for expenses associated with the expiration of
NSF's current headquarters lease. NSF shall immediately notify
the Committees on Appropriations if events indicate that these
funds will be insufficient to accommodate actual costs. The
Committee also directs NSF to continue working with the General
Services Administration to ensure that any new lease agreement
does not result in an undue burden on NSF employees.
Grants management.--The Committee is concerned that NSF is
not devoting sufficient resources to grants management
functions needed to ensure that Federal funds are being
efficiently and effectively spent. Due to a mismatch between
the rates of growth in NSF's grant making budget and its grants
management budget, site visits and other oversight activities
have decreased while questioned costs and other potential
indicators of problems have increased.
In response to an OIG report looking at how NSF was
addressing these challenges, NSF indicated that it will use its
annual workforce planning process to assess opportunities for
streamlining procedures, applying risk-based management
principles and utilizing other possible tools for strengthening
oversight while continuing to operate within a constrained
budget environment. NSF shall report to the Committees on
Appropriations on the outcome of that workforce planning
process, including a description of the options considered and
adopted, as well as their expected impact. The report should be
submitted no later than 60 days after the completion of the
planning process.
Cross-Foundation activities.--The Committee supports NSF's
efforts to craft cross-Foundation initiatives that leverage the
resources and capabilities of multiple research divisions and
overcome disciplinary stovepipes. However, the Committee has
noted some confusion both in the Congress and the academic
community about how these cross-Foundation activities, such as
OneNSF initiatives, are being administered. For example, there
seems to be no predictable standard for when such an initiative
will be administered by a consolidated solicitation; whether
entities such as Federally Funded Research and Development
Centers are eligible applicants; and whether the amount of
funding contributed to an initiative by a research division
will correspond to the amount of grant activity ultimately
funded in that division's jurisdiction. The Committee
encourages NSF to promulgate some clear standards and guidance
on administrative issues surrounding these cross-Foundation
activities and to share them broadly with interested
stakeholders.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,440,000 for the National
Science Board, which is the same as fiscal year 2012 and the
request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $14,200,000 for the OIG, which is
the same as fiscal year 2012 and the request.
ADMINISTRATIVE PROVISION
The bill includes a provision that establishes thresholds
for the transfer of funds.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $9,193,000 for the Commission on
Civil Rights, which is the same as fiscal year 2012 and
$207,000 below the request.
The Committee recommends language, as included in previous
years, which provides: a limitation of four full-time positions
under schedule C of the Excepted Service, exclusive of one
special assistant for each Commissioner; and a prohibition
against reimbursing Commissioners for more than 75 billable
days, with the exception of the chairperson, who is permitted
125 billable days. The Committee also recommends language,
first included in fiscal year 2012, providing for an inspector
general for the Commission. The bill specifies that the
Inspector General (IG) of the Government Accountability Office
(GAO) shall also serve as the IG of the Commission. The
Committee recommends a $250,000 transfer from the Commission to
the GAO IG to carry out this function, which is the same as
fiscal year 2012 and the request.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $366,568,000 for the Equal
Employment Opportunity Commission (EEOC), which is $6,568,000
above fiscal year 2012 and $7,143,000 below the request. The
recommendation includes language making up to $29,500,000
available for payments to State and local enforcement agencies.
Backlog reduction.--The Committee is pleased with EEOC's
progress in reducing the backlog of private sector charges. The
Committee expects the EEOC to continue to prioritize inventory
reduction and to examine new ways to address the backlog and
increase productivity. EEOC shall keep the Committee informed
about its progress in reducing the backlog.
International Trade Commission
SALARIES AND EXPENSES
The Committee recommends $83,000,000 for the International
Trade Commission (ITC), which is $3,000,000 above fiscal year
2012 and $200,000 above the request.
Internal controls.--The Committee is pleased with ITC's
progress in addressing internal control issues. However, ITC
must continue to take aggressive action to address its
remaining shortcomings. The Committee directs ITC to submit a
status report on the actions it has taken to address internal
control deficiencies no later than 120 days after enactment of
this Act.
Cybersecurity.--The ITC handles sensitive and proprietary
data and therefore is a potential target for cyber attacks. The
recommendation is $200,000 above the request, and the Committee
expects these funds to be used to improve ITC's cybersecurity
posture. The Committee also encourages ITC to work with other
relevant Federal agencies to inform its actions. As part of the
cybersecurity report required by the front matter of this
report, ITC should detail how it plans to use these additional
funds.
New courtroom.--In 2011, ITC began the process for
construction of a new courtroom to handle large increases in
the number of intellectual property cases. The Committee
understands that construction was originally scheduled to begin
in September 2011, but instead began in April 2012. ITC shall
keep the Committee informed of progress in the construction and
of any additional delays.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $328,000,000 for the Legal
Services Corporation (LSC), which is $20,000,000 below fiscal
year 2012 and $74,000,000 below the request.
Pro bono legal services.--Obtaining more services at no or
low cost through private attorney involvement is one means for
LSC to increase legal aid services. The Committee is pleased
that LSC launched a pro bono task force in 2011, and urges the
LSC to implement the recommendations of this task force as it
continues to work with LSC-funded programs to adopt measures
aimed at increasing the involvement of private attorneys in the
delivery of legal services to its clients.
ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION
The bill continues restrictions on the uses of LSC funding.
None of the funds appropriated in this Act to the LSC shall be
expended for any purpose prohibited or limited by, or contrary
to any of the provisions of, sections 501, 502, 503, 504, 505,
and 506 of Public Law 105-119, and all funds appropriated in
this Act to the LSC shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2012 and 2013, respectively.
Unauthorized uses of funds.--The Committee remains
concerned about LSC grantees' use of funds for unauthorized
activities. Because LSC routinely testifies that it lacks funds
to serve all of the many low income Americans in need of civil
legal assistance, it is critical that LSC grantees not squander
funds on political activism or other unauthorized activities.
Grantee actions violating the letter--or the spirit--of LSC
statutes undermine support for LSC funding. The Committee
continues to hear about such cases and will refer them to the
LSC IG and LSC management, as appropriate. The Committee
expects LSC to examine such matters and report back to the
Committee. The Committee again encourages the LSC Inspector
General to conduct annual audits of LSC grantees to ensure that
funds are not being used in contravention of funding
restrictions, and again recommends the removal of funds from
any LSC grantee found engaging in political or other
unauthorized activities. The Committee also directs LSC to
report, not later than 120 days after enactment of this Act, on
the proactive steps it takes to ensure grantees do not engage
in political activism or other unauthorized activities.
Allocation of basic field grants.--The bill includes
language making a technical change to the allocation formula
for basic field grants. The Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1996 (Public Law 104-134) required that the allocation for
grantees in each geographic area be based on poverty statistics
from the ``most recent decennial census.'' The Census Bureau
has since stopped collecting poverty data in the decennial
census and instead collects those data in the American
Community Survey (ACS). The recommended language alters the
formula to reflect this shift. Since ACS data are released more
frequently, the language allows reallocation of funding every
three years.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $3,025,000 for the Marine Mammal
Commission, which is the same as fiscal year 2012 and $56,000
below the request.
Office of the United States Trade Representative
SALARIES AND EXPENSES
The Committee recommends $51,251,000 for the Office of the
U.S. Trade Representative (USTR), which is the same as fiscal
year 2012 and $1,790,000 below the request.
Quarterly staffing reports.--The Committee directs the USTR
to provide quarterly reports to the Committee, not later than
30 days after the end of each quarter, on projected and actual
staffing at USTR, to include detail on the number of full time
equivalents by program initiative as well as on the number of
critical vacancies. These reports should also provide an
assessment of current staffing in China with respect to
enforcement needs. The first such report shall be submitted no
later than January 30, 2013.
China.--The Committee expects that USTR will coordinate and
implement a comprehensive and robust strategy to address the
trade imbalance with China. Within the amounts provided, the
USTR is encouraged to hire sufficient staff who can translate
trade documents that USTR receives from China. The Committee
believes that USTR should have its own translators on staff
given the challenges associated with enforcing existing U.S.
trade laws with China.
Interagency Trade Enforcement Center (ITEC).--Within the
amounts provided, the Committee includes funds for the ITEC
established during fiscal year 2012. The Committee supports the
goal of more rigorous trade enforcement, but has concerns about
the implementation of ITEC. The Committee believes the ITEC
proposal was poorly developed and justified, especially given
USTR's existing mandate to coordinate trade efforts--including
trade enforcement--across the government. The Committee directs
USTR to continue to submit detailed budget information on a
monthly basis detailing the execution of ITEC funding. In
addition, the Committee directs USTR to report no later than
180 days after enactment of this Act on performance goals,
timeframes for achieving these goals, as well as a discussion
of how USTR intends to support ITEC in the future. The
Committee also directs USTR to include in its quarterly
staffing reports details of ITEC projected and actual staffing,
including details on USTR and International Trade
Administration assignees and on detailees from other agencies.
Non-tariff barriers.--In August 2011, the Chinese Ministry
of Commerce finalized new rules restricting foreign investment
in sectors it deems critical to national security. The
Committee shares USTR's concerns about ambiguity in this
regulation, which does not actually define ``national
security.'' The Committee fears this regulation could be used
by China's central planners as a tool to limit U.S. investment
in China. The Committee is also concerned that subsidies
provided to Chinese industry may be in violation of World Trade
Organization (WTO) agreements. The Committee is pleased USTR
has engaged with China regarding these subsidies and encourages
USTR to continue investigation and, as appropriate, pursuit of
cases at the WTO. The Committee directs USTR to report no later
than 120 days after enactment of this Act regarding the steps
it has taken to address these matters.
