[Senate Report 112-158]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 360
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-158

======================================================================



 
DEPARTMENTS OF COMMERCE AND JUSTICE, AND SCIENCE, AND RELATED AGENCIES 
                       APPROPRIATIONS BILL, 2013

                                _______
                                

                 April 19, 2012.--Ordered to be printed

                                _______
                                

          Ms. Mikulski, from the Committee on Appropriations, 
                        submitted the following

                                 REPORT

                         [To accompany S. 2323]

    The Committee on Appropriations reports the bill (S. 2323) 
making appropriations for the Departments of Commerce and 
Justice, science, and related agencies for the fiscal year 
ending September 30, 2013, and for other purposes, reports 
favorably thereon and recommends that the bill do pass.



Total obligational authority, fiscal year 2013

Total of bill as reported to the Senate...............\1\$60,718,863,000
Amount of 2012 appropriations...........................  60,003,742,000
Amount of 2013 budget estimate..........................  60,423,622,000
Bill as recommended to Senate compared to--
    2012 appropriations.................................    +715,121,000
    2013 budget estimate................................    +295,241,000

\1\This level does not include -$8,528,593,000 in adjustments that the 
Congressional Budget Office (CBO) scores to the bill. With these 
scorekeeping adjustments, the bill totals $51,862,000,000 in 
discretionary budget authority, an amount that is $1,082,000,000 below 
the fiscal year 2012 enacted level.


                                CONTENTS

                              ----------                              
                                                                   Page

Purpose of the Bill..............................................     3
Summary of the Bill..............................................     3
Fighting Waste, Fraud, and Abuse.................................     4
Reprogrammings, Reorganizations, and Relocations.................     6
Congressional Budget Justifications..............................     7
Reductions-in-Force..............................................     8
Appropriations Liaisons..........................................     8
Title I: Department of Commerce..................................     9
Title II: Department of Justice..................................    42
Title III: Science...............................................    85
    Office of Science and Technology Policy......................    85
    National Aeronautics and Space Administration................    86
    National Science Foundation..................................   104
Title IV: Related Agencies.......................................   113
    Commission on Civil Rights...................................   113
    Equal Employment Opportunity Commission......................   113
    International Trade Commission...............................   115
    Legal Services Corporation...................................   115
    Marine Mammal Commission.....................................   117
    Office of the United States Trade Representative.............   117
    State Justice Institute......................................   117
Title V: General Provisions......................................   119
Compliance With Paragraph 7, Rule XVI of the Standing Rules of 
  the 
  Senate.........................................................   122
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of 
  the Senate.....................................................   125
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of 
  the Senate.....................................................   126
Budgetary Impact of Bill.........................................   128
Comparative Statement of Budget Authority........................   129

                          Purpose of the Bill

    The bill provides funding for: (1) the Department of 
Commerce and its bureaus, and administrations: the 
International Trade Administration [ITA], the Bureau of 
Industry and Security [BIS], the Economic Development 
Administration [EDA], the Minority Business Development Agency 
[MBDA], the Economics and Statistics Administration [ESA], the 
Bureau of the Census, the National Telecommunications and 
Information Administration [NTIA], the U.S. Patent and 
Trademark Office [USPTO], the National Institute of Standards 
and Technology [NIST], and the National Oceanic and Atmospheric 
Administration [NOAA]; (2) the Department of Justice; (3) 
several independent science agencies: the Office of Science and 
Technology Policy [OSTP], the National Aeronautics and Space 
Administration [NASA], and the National Science Foundation 
[NSF]; and (4) several related commissions and agencies: the 