Report on China's WTO compliance.--The Committee directs
USTR to include conclusions and recommendations in the report
required under section 421 of the U.S.-China Relations Act of
2000 (Public Law 106-286) beginning in the 2012 report and each
year thereafter.
Free trade agreements.--The Committee welcomes the passage
into law of the long-pending free trade agreements with South
Korea, Colombia, and Panama. The Committee is encouraged by the
work being done on the Trans Pacific Partnership (TPP) and
directs the USTR to complete the TPP in an expeditious manner
so that it may be submitted to Congress for ratification. The
Committee further directs the USTR to continue to pursue free
trade agreements with additional countries and trading blocs to
continue advancing trade to and from the United States.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $5,121,000 for the State Justice
Institute, which is the same as fiscal year 2012 and the
request.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in the Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive Order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates offices or
employees; (5) reorganizes or renames offices, programs or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in the Act shall be absorbed with the budgetary
resources available to the department or agency, and provides
transfer authority between appropriation accounts to carry out
this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 delays the obligation of any receipts deposited
into the Crime Victims Fund in excess of $720,000,000 until
October 1, 2013. This represents an increase of $15,000,000
above the fiscal year 2012 level of obligations. This language
is continued to ensure that a stable source of funds will
remain available for the program, despite inconsistent levels
of criminal fines deposited annually into the Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in the Act to
any department, agency or instrumentality of the United States
Government, except for transfers made by, or pursuant to
authorities provided in, this Act or any other appropriations
Act.
Section 513 provides that funds provided for E-Government
Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Section 514 permanently requires the Bureau of Alcohol,
Tobacco, Firearms and Explosives to include specific language
in any release of tracing study data that makes clear that
trace data cannot be used to draw broad conclusions about
firearms-related crimes.
Section 515 requires certain timetables and procedures for
specified audits performed by inspectors general of the
departments and agencies funded in this Act and sets limits and
restrictions on the awarding and use of grants or contracts
funded by amounts appropriated by this Act.
Section 516 prohibits funds for information technology
acquisitions unless the acquiring department or agency has
assessed the risk of cyber-espionage or sabotage. Each
department or agency covered under section 516 shall submit a
quarterly report to the Committees on Appropriations describing
assessments made pursuant to this section and any associated
findings or determinations of risk. Any acquisition of
information technology produced by entities that are owned,
directed or subsidized by the People's Republic of China must
be preceded by a determination that the acquisition is in the
national interest.
Section 517 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 518 permanently prohibits the use of funds to
require certain export licenses.
Section 519 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 520 prohibits the use of funds to include certain
language in trade agreements.
Section 521 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau of
Investigation to issue NSLs.
Section 522 requires congressional notification regarding
any project within the Departments of Commerce or Justice, or
the National Science Foundation and the National Aeronautics
and Space Administration totaling more than $75,000,000 that
has cost increases of at least 10 percent.
Section 523 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2013 until the enactment of the Intelligence Authorization Act
for fiscal year 2013.
Section 524 requires the departments and agencies funded in
this Act to establish and maintain on the homepages of their
Internet websites direct links to the websites of their Offices
of Inspector General, and a mechanism by which individuals may
anonymously report cases of waste, fraud or abuse.
Section 525 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed Federal tax returns,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has no unpaid Federal tax assessment,
except in specified circumstances.
(RESCISSIONS)
Section 526 provides for rescissions of unobligated
balances in the Department of Justice. The rescission of
$64,700,000 from the Federal Prison System, Buildings and
Facilities account rescinds all remaining balances associated
with the ``Acquire Existing Institution for Higher Security
FSI'' project.
Section 527 prohibits the use of funds in this Act for the
purchase of first class or premium air travel.
Section 528 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 529 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to or
within the United States, its territories or possessions.
Section 530 prohibits the use of funds in this or any other
Act to construct, acquire or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 531 prohibits the distribution of funds contained
in this Act to the Association of Community Organizations for
Reform Now or its subsidiaries.
Section 532 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 533 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 534 prohibits the use of funds by the National
Aeronautics and Space Administration (NASA) or the Office of
Science and Technology Policy (OSTP) to engage in bilateral
activities with China or a Chinese-owned company unless the
activities are authorized by subsequent legislation or NASA or
OSTP have made a certification pursuant to subsections (c) and
(d) of this section.
Section 535 specifies reporting requirements for certain
conferences held by any department, agency, board or commission
funded by this Act.
Section 536 prohibits funds made available by this Act from
being used to deny the importation of shotgun models if no
application for the importation of such models, in the same
configuration, had been denied prior to January 1, 2011, on the
basis that the shotgun was not particularly suitable for or
readily adaptable to sporting purposes.
Section 537 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 538 prohibits funds made available by this Act from
being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months.
Section 539 prohibits funds made available by this Act from
being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability.
Section 540 prohibits funds in this Act from being used to
implement, administer, or enforce Equal Employment Opportunity
Commission regulations on ``Disparate Impact and Reasonable
Factors Other Than Age Under the Age Discrimination in
Employment Act''.
SPENDING REDUCTION ACCOUNT
Section 541 establishes a Spending Reduction Account, as
required by clause 2(j) of rule XXI of the Rules of the House
of Representatives.
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
Full Committee Vote
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
DOJ, Working Capital Fund............................. $26,000,000
DOJ, Assets Forfeiture Fund........................... 675,000,000
ATF, Violent Crime Reduction Program.................. 1,028,000
FPS, Buildings and facilities......................... 64,700,000
Violence Against Women Prevention and Prosecution 12,000,000
Programs.............................................
Office of Justice Programs............................ 43,000,000
Community Oriented Policing Services.................. 12,200,000
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfers of funds provided in the accompanying bill:
In title I, under U.S. Patent and Trademark Office,
Salaries and Expenses, language is included to transfer funds
to the Civil Service Retirement and Disability Fund, the
Federal Employees Health Benefit Fund, and the Federal
Employees Group Life Insurance Fund.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included to
transfer funds from the Promote and Develop Fishery Products
and Research Pertaining to American Fisheries fund.
In title II, under General Administration, Administrative
Review and Appeals, language is included to transfer funds to
the Executive Office for Immigration Review from fees deposited
in the Immigration Examinations Fee account.
Under United States Marshals Service, Federal Prisoner
Detention, language is included transferring available
unobligated balances from General Administration, Detention
Trustee to this new account.
Under Federal Prison System, Salaries and Expenses,
language is included to allow the transfer of funds to the
Health Resources and Services Administration.
In title IV, under Commission on Civil Rights, Salaries and
Expenses, language is included to transfer funds to the Office
of Inspector General of the Government Accountability Office.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Compliance With Rule XIII, CL. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 105 OF THE COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012
Sec. 105. (a) * * *
* * * * * * *
(f) NOAA shall complete an analysis initiated under
[paragraph (2)] subsection (e)(2) not later than 6 months after
the Under Secretary makes a determination under [this
subsection] subsection (e). The Under Secretary shall transmit
the analysis to the appropriate congressional committees not
later than 30 days after its completion.
* * * * * * *
----------
SECTION 1105 OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
AUTHORIZATION ACT OF 2010
SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS PRESERVATION.
Prior to receipt by the Congress of the study,
recommendations, and implementation strategy developed pursuant
to section 1103, none of the funds authorized for use under
this Act may be used to transfer the functions, missions, or
activities, and associated civil service and contractor
positions, from any NASA facility without authorization by the
Congress to implement the proposed strategy. The Administrator
shall preserve the critical skills and competencies in place at
NASA centers prior to enactment of this Act in order to
facilitate timely implementation of the requirements of this
Act and to minimize disruption to the workforce. [The
Administrator may not implement any reduction-in-force or other
involuntary separations of permanent, non-Senior-Executive-
Service, civil servant employees before September 30, 2013,
except for cause on charges of misconduct, delinquency, or
inefficiency.]
* * * * * * *
----------
SECTION 30102 OF TITLE 51, UNITED STATES CODE
Sec. 30102. Working capital fund
(a) * * *
* * * * * * *
(c) Contents.--The capital of the fund consists of--
(1) * * *
(2) the reasonable value of stocks of supplies,
equipment, and other assets and inventories on order
that the Administrator transfers to the fund, less the
related liabilities and unpaid obligations; [and]
(3) payments received for loss or damage to property
of the fund[.]; and
(4) refunds or rebates received on an on-going basis
from a credit card services provider under the National
Aeronautics and Space Administration's credit card
programs.
* * * * * * *
----------
SECTION 501 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1996
ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION
Sec. 501. (a) Funds appropriated under this Act to the
Legal Services Corporation for basic field programs shall be
distributed as follows:
(1) * * *
(2) Funds for grants from the Corporation, and
contracts entered into by the Corporation for basic
field programs, shall be allocated so as to provide--
(A) except as provided in subparagraph (B),
an equal figure per individual in poverty for
all geographic areas, as determined [on the
basis of the most recent decennial census of
population conducted pursuant to section 141 of
title 13, United States Code] triennially by
the Bureau of the Census (or, in the case of
the Republic of Palau, the Federated States of
Micronesia, the Republic of the Marshall
Islands, Alaska, Hawaii, and the United States
Virgin Islands, on the basis of the adjusted
population counts historically used as the
basis for such determinations); and
* * * * * * *
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law:
Language is included for a number of accounts which places
limitations on representation and reception allowances in order
to reduce the amount of money that would otherwise be spent on
these activities. The bill also provides that a number of
appropriations shall remain available for obligation beyond the
current fiscal year. While these provisions are not
specifically authorized for all of the items, it is deemed
desirable to include such language for certain programs in
order to provide for orderly administration and effective use
of funds.
In title I, Department of Commerce, under International
Trade Administration, Operations and Administration, language
is included providing that funds may be used for engaging in
trade promotion activities abroad, including expenses of grants
and cooperative agreements for the purposes of promoting
exports of U.S. firms. Language is also provided allowing for
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration; employment
of Americans and aliens by contract for services; rental of
space abroad and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; and payment of tort
claims. In addition, language is included regarding official
representation expenses abroad, purchase of passenger motor
vehicles for official use abroad, obtaining insurance on
official motor vehicles, and rental of tie lines. Language is
also recommended deriving a portion of available funds from
fees. Furthermore, language is included designating funding for
China antidumping and countervailing duty enforcement and
compliance activities. Moreover, language is included providing
for two-year availability of funds. Finally, language is
included regarding the contribution to the Mutual Educational
and Culture Exchange Act of 1961 to include payment for
assessment.
Under Bureau of Industry and Security, Operations and
Administration, the language provides for no-year availability
of funds. Language is included regarding the costs associated
with the performance of export administration field activities
both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for
services abroad; payment of tort claims; official
representation expenses abroad; awards of compensation to
informers; and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use without
regard to any price limitation established by law. In addition,
language is included regarding the Mutual Educational and
Cultural Exchange Act of 1961. Finally, language is recommended
providing that payments and contributions collected and
accepted for materials or services may be retained for use in
covering the cost of those activities and other communications.
Under Economic Development Administration, Economic
Development Assistance Programs, the language provides for no-
year availability of funds. Language is also included
specifying amounts for certain grants and loan guarantees. In
addition, language is included providing that the cost of
modifying certain loan guarantees be as defined in section 502
of the Congressional Budget Act of 1974. Finally, the account
includes language limiting funds available to subsidize total
loan principal.
Also, under Salaries and Expenses, language is included
regarding the monitoring of approved projects.
Under Minority Business Development Agency, Minority
Business Development, language is included making funds
available for fostering, promoting, and developing minority
business enterprises, including expenses of grants, contracts
and other agreements.
Under Economic and Statistical Analysis, Salaries and
Expenses, language is included providing for two-year
availability of funds.
Under Bureau of the Census, Salaries and Expenses, language
is included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities.
Also, under Periodic Censuses and Programs, language is
included providing two-year availability of funds. Language is
also included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities.
Under National Telecommunications and Information
Administration, Salaries and Expenses, language is included
providing for two-year availability of funds. Language is also
included permitting the Secretary of Commerce to charge Federal
agencies for costs in spectrum management, analysis,
operations, and related services; and to use such collections
in telecommunications research. The language also allows the
Secretary to retain and use as offsetting collections all funds
transferred, or previously transferred for telecommunications
research, engineering and activities by the Institute for
Telecommunication Sciences of NTIA. Finally, language is
included providing that funds so transferred shall remain
available until expended.
Also, under Public Telecommunications Facilities, Planning
and Construction, language is included allowing recoveries and
unobligated balances of funds previously appropriated to be
available for the administration of all open grants until their
expiration.
Under Patent and Trademark Office, Salaries and Expenses,
language is included providing that appropriated funds be
reduced as offsetting collections are assessed and collected.
The language also provides that funds received in excess of
appropriations be deposited in a Patent and Trademark Fee
Reserve fund, to be available until expended pursuant to the
Director submitting a spending plan subject to section 505 of
this Act. In addition, language is included limiting
representation expenses. Language is also included regarding
basic pay and certain retirement benefits. Additional language
is included regarding USPTO's financial statements.
Furthermore, language is included providing that fees and
surcharges charged are available to USPTO pursuant to section
42(c) of title 35, United States Code. Finally, the language
provides that an amount be transferred to the Inspector
General.
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included providing for no-year availability of funds. In
addition, language is included allowing transfers to the
working capital fund. Finally, language is included limiting
funds for official reception and representation expenses.
Also, under Industrial Technology Services, language is
included providing no-year availability of funds. The language
also designates an amount for the Manufacturing Extension
Partnership and for the Advanced Manufacturing Technology
Consortia.
In addition, under Construction of Research Facilities,
language is included providing for no-year availability of
funds. Language is also included regarding the submission of
certain materials in support of construction budget requests.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included
allowing for two-year availability for funds, expect for
cooperative enforcement funds, which are available for three
years. Language is also included allowing maintenance,
operation, and hire of aircraft and vessels; grants, contracts,
or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements;
and relocation of facilities. Language is included allowing
fees and donations received by a particular office to be
retained and used for expenses related to certain activities.
In addition, language is included that provides that certain
funds be derived from various sources. Furthermore, language is
included limiting the amount of funds that can be provided for
corporate services administrative support. Moreover, language
is included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Finally, language is included providing for
retired pay expenses.
Also, under Procurement, Acquisition and Construction,
language is included providing for three-year availability for
funds, except for construction funds, which are available until
expended. Language is also included providing that certain
funds be derived from various sources. In addition, language is
included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Finally, language is included regarding the
submission of certain materials in support of construction
budget requests.
In addition, under Pacific Coastal Salmon Recovery,
language is included providing for two-year availability of
funds. Language is also included allowing the Secretary of
Commerce to issue grants to specific States and Federally-
recognized tribes for conservation projects for listed
endangered or threatened salmon and steelhead populations,
populations at risk to be so listed, and for maintaining
populations necessary for the exercise of tribal treaty fishing
rights, and for conservation of Pacific coastal salmon and
steelhead habitat, to be allocated under scientific and merit
principles and not available for marketing activities; and
requiring a State match.
Furthermore, under Fishermen's Contingency Fund, language
is included providing for the appropriation of funds to be
derived from receipts collected pursuant to title IV of Public
Law 95-372.
Moreover, under Fisheries Finance Program Account, language
is included placing limitations on individual fishing quota
loans and traditional direct loans. Language is also included
that prohibits direct loans for any new fishing vessel that
will increase the harvesting capacity in any U.S. fishery.
Under Departmental Management, Salaries and Expenses,
language is included limiting funds for official reception and
representation expenses. In addition, language is included
continuing a task force on job repatriation and manufacturing
growth.
Under Department of Commerce, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for the Department for
Salaries and Expenses available for hire of passenger motor
vehicles, for services, and for uniforms and allowances
therefor as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires notification to the Committee of certain actions.
Section 104 provides that any costs incurred by the
Department in response to funding reductions shall be absorbed
within the total budgetary resources available to the
Department and shall be subject to the reprogramming
limitations set forth in this Act.
Section 105 extends Congressional notification requirements
for NOAA satellite programs.
Section 106 provides for reimbursement for services within
Department of Commerce buildings.
Section 107 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 108 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 109 specifies certain reporting requirements.
In title II, Department of Justice, under General
Administration, Salaries and Expenses, language is included
providing for an amount for security and construction of
Department of Justice facilities remain available until
expended.
Also, under Justice Information Sharing Technology,
language is included providing that funds be available until
expended.
In addition, under Administrative Review and Appeals,
language is included providing that an amount shall be derived
by transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee'' account.
Moreover, under Office of Inspector General, language is
included providing for not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
Under Legal Activities, Salaries and Expenses, General
Legal Activities, language is included providing not to exceed
$20,000 for expenses of collecting evidence, to be expended
under the direction of, and to be accounted for solely under
the certificate of, the Attorney General. Language is also
included providing for rental of space in the District of
Columbia. Language is included making an amount available until
expended for litigation support contracts. In addition,
language is included limiting the amount of funds for official
representation and reception expenses available to INTERPOL
Washington. Furthermore, language is included allowing, upon a
determination by the Attorney General that emergent
circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General to
transfer funds to this account from available appropriations
for the current fiscal year for the Department of Justice, as
may be necessary to respond to such circumstances. Moreover,
language is included providing funds to reimburse the Office of
Personnel Management for expenses associated with the election
monitoring program and providing for extended availability.
Finally, language is included for expenses associated with
processing cases under the National Childhood Vaccine Injury
Act of 1986.
Also, under Salaries and Expenses, Antitrust Division,
language is included providing for no-year availability of
funds. The language also provides that fees collected for
premerger notification filings, regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended.
In addition, under Salaries and Expenses, United States
Attorneys, language is included regarding inter-governmental
and cooperative agreements and limiting funds for official
reception and representation expenses. Language is also
included extending the availability of certain funds. Finally,
language is included requiring each United States Attorney to
establish a task force on human trafficking.
Furthermore, under United States Trustee System Fund,
language is included regarding refunds due depositors. Language
is also included providing for the extended availability of
certain funds and the use of offsetting collections.
Moreover, under Fees and Expenses of Witnesses, language is
included regarding contracts for the procurement and
supervision of expert witnesses. In addition, language is
included regarding funds for construction of buildings for
safesites, armored and other vehicles, and telecommunication
equipment. The language also provides for no-year availability
of funds.
And under Salaries and Expenses, Community Relations
Service, language is included regarding the transfer of funds
for conflict resolution and violence prevention activities,
which shall be subject to the provisions of section 505 of this
Act.
Under United States Marshals Service, Salaries and
Expenses, language is included limiting official reception and
representation expenses, and providing for no-year availability
for part of the appropriation.
Also, under Construction, language is included providing
for no-year availability.
In addition, under Federal Prisoner Detention, language is
included providing for no-year availability. Language is also
included providing that the Trustee shall be responsible for
managing the Justice Prisoner and Alien Transportation System.
In addition, language is included limiting the amount of funds
considered ``funds appropriated for State and local law
enforcement assistance''. Finally, language is included
transferring available unobligated balances from General
Administration, Detention Trustee to this new account.
Under National Security Division, Salaries and Expenses,
language is included providing for the no-year availability of
funds for IT systems. Language is also included providing that
upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of
the National Security Division, the Attorney General may
transfer such amounts to this heading from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances. The language provides such a transfer be treated
as a reprogramming under section 505 of this Act.
Under Interagency Law Enforcement, Interagency Crime and
Drug Enforcement, language is included regarding certain
reimbursements.
Under Federal Bureau of Investigation, Salaries and
Expenses, language is included providing for no-year
availability of certain funds. Language is also included
providing for a limitation on representational expenses.
Under Drug Enforcement Administration, Salaries and
Expenses, language is included providing for funds to meet
unforeseen emergencies of a confidential character. Language is
also included allowing conduct of drug education and training
programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs. In
addition, language is included providing for no-year
availability of certain funds. Finally, language is included
providing for a limitation on representational expenses.
Under Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses, language is included allowing training
of State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection, and allowing provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement. Language is also included limiting
official reception and representation expenses. In addition,
language is included providing funds for the payment of
attorneys' fees. In addition, language is included providing
for no-year availability of certain funds. Furthermore,
language is included that permanently prohibits funds to
implement amendments to section 478.118 of title 27, Code of
Federal Regulations, change the definition of ``Curios or
relics'' or remove items from ATF publication 5300.11.
Additional language is included prohibiting expenses to
investigate or act upon applications for relief from Federal
firearms disabilities under section 925(c) of title 18, United
States Code. Language is further included regarding expenses to
investigate applications filed by corporations for relief from
section 925(c) of title 18, United States Code. Moreover,
language is included that prohibits funds to transfer the
functions, missions or activities of ATF to other agencies or
departments. Also, language is included that permanently
prohibits expenses to promulgate or implement any rule
requiring a physical inventory of licensed businesses. Finally,
language is included that permanently prohibits expenses to
deny an application for certain licenses.
Under Federal Prison System, Salaries and Expenses,
language is included that provides for the transfer to the
Health Resources and Services Administration funds necessary
for medical relief for inmates. Language is also included that
provides authority to the Director to enter into contracts to
furnish health care. In addition, language is included placing
a limitation on funds for reception and representation
expenses. Furthermore, language is included extending the
availability of certain funds. Moreover, language is included
providing for the use of certain funds for the care and
security of Cuban and Haitian entrants. Finally, language is
included providing authority for the Federal Prison System to
accept donated property and services.
Also, in Building and Facilities, language is included
providing for no-year availability of funds and establishing
maximum and minimum funding levels for certain activities.
Language is also included stating labor of prisoners may be
used for work under this heading.
Additionally, under Federal Prison Industries,
Incorporated, language is included authorizing Federal Prison
Industries, Incorporated, to make such expenditures, within the
limits of funds and borrowing authority available, and in
accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations, as may
be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation,
including purchase and hire of passenger motor vehicles.
Furthermore, under Limitation on Administrative Expenses,
Federal Prison Industries, Incorporated, language is included
making available funds for its administrative expenses, and for
certain services, to be computed on an accrual basis to be
determined in accordance with the corporation's current
prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and expenditures
which such accounting system requires to be capitalized or
charged to cost of commodities acquired or produced, including
selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Under State and Local Law enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included making funds
available until expended. Language is also included placing a
limitation on funds to be made available for expenses related
to evaluation, training, and technical assistance. In addition,
language is included providing for specific appropriations for
various programs within the Office on Violence Against Women.
Furthermore, language is included making available certain
unobligated balances for specified programs. The language also
applies certain conditions to specified grants. It provides for
certain funds to be transferred to ``Research, Evaluation, and
Statistics'' for administration by the Office of Justice
Programs. Finally, language is included to establish a national
clearinghouse that provides training and technical assistance
on issues relating to sexual assault of American Indian and
Alaska Native women.
Under Office of Justice Programs, Research, Evaluation and
Statistics, language is included to provide for no-year
availability of funds. Language is also included to provide for
specific appropriations for various programs within the Office
of Justice Programs.
Also, under State and Local Law Enforcement Assistance,
language is included to provide for no-year availability of
funds. Language is also included regarding Puerto Rico. In
addition, language is included regarding a Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
Initiative as well as the domestic radicalization phenomenon.
In addition, language is included regarding Federal immigration
and other detainees housed in State and local detention
facilities. Furthermore language is included regarding local
government use of funds to increase the number of law
enforcement officers. Finally, the language specifies
appropriations for various programs within the Office of
Justice Programs.
In addition, under Juvenile Justice Programs, language is
included providing for no-year availability of funds. Language
is also included regarding research, evaluation, and statistics
activities designed to benefit the programs or activities
authorized, with certain exceptions. In addition, language is
included regarding funds for training and technical assistance,
with certain exceptions. Furthermore, language is included
regarding the National ICAC Task Force Program. Finally, the
language delineates certain amounts for various programs under
this heading.
Furthermore, under Public Safety Officer Benefits, language
is included providing for no-year availability of funds.
Language is also included providing for the transfers of funds
in emergent circumstances, which shall be subject to the
provisions of section 505 of this Act.
Under Community Oriented Policing Services, Community
Oriented Policing Services Programs, language is included
providing for no-year availability of funds. Language is also
included requiring that balances made available through prior
year deobligations shall only be available in accordance with
section 505 of this Act. In addition, language is included
regarding transfers of funds for anti-methamphetamine
activities. Furthermore, language is included waiving a
provision of law that provided that the COPS Hiring Program
would terminate after September 2000. Finally, language is
included providing that funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation.
Under Department of Justice, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or to preserve the life of
the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend an
ongoing Personnel Management Demonstration Project.
Section 207 permanently extends specified authorities to
the Bureau of Alcohol, Tobacco, Firearms and Explosives for
undercover operations.
Section 208 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the Bureau of Prisons as appropriately
secure.
Section 209 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 210 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 211 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 212 prohibits the use of funds for A-76
competitions for work performed by employees of the Bureau of
Prisons or Federal Prison Industries, Inc.
Section 213 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 214 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance and permits up to 2 percent of grant or reimbursable
program funds made available to that office to be used for
criminal justice research, evaluation and statistics.
Section 215 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; state, tribal and
local reentry courts; drug treatment programs; and prison rape
elimination programs.
Section 216 waives the requirement that the Attorney
General reserve certain amounts provided for offender
incarceration.
Section 217 prohibits funds, with certain exceptions, to be
used to facilitate certain firearm transfers.
Section 218 prohibits funds made available by this Act from
being used to require public entities, places of public
accommodation, and commercial facilities to provide a permanent
means of accessible entry to pools and spas.
Section 219 prohibits funds made available by this Act from
being used to require licensed firearms dealers to report on
the sale of multiple rifles and shotguns to the same person.
In title III, Science, under Office of Science and
Technology Policy, language is included providing that certain
funds be available for reception and representation expenses,
and rental of conference rooms.
Under National Aeronautics and Space Administration,
Science, language is included providing for the multi-year
availability of funds. Language is also included designating
funds for a certain reimbursable agreement. In addition,
language is included concerning implementation of the planetary
science decadal survey. Finally, language is included regarding
costs for a certain space-based telescope.
Also, under Aeronautics, language is included providing for
the multi-year availability of funds.
In addition, under Space Technology, language is included
providing for the multi-year availability of funds.
Under Exploration, language is included providing for the
multi-year availability of funds. Language is also included
that delineates amounts for program components.
In Space Operations, language is included providing for the
multi-year availability of funds.
Additionally, under Education, language is included
providing for the multi-year availability of funds. Language is
also included delineating amounts for program components.
Under Cross Agency Support, language is included providing
for the multi-year availability of funds. Language is also
included to limit official reception and representation
expenses.
Under Construction and Environmental Compliance and
Restoration, language is included providing for the multi-year
availability of funds. Language is also included restricting
receipts and expenditures made pursuant to enhanced use lease
arrangements and requiring the inclusion of estimates in future
budget requests.
Under Office of Inspector General, language is included
providing for the multi-year availability of some funds.
In the Administrative Provisions, language is included
regarding: availability of funds for announced prizes;
transfers of funds; certain personnel actions; the submission
of a spending plan; and credit card programs.
Under National Science Foundation, Research and Related
Activities, language is included that provides for the multi-
year availability of funds. Language is also included that
governs funding availability for polar research and operational
support. In addition, language is included providing that
certain receipts may be credited to this appropriation.
Also, under Major Research Equipment and Facilities
Construction, language is included providing for no-year
availability of funds. Language is also included prohibiting
reimbursement of the Judgment Fund.
In addition, under Education and Human Resources, language
is included providing for the multi-year availability of funds.
Furthermore, under Agency Operations and Award Management,
language is included regarding contracts for maintenance and
operation of facilities and other services. Language is also
included limiting representation expenses.
Under Office of the National Science Board, language is
included limiting funds for official reception and
representation.
Under Office of Inspector General, language is included
providing for the multi-year availability of some funds.
Under Administrative Provision, a general provision is
included regarding transfers of funds.
In title IV, Related Agencies, under Commission on Civil
Rights, Salaries and Expenses, language is included prohibiting
expenses to employ in excess of a specific level of full-time
individuals or to reimburse Commissioners for certain billable
days. Language is also included prohibiting certain
unauthorized activities. Finally, language is included
regarding the establishment of an inspector general.
Under Equal Employment Opportunity Commission, Salaries and
Expenses, language is included designating amounts for payments
to State and local enforcement agencies. Language is also
included limiting funds for official reception and
representation expenses. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
Under International Trade Commission, Salaries and
Expenses, language is included limiting funds for official
reception and representation expenses. Language is also
included providing for no-year availability of funds.
Under Legal Services Corporation, Payment to Legal Services
Corporation, language is included regarding pay for officers
and employees. Language is also included delineating amounts
for specific programs and regarding authorities to transfer
funds.
Under Administrative Provisions, Legal Services
Corporation, language is included that prohibits the use of
funds for certain activities. Language is also included
regarding the distribution of funds.
Under Office of the United States Trade Representative,
Salaries and Expenses, language is included providing for the
no-year availability of some funds. Language is also included
limiting funds for official reception and representation
expenses.
Under State Justice Institute, Salaries and Expenses,
language is included limiting funds for reception and
representation expenses. Language is also included providing
for multi-year availability of some funds.
In title V, General Provisions, the following general
provisions that fall within the rule are recommended:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in the Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive Order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 specifies requirements for reprogramming funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in the Act shall be absorbed with the budgetary
resources available to the department or agency, and provides
transfer authority between appropriation accounts to carry out
this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Section 510 limits the obligation of certain funds.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in the Act to
any department, agency, or instrumentality of the United States
Government, except for transfers made by, or pursuant to
authorities provided in, this Act or any other appropriations
Act.
Section 513 provides that funds provided for E-Government
Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Section 514 permanently requires the Bureau of Alcohol,
Tobacco, Firearms and Explosives to include specific language
in any release of tracing study data that makes clear that
trace data cannot be used to draw broad conclusions about
firearms-related crimes.
Section 515 requires certain timetables and procedures for
specified audits performed by Inspectors General of the
departments and agencies funded in this Act and sets limits and
restrictions on the awarding and use of grants or contracts
funded by amounts appropriated by this Act.
Section 516 prohibits funds for information technology
acquisitions unless the acquiring department or agency has
assessed the risk of cyber-espionage or sabotage. Any
acquisition of information technology produced by entities that
are owned, directed, or subsidized by the People's Republic of
China must be preceded by a determination that the acquisition
is in the national interest.
Section 517 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 518 permanently prohibits the use of funds to
require certain export licenses.
Section 519 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 520 prohibits the use of funds to include certain
language in trade agreements.
Section 521 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau of
Investigation to issue NSLs.
Section 522 requires congressional notification regarding
any project within the Departments of Commerce or Justice, or
the National Science Foundation and the National Aeronautics
and Space Administration totaling more than $75,000,000 that
has cost increases of at least 10 percent.
Section 523 deems funds for intelligence or intelligence
related activities as authorized by the Congress during fiscal
year 2013 until the enactment of the Intelligence Authorization
Act for fiscal year 2013.
Section 524 requires the departments and agencies funded in
this Act to establish and maintain on the homepages of their
Internet websites direct links to the websites of their Offices
of Inspector General, and a mechanism by which individuals may
anonymously report cases of waste, fraud, or abuse.
Section 525 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed Federal tax returns,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has no unpaid Federal tax assessment,
except in specified circumstances.
Section 526 provides for rescissions of unobligated
balances in the Department of Justice.
Section 527 prohibits the use of funds in this Act for the
purchase of first class or premium air travel.
Section 528 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 529 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at Naval Station, Guantanamo Bay, Cuba, to or within the United
States, its territories or possessions.
Section 530 prohibits the use of funds in this or any other
Act to construct, acquire or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 531 prohibits the distribution of funds contained
in this Act to the Association of Community Organizations for
Reform Now or its subsidiaries.
Section 532 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 533 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 534 prohibits the use of funds by the National
Aeronautics and Space Administration or the Office of Science
and Technology Policy to engage in bilateral activities with
China or a Chinese-owned company unless the activities are
authorized by subsequent legislation or NASA or OSTP have made
a certification pursuant to subsections (c) and (d) of this
section.
Section 535 specifies reporting requirements for certain
conferences held by any department, agency, board or commission
funded by this Act.
Section 536 prohibits funds made available by this Act from
being used to deny the importation of shotgun models if no
application for the importation of such models, in the same
configuration, had been denied prior to January 1, 2011, on the
basis that the shotgun was not particularly suitable for or
readily adaptable to sporting purposes.
Section 537 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 538 prohibits funds made available by this Act from
being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months.
Section 539 prohibits funds made available by this Act from
being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability.
Section 540 prohibits funds in this Act from being used to
implement, administer, or enforce Equal Employment Opportunity
Commission regulations on ``Disparate Impact and Reasonable
Factors Other Than Age Under the Age Discrimination in
Employment Act''.
Section 541 establishes a Spending Reduction Account.
Appropriations Not Authorized by Law
The Committee, in a number of instances, has found it
necessary to recommend funding for ongoing activities and
programs for which authorizations have not been enacted to
date. These include some or all of the programs under the
Department of Commerce, Department of Justice, Commission on
Civil Rights, International Trade Commission, Legal Services
Corporation, Marine Mammal Commission, Office of the U.S. Trade
Representative, and State Justice Institute. Pursuant to clause
3(f)(1)(B) of rule XIII of the Rules of the House of
Representatives, the following table lists the appropriations
in the accompanying bill which are not authorized by law for
the period concerned:
----------------------------------------------------------------------------------------------------------------
Appropriation in
Agency/Program Last year of Authorization last year of Appropriations
authorization level authorization in this bill
----------------------------------------------------------------------------------------------------------------
Department of Commerce:
International Trade Administration
Operations and Administration
Export Promotion Activities........ 1996 such sums $264,885 $277,824
Economic Development Administration
Salaries and Expenses................ 2008 such sums 30,832 37,500
Economic Development Assistance 2008 500,000 349,100 182,000
Programs............................
Economic and Statistical Analysis
Salaries and Expenses................ n/a n/a n/a 96,000
Minority Business Development Agency
Minority Business Development........ n/a n/a n/a 28,689
National Telecommunications and
Information Administration
Salaries and Expenses................ 1993 17,900 18,493 45,568
National Oceanic and Atmospheric
Administration
Operations, Research and Facilities
Oceanic and Atmospheric Research... 1993 1,589,081 202,172 404,941
Climate and air quality research 1993 (103,877) \a\ \a\
activities......................
Atmospheric research activities.. 1993 (44,781) \a\ \a\
National Ocean Service............. 1993 121,183 150,864 427,275
Coral Reef Conservation.......... 2004 (16,000) (16,000) (24,098)
Coastal Zone Management.......... 1999 (55,300) (52,700) (64,844)
Marine Protection, Research, 2005 (40,000) (57,958) (41,932)
Preservation & Sanctuaries......
Marine debris prevention, 2010 (10,000) (4,000) (3,000)
removal, and information........
National Marine Fisheries Service.. various 775,427
Endangered Species Act Activities 1992 6,750 \b\ \b\
Marine Mammal Protection Act 1999 34,768 \b\ \b\
Activities......................
NOAA Marine Fisheries Program 2000 110,470 \b\ \b\
Activities......................
National Weather Service
Operations and research 1993 395,822 \a\ \a\
activities......................
Public warning and forecast 1993 132,034 \a,c\ \a,c\
systems.........................
NESDIS
Satellite observing systems 1993 336,000 \a,c\ \a,c\
activities (NESDIS).............
Data and information services 1993 39,596 10,300 \a,c\
activities......................
Program Support
Executive Direction and 1993 75,750 25,000 99,820
Administrative Activities.......
Marine Services.................. 1993 68,518 61,200 166,015
Aircraft Services................ 1993 10,336 9,500 30,241
Procurement, Acquisition and
Construction
Office of Marine and Aviation
Operations
Fleet modernization and 1997 such sums 8,000 14,609
replacement.....................
Pacific Coastal Salmon Recovery...... 2009 90,000 80,000 65,000
Departmental Management
Salaries and Expenses................ n/a n/a n/a 55,000
Office of Inspector General.......... n/a n/a n/a 28,753
Department of Justice:
General Administration
Salaries and Expenses................ 2009 181,561 105,805 110,322
Justice Information Sharing 2009 204,152 80,000 33,426
Technology..........................
Administrative review and appeals.... 2009 243,291 270,000 313,438
Office of Inspector General.......... 2009 81,922 80,681 84,199
United States Parole Commission
Salaries and Expenses................ 2009 12,711 12,570 12,772
Legal Activities
Salaries and Expenses, General Legal 2009 764,526 805,655 863,367
Activities..........................
Salaries and Expenses, Antitrust 2009 162,488 157,788 159,587
Division............................
Salaries and Expenses, United States 2009 1,829,194 1,851,336 1,965,000
Attorneys...........................
Salaries and Expenses, Foreign Claims 2009 1,429 1,823 2,000
Settlement Commission...............
Fees and Expenses of witnesses....... 2009 203,755 168,300 270,000
Salaries and Expenses, Community 2009 10,977 9,873 11,456
Relations Service...................
Assets Forfeiture Fund............... 2009 22,000 20,990 20,948
United States Marshals Service......... 2009 900,178 954,000 2,845,871
Salaries and Expenses................ \d\ (960,000) (1,188,488)
Construction......................... \d\ (4,000) (10,000)
Federal Prisoner Detention\e\........ 2009 1,858,509 1,355,319 (1,647,383)
National Security Division
Salaries and Expenses................ n/a n/a n/a 90,039
Interagency Law Enforcement
Interagency Crime and Drug 2009 744,593 515,000 521,793
Enforcement.........................
Federal Bureau of Investigation........ 2009 6,480,608 7,301,191 8,265,989
Salaries and Expenses................ \d\ (7,182,700) 8,185,007
Construction......................... \d\ (153,491) (80,982)
Drug Enforcement Administration
Salaries and Expenses................ 2009 1,930,462 1,959,084 2,396,504
Bureau of Alcohol, Tobacco, Firearms
and Explosives
Salaries and Expenses................ 2009 1,038,939 1,078,215 1,153,345
Federal Prison System.................. 2009 5,698,292 6,171,561 6,910,217
Salaries and Expenses................ \d\ (5,600,792) (6,820,217)
Buildings and Facilities............. \d\ (575,807) (90,000)
Office on Violence Against Women
Violence Against Women Prevention and
Prosecution Programs
STOP Grants........................ 2011 225,000 \f\ 189,000
Transitional Housing Assistance.... 2011 40,000 \f\ 25,000
Research and Evaluation on Violence n/a n/a n/a 3,500
against Women.....................
Grants to Encourage Arrest Policies 2011 75,000 \f\ 50,000
Sexual Assault Victims Services.... 2011 50,000 \f\ 23,000
Rural Domestic Violence and Child 2011 55,000 \f\ 36,500
Abuse Enforcement.................
Violence on College Campuses....... 2011 15,000 \f\ 9,000
Civil Legal Assistance............. 2011 65,000 \f\ 41,000
Elder Abuse Grant Program.......... 2011 10,000 \f\ 4,250
Safe Havens Program................ 2011 20,000 \f\ 11,500
Education and Training for Disabled 2011 10,000 \f\ 5,750
Female Victims....................
Court Training and Improvements 2011 5,000 \f\ 4,500
Program...........................
Research on Violence against Indian 2008 1,000 940 1,000
Women.............................
Consolidated Youth-oriented Program various 10,000
Engaging Men and Youth in n/a n/a n/a \g\
Prevention......................
Grants to Assist Children and n/a n/a n/a \g\
Youth Exposed to Violence.......
Supporting Teens Through 2011 5,000 \f\ \g\
Education Program...............
Services to Advocate and Respond n/a n/a n/a \g\
to Youth........................
National Resource Center on 2011 1,000 \f\ 500
Workplace Responses...............
Indian Country--Sexual Assault n/a n/a n/a 500
Clearinghouse.....................
Office of Justice Programs
Research, Evaluation and Statistics
Bureau of Justice Statistics..... 1995 33,000 32,335 45,000
National Institute of Justice.... 1995 33,000 58,879 40,000
Regional information sharing 2003 100,000 29,000 27,000
activities......................
State and Local Law Enforcement
Assistance
Byrne Memorial Justice Assistance 2012 1,095,000 470,000 370,000
Grants..........................
Domestic Radicalization n/a n/a n/a (4,000)
Research......................
VALOR Initiative............... n/a n/a n/a (5,000)
State Criminal Alien Assistance 2011 950,000 \f\ 165,000
Program.........................
Byrne Competitive Grants......... n/a n/a n/a 20,000
Missing Alzheimer's Patients 1999 900 898 1,000
Grants..........................
Victims of Trafficking Grants.... 2011 10,500 \f\ 13,500
Drug Courts...................... 2008 70,000 15,200 41,000
Veterans Treatment Courts........ n/a n/a n/a 4,000
Prescription Drug Monitoring..... n/a n/a n/a 7,000
Prison Rape Prevention and 2010 40,000 15,000 12,500
Prosecution.....................
Residential Substance Abuse 2000 72,000 61,677 15,000
Treatment.......................
Capital Litigation and Wrongful 2009 75,000 5,500 1,000
Conviction Review...............
Tribal Assistance................ various 38,000
Tribal Courts.................. 2004 such sums (8,000) \h\
Alcohol and Substance Abuse.... n/a n/a n/a \h\
Indian Prison Grants........... 2000 (2,753) (5,000) \h\
Training/TA Civil and Criminal n/a n/a n/a \h\
Legal Assistance..............
Economic, High-tech, Cybercrime n/a n/a n/a 7,000
Prevention......................
CASA--Special Advocates.......... 2011 12,000 \f\ 4,500
Bulletproof Vests................ 2012 50,000 24,000 20,000
Criminal Records Upgrade......... 2007 250,000 \i\ 6,000
Second Chance Act/Offender 2010 55,000 100,000 70,000
Reentry.........................
Smart Probation................ n/a n/a n/a (6,000)
Adam Walsh Act Implementation.... 2009 such sums 20,000
National Sex Offender Public Web n/a n/a n/a 1,000
Site............................
DNA Initiative
Post-Conviction DNA Testing 2009 5,000 5,000 (4,000)
Grants........................
Juvenile Justice Programs
Part B--State Formula Grants..... 2007 such sums \i\ 33,000
Youth Mentoring Grants........... 2007 such sums \i\ 90,000
Victims of Child Abuse Programs.. 2005 8,481 11,000 18,000
Training for Judicial Personnel.. 2005 2,300 1,500
Community Oriented Policing Services
Community Oriented Policing 2009 1,047,119 1,550,500 72,500
Services Programs.................
Tribal Resources Grant Program... \j\ (20,000) (20,000)
COPS Hiring Grants............... \j\ (1,000,000) (40,000)
Related Agencies:
Commission on Civil Rights
Salaries and Expenses................ 1995 9,500 8,904 9,193
International Trade Commission
Salaries and Expenses................ 2004 57,240 58,295 83,000
Legal Services Corporation
Payment to the Legal Services 1980 205,000 300,000 328,000
Corporation.........................
Marine Mammal Commission
Salaries and Expenses................ 1999 1,750 1,240 3,025
Office of the U.S. Trade Representative
Salaries and Expenses................ 2004 33,108 41,552 51,251
State Justice Institute
Salaries and Expenses................ 2008 7,000 3,760 5,121
----------------------------------------------------------------------------------------------------------------
\a\ The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102-567) provides
authorizations for general categories of activities, rather than specific programs. Since a program may cut
across several authorizations, it is impossible to determine the exact amount of unauthorized appropriations.
\b\ Authorization covers multiple lines in the NOAA control table.
\c\ This authorization provides for both procurement and operations activities, but does not provide a breakdown
for each.
\d\ Authorization does not provide amounts for specific accounts within this agency.
\e\ This was formerly the ``General Administration, Detention Trustee'' account.
\f\ The authorization for this program expired in FY2011. Since the government was funded by a full-year
continuing resolution, the Committee did not provide a specific appropriation for this program.
\g\ These programs have been combined into the Consolidated Youth-oriented Program.
\h\ The recommendation includes an overall amount for tribal assistance but does not specify amounts for each
particular program.
\i\ The authorization for this program expired in FY2007. Since the government was funded by a full-year
continuing resolution, the Committee did not provide a specific appropriation for this program.
\j\ Authorization does not provide amounts for specific programs within this account.
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act.
BUDGETARY IMPACT PREPARED IN CONSULATION WITH THE CONGRESSIONAL BUDGET
OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS AMENDED
------------------------------------------------------------------------
302(b) Allocation This Bill\1\
-------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
------------------------------------------------------------------------
Comparison of amounts in the
bill with Committee
allocations to its
subcommittees of amounts in
the First Concurrent
Resolution of 2013:
Subcommittee on Commerce,
Justice, Science
General purpose 51,131 62,953 51,131 62,953
discretionary..........
Mandatory............... 328 358 328 358
------------------------------------------------------------------------
\1\Includes outlays from prior year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year outlay projections
associated with the budget authority provided in the
accompanying bill, as provided to the Committee by the
Congressional Budget Office:
------------------------------------------------------------------------
------------------------------------------------------------------------
Projection of outlays associated with the recommendation:
2013................................................... \1\38,155
2014................................................... 13,882
2015................................................... 3,491
2016................................................... 1,557
2017 and future years.................................. 3,073
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
Assistance to State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments:
[In millions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority........................................... -6,281
Outlays.................................................... \1\-186
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
Constitutional Authority
Pursuant to section 6(e) of the rules of the Committee on
Appropriations, the following statement is submitted regarding
the specific powers granted to Congress in the Constitution to
enact the accompanying bill:
The principal constitutional authority for this legislation
is clause 7 of section 9 of article I of the Constitution of
the United States (the appropriation power), which states: ``No
Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law . . .'' In addition, clause 1 of
section 8 of article I of the Constitution (the spending power)
provides: ``The Congress shall have the Power . . . to pay the
Debts and provide for the common Defense and general welfare of
the United States. . .'' Together, these specific
constitutional provisions establish the congressional power of
the purse, granting Congress the authority to appropriate
funds, to determine their purpose, amount, and period of
availability and to set forth terms and conditions governing
their use.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with fiscal year 2012 enacted amounts and budget estimates
presented for fiscal year 2013:
MINORITY VIEWS
We want to begin by thanking Chairman Wolf for being a
model chairman for this Subcommittee. He is a professional, he
is principled, and he has once again involved us at every
appropriate level of deliberation. We appreciate the Chairman's
adherence to regular order in drafting the bill and throughout
the committee process.
The fiscal year (FY) 2013 bill approved by the Committee
provides net budget authority of $51.1 billion, a cut of $1.6
billion (3.1 percent) below FY 2012, when excluding FY 2012
emergency funding, and $731 million (1.4 percent) below the
Administration's request.
DEPARTMENT OF COMMERCE
For the Department of Commerce, the bill provides a total
of $7.7 billion, an increase of $95.6 million above the FY 2011
enacted level and $280.4 million below the Administration's
request.
The International Trade Administration (ITA) is funded at
$458.3 million, an increase of $2.7 million above FY 12 but a
cut of $58.7 million below the request, preventing ITA from
funding, among other things, the vast majority of the
additional Foreign Commercial Service Officers and locally
engaged staff it had hoped to post in high-growth overseas
markets in FY 2013. These staff help create jobs here at home
by helping American businesses increase their exports. We
should provide additional resources for ITA's efforts, which
are important for our economy.
We are pleased that the bill provides up to $5 million to
the Economic Development Administration (EDA) for a new
program, first funded in last year's bill, to provide loan
guarantees to small and medium-sized businesses to help develop
innovative new products and new technologies. The bill also
provides $5 million to continue a grant program to relocate
jobs back to the United States that had previously been placed
outside the United States. Funding is also maintained for the
Trade Adjustment Assistance for Firms program. However, it is
troubling that the bill cuts EDA programs overall by $38
million (17 percent) below FY 2012. This is an unwise cut, in
our judgment, particularly at a time when unemployment remains
high. EDA program grants have proven to be of great help in
creating jobs in many of the most distressed communities across
the country.
We will need to find more funding for the Census Bureau,
which is cut by $91.7 million (9.5 percent) below the request.
The largest part of this cut comes from the Bureau's 2020
Census research, preparation, and testing activities, which are
cut by $51.6 million (39.3 percent) below the request. The 2020
Census is still several years away, but the effort to control
its ultimate cost must begin immediately. As The Census
Project, an informal network of census stakeholder
organizations, has written, ``To save potentially billions of
dollars in future years, as Congress has directed, the Census
Bureau must invest resources early in the decade to ensure
cost-effective, successful implementation of census
operations.'' In particular, the Bureau needs to expand its
research and testing infrastructure to effectively test new
enumeration methods, new processes to support field operations,
more cost-effective information technology (IT) systems, and
other efforts aimed at saving billions of dollars later in the
decade. It is unwise to cut back on these efforts, as this will
lead to far greater costs in the long term.
The bill makes significant and laudable investments in the
National Institute of Standards and Technology, providing a
total of $830.2 million, including $621.2 million for
scientific and technical research and services, an increase of
$54.2 million above FY 2012 though $26.8 million below the
request. $128 million is provided for the Manufacturing
Extension Partnership program, including $2.5 million to
continue the work of the National Innovation Marketplace, to
help expand our manufacturing base by connecting manufacturers,
parts suppliers, purchasers and others. We are also pleased
that the bill provides $21 million, as requested by the
President, for a new Advanced Manufacturing Technology
Consortia program, which will expand research and development
in support of manufacturing. All of these programs are
important investments in American innovation, competitiveness,
and future job growth.
Within the National Oceanic and Atmospheric Administration
(NOAA), we are concerned that some important NOAA programs have
been cut, in part to pay for necessary new weather satellites.
We strongly support the development and deployment of these
satellites, along with the funding necessary to accomplish this
work. At the same time, however, we feel it is important to
find a way to pay for them without making such drastic
reductions in other important NOAA programs. We are
appreciative of the NOAA programs that have been protected in
the committee mark. For example, the bill provides $65 million
for the Pacific Coastal Salmon Recovery Fund, as well as an
increase for the Mitchell Act program so that the hatcheries
along the Columbia River system can be reformed to better
operate toward the goal of recovery under the Endangered
Species Act. Funding is continued for integrated ocean
acidification research. In addition, the committee mark wisely
rejects the Administration's proposed cuts in National Weather
Service IT personnel, air quality forecasting, tsunami warning
capability, and wind profile measurements.
However, it is clear that we need to invest more,
especially in the NOAA Operations, Research, and Facilities
account, which overall is cut by $54 million (1.8 percent),
below 2012, and by $74 million (2.4 percent) below the request.
The committee mark cuts funding for an array of programs across
NOAA. In particular, the National Ocean Service is cut by $32.1
million (7 percent) below FY 2012 and by $48.2 million (10.1
percent) below FY 2011. The National Marine Fisheries Service
overall is cut by $29.3 million (3.6 percent) below FY 2012 and
by $69.8 million (8.3 percent) below FY 2011. NOAA Education is
cut by $7.5 million (30 percent) below FY 12. These cuts will
have significant consequences across a wide array of NOAA's
important efforts aimed at strengthening our environment,
economy, and public safety.
DEPARTMENT OF JUSTICE
For the Department of Justice (DOA the bill provides $27.42
billion, an increase of $11 million above the FY 2012 level,
but $44.3 million below the request. When including the request
by the Department to transfer $365 million in mandatory Crime
Victims Fund receipts to a number of discretionary grant
programs, the bill provides a total of $409.3 million less than
proposed by the Department.
The bill provides funding at or near the requested level
for the Department of Justice law enforcement agencies,
including an increase above the request for the FBI to augment
key capabilities related to cyber investigations, surveillance,
and gang enforcement. Earlier this year, FBI Director Mueller
warned that cyber attacks are becoming one of the biggest
threats to America's safety, possibly surpassing the threat
level posed by terrorism. We believe that the Director is
absolutely correct, and we are pleased that the Chairman has
provided $23 million above the request for this priority. This
additional funding is desperately needed in order to protect
our nation, and we thank Chairman Wolf for his leadership in
this area.
Funding for the U.S. Marshals Service and the Drug
Enforcement Administration is provided above the FY 2012 level,
although below the requested amounts. This reduction below the
request is mitigated, however, by the fact that the bill does
not impose rescissions of prior year balances proposed by the
Department of Justice.
Unfortunately, the bill provides no cost-of-living
increases for the litigation divisions of the Department of
Justice. The litigation offices, as a whole, received no
funding increases in FY 2011 or FY 2012, and the funding level
in the bill is $11.7 million less than the FY 2010 level and
$40.2 million below the request.
Without annual funding increases to cover inflationary
costs, the litigation divisions are able to do less each year.
The Civil Division returns $7 to the Treasury for every $1 we
appropriate, by defeating unmeritorious claims against the
United States and through recovering monies lost through fraud,
waste, and violations of consumer protection laws.
Under the House funding level, the Environment and Natural
Resources Division (ENRD) could lose 12 attorney positions, and
reduced resources could impact the ability of ENRD to
vigorously pursue litigation against parties potentially
responsible for the Deepwater Horizon oil spill.
The Tax Division could lose up to 56 attorneys (14
percent), requiring the Division to decline approximately 2,000
cases and preventing the Division from pursuing affirmative
litigation involving collections and bankruptcy cases. On
average over the last three fiscal years, the Tax Division has
annually collected $335 million in outstanding taxes, interest,
and penalties through affirmative litigation.
After a significant effort in FY 2010 to restore its base
enforcement capacity, the Civil Rights Division has been hit
particularly hard over the past few years, losing all of the
ground it gained in FY 2010 to restore its capacity to protect
civil rights and voting rights, enforce laws against hate
crimes and human trafficking, and engage in other efforts to
protect vulnerable individuals. Flat funding for the litigation
offices in FY 2013 would cause the Civil Rights Division to
fall even further behind.
The bill also fails to provide the proposed program
increases for financial and mortgage fraud enforcement by the
litigation divisions. It provides only a portion of the
increase proposed for the FBI for financial and mortgage fraud
enforcement, and potentially makes available only a small
portion of the funds proposed for the U.S. Attorneys for this
purpose. We were pleased to hear Chairman Wolf state, during
Committee consideration of the bill, that he is open to
considering additional funding for financial and mortgage fraud
enforcement at the FBI as we move further through the process.
We believe the final allocation available to the subcommittee
will be at or near the Senate level, and we hope the majority
will also work with us to provide the requested financial and
mortgage fraud enforcement funding for the litigation divisions
and the U.S. Attorneys in the final bill.
The bill provides $6.82 billion for the salaries and
expenses of the Federal Bureau of Prisons (BOP), an increase of
$268.9 million, as requested. Because the request assumed the
enactment of legislation to increase ``good time'' credit that
inmates can earn, however, we may need to consider additional
funding for BOP as we continue through the process to ensure
that it has sufficient resources to maintain a safe and secure
environment for Federal inmates during FY 2013.
The cost of BOP operations has grown 41.2 percent since FY
2006, and now represents 25 percent of DOJ's entire budget. The
BOP inmate population is 38 percent above the rated capacity of
BOP facilities, and BOP plans to build several additional
prisons by 2018 to keep up with its inmate population growth.
We would need to appropriate billions of additional dollars in
the next few years, however, to keep that construction schedule
on track.
While it was probably unrealistic of DOJ to assume the
enactment of ``good time'' credit legislation in the
development of its budget request, there is no doubt that we
are in desperate need of reforms in our criminal justice
system, similar to the ``Justice Reinvestment'' efforts that
many states have successfully carried out, including Texas,
Kansas, Michigan and many others. The House must be a full and
engaged partner in this effort. Otherwise, we will continue to
experience annual growth in our Federal inmate population and
continued growth in the cost of incarcerating those inmates.
The bill provides a small increase for Office on Violence
Against Women grant programs, as well as a small increase for
Crime Victims Fund programs. Many important grant programs are
protected through level funding or healthy increases, including
the Byrne-JAG formula grant program, the Victims of Trafficking
program, the Youth Mentoring program, and the National Instant
Background Check System grant program.
However, State and Local grant programs at DOJ overall are
cut by $378 million, or 17 percent, compared to FY 2012, even
as state and local budgets continue to recover from historic
losses in revenue. This represents a 50 percent cut to the
grant programs just since FY 2010, and more than a 60 percent
cut in these programs since FY 2001.
Several important grant programs are eliminated entirely,
including cutting edge, evidence-based programs like the Byrne
Criminal Justice Innovation Program, the Children Exposed to
Violence Initiative, the Community-Based Violence Prevention
program, and the State and Local Help Desk and Diagnostic
Center. Juvenile Justice programs overall are hit particularly
hard, including the elimination of the Juvenile Accountability
Block Grant program and the Local Delinquency Prevention
Incentive Grant program. The COPS Hiring program is funded at
only $40 million, a cut of $126 million (76 percent) from the
FY 2012 level. The final FY 2013 CJS Act must invest more in
these State and 1061 grant programs.
SCIENCE
The Committee bill provides $24.9 billion for Title III
science agencies, an increase of $74.6 million above FY 2012,
but $178.2 million below the request.
The bill fully funds the Office of Science and Technology
Policy, which plays a critical oversight and coordination
function for science and technology activities across the
executive branch, including a new initiative begun at the
request of this subcommittee to better coordinate and
strengthen neuroscience research. We are at the cusp of
significant breakthroughs related to the treatment of brain
injuries, cognitive developmental disorders, and
neurodegenerative diseases like Parkinson's and Alzheimer's
that will have tremendous implications for the mental health of
the American people and the cost of healthcare. The National
Science and Technology Council, which is coordinated through
OSTP, is in the process of establishing a Neuroscience Working
Group that we hope will lead to larger investments and better
interagency coordination related to neuroscience research and
technologies.
The bill provides a total of $17.6 billion for the National
Aeronautics and Space Administration (NASA), $137.6 million
below the request, and $226.2 million below FY 2012. However,
the bill provides strong funding levels for many important NASA
programs.
We are pleased that the James Webb Space Telescope is
funded at the President's request of $628 million. This
telescope, scheduled to be launched in 2018, will be 100 times
more powerful than the Hubble Space Telescope, and will greatly
advance our scientific understanding of the universe, allowing
us to see images of the first glows (or glimmers of light)
after the Big Bang.
NASA Space Technology is funded at $632.5 million, an
increase of $57.5 million above FY 2012 though $66.5 million
below the request. The activities funded in this account are
critically important to the future of space travel, and will
enable us to solve the technological challenges associated with
traveling into deep space.
NASA Commercial Crew Development is funded at $500 million,
an increase of $94 million above FY 2012 though $330 million
below the request. A strong funding level for this program is
important to ensure that American-built and operated spacecraft
will be able to transport astronauts to the International Space
Station as soon as possible. Until then, the United States will
need to pay Russia at least $63 million per seat for the use of
Soyuz spacecraft for this purpose. We strongly believe that it
is important to ensure competition among multiple American
companies for these transportation services, which will help
ensure safe designs, affordability and sustainability.
In the area of NASA Education, we are pleased that the
committee mark maintains funding for the Minority University
Research and Education program at the current level of $30
million. However, we are disappointed that NASA Education
overall is cut by $38 million (28 percent) below the current
level, including a 40 percent cut to the Space Grant program
and a 51 percent cut to the Experimental Program to Stimulate
Competitive Research (EPSCOR) program. NASA's education efforts
help inspire students to pursue future careers in science,
technology, engineering, and mathematics.
The bill provides a healthy increase of $299.4 million (4.3
percent) for the National Science Foundation, although still
$41 million below the request. We should keep in mind, however,
that the Rising Above the Gathering Storm report prescribed a
doubling of NSF funding that would have required a 44 percent
higher funding level for NSF Research and Related Activities in
FY 2013 than the bill actually provides and 50 percent more
funding for NSF overall. Chairman Wolf is to be commended for
making NSF funding a priority in the bill, but we believe we
should be making much more of an investment in NSF than the
allocation allows.
RELATED AGENCIES
Title IV of the Committee bill provides $846.2 million for
the related agencies under the jurisdiction of the CJS
Subcommittee, a cut of $10.4 million below the FY 2012 level
and $83 million below the amounts requested.
Like last year, the Legal Services Corporation takes a
disproportionate hit to its funding, with a cut of $20 million,
or nearly 6 percent, when it should be getting an increase.
This cut would come on top of the $56 million cut to LSC in FY
2012. With some 60 million impoverished Americans eligible for
legal aid services, the recession has drastically increased the
need for legal aid for those who cannot afford it.
At the funding level in the House Committee bill, local
legal services programs would be forced to lay off of at least
110 staff attorneys, approximately 24 offices would be forced
to close, primarily in rural areas, and access to an attorney
would be significantly reduced for Americans living outside of
major cities. Overall, an estimated 55,000 fewer impoverished
Americans would be served nationwide, and 22,000 fewer cases
would be closed. This includes returning veterans seeking
benefits, elderly victims of foreclosure, and women seeking
safety for themselves and their children from domestic
violence. There would be a disproportionately large impact on
those programs that currently rely most heavily on LSC grants,
including those in Alabama, Mississippi, South Dakota, Wyoming,
Connecticut, Massachusetts and Nevada.
This additional cut would come at a time when the still-
recovering economy has translated into declining funding from
non-LSC sources, reduced by $12 million in the last year alone.
LSC, and the legal aid programs it supports, helps to ensure
that access to justice is not limited to only those who can
afford an attorney. Both the President and the Senate Committee
recognize the need for additional funding by recommending $402
million for the LSC. We are hopeful that we can reach an
agreement at the end of this process that allows for this level
of funding.
The bill provides $366.6 million for the Equal Employment
Opportunity Commission (EEOC), an increase of $6.7 million
above the FY 2012 level but $7.1 million below the amount
requested.
ALLOCATION
It is unfortunate that the process has been unable, so far,
to overcome the limitations imposed by the Ryan budget. We are
extremely disappointed that House Republicans walked away from
the bipartisan agreement to establish $1.047 trillion as the
Committee's allocation. A majority of their conference voted
for the Budget Control Act agreement less than nine months ago.
By reneging on the agreement, House Republicans put themselves
at odds with House Democrats, the White House, Senate
Democrats, and Senate Republicans. Senate Minority Leader
McConnell recently voted for allocations at $1.047 and Ranking
Member Cochran stated that it's appropriate ``for the Committee
to proceed on the basis of the discretionary caps enacted into
law.'' House Republicans have introduced uncertainty about the
discretionary allocation, and about whether the House majority
will threaten to shut down the government. This uncertainty
will slow down the appropriations process, and the austere
House allocation, if it stands, will stall economic growth and
impede job creation.
While the level of funding in the FY 2013 Commerce,
Justice, Science and Related Agencies (CJS) Appropriations bill
may not be as low as a strict proportional reduction based on
the Ryan budget, and it is certainly better than what the
subcommittee had to work with at the beginning of the FY 2012
process, it is nevertheless inadequate to meet the needs of
many programs and activities in the bill.
In comparison, the allocation for the Senate CJS bill is
$731 million higher than the House allocation. It is no
coincidence, then, that the Senate Appropriations Committee
approved its CJS bill on April 19, 2012, with significant
bipartisan support. The House bill, on the other hand, contains
funding levels in several areas that are difficult for
Democrats to support.
COMMITTEE AMENDMENTS
Although the Chairman's mark was free of any new
controversial riders, three amendments were adopted during
Committee consideration of the bill that we find troubling.
First, the Committee adopted an amendment that would prevent
the enforcement of an existing requirement that Federal
firearms licensees (FFLs) in four southwest Border States
report to the National Tracing Center on the sale of certain
kinds of rifles favored by the Mexican drug cartels. This
reporting requirement is narrow and targeted, applying only to
the four border states (Texas, Arizona, New Mexico and
California), and only when a dealer sells two or more
qualifying long guns to a single individual within five
business days. Qualifying guns are rifles that (1) are semi-
automatic; (2) are greater than .22 caliber; and (3) can hold a
detachable magazine. It does not apply to shotguns or the vast
majority of rifles regularly used for hunting or sporting
purposes.
This reporting requirement is identical to one that has
existed for decades for handguns, and in no way does it hinder
the ability of any law-abiding person to purchase as many
rifles as they desire. It is not an undue burden on FFLs, with
the time to complete a multiple sales form estimated at 12
minutes and an estimated annual cost in employee time of only
$16.
During the first six months it has been in effect, this
very limited reporting requirement has already proven to be an
important tool for Federal law enforcement in the effort to
uncover illegal trafficking operations intended to supply semi-
automatic weapons to the violent drug gangs across the border.
According to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF), these multiple sales reports have led to the
recommendation of 100 defendants for prosecution, including
both alleged straw purchasers and others further up the
firearms trafficking chain. Also according to ATF, the
reporting requirement is forcing firearms traffickers to change
tactics, making straw purchases more difficult and serving as a
deterrent for many people who might have engaged in straw
purchasing in the past.
This is not about gun control or compiling a registry of
long gun owners. Information that does not become part of a
trafficking investigation is purged from ATF records within two
years. This is a law enforcement response to the evidence from
successful tracings of weapons recovered in Mexico. Recent
tracings show that a large number of these weapons were first
sold by licensed gun dealers in California, Arizona, New
Mexico, or Texas.
A U.S. District Judge ruled in January that this reporting
requirement is a reasonable law enforcement tactic. Given that
an appeal of that decision is likely, we should let the courts
resolve the legal question. This Committee simply has no
business in tying the hands of law enforcement agencies as they
attempt to carry out Federal law.
A second amendment was adopted that would prohibit the use
of funds to implement, administer, or enforce final regulations
on ``Disparate Impact and Reasonable Factors Other Than Age
Under the Age Discrimination in Employment Act,'' published by
the Equal Employment Opportunity Commission (EEOC) in the
federal Register on March 30, 2012. The EEOC regulation this
amendment would negate is a response to a Supreme Court ruling
against an earlier, stricter EEOC standard. The regulation
requires that business be prepared to show that their practices
are based on a reasonable factor other than age, which means
that they are reasonably designed and administered to achieve a
legitimate business purpose, while taking into account
potential harm to older workers.
A third adopted amendment would prohibit the use of funds
to implement an existing regulatory requirement for public
entities, places of public accommodation, and commercial
facilities to provide a permanent means of accessible entry to
pools and spas under titles II and III of the Americans with
Disabilities Act, even when it is readily achievable to do so.
Disagreements about the appropriateness of agency
regulations are natural and understandable. It is problematic,
however, when the appropriations process is used to
categorically circumvent the statute-based agency rulemaking
process.
We want to reiterate our appreciation for the Subcommittee
Chairman's adherence to regular order in drafting the bill and
taking it through the full Committee. We look forward to
continuing to work cooperatively with him and our Committee
colleagues to improve the CJS bill as we continue through the
appropriations process.
Norm Dicks.
Chaka Fattah.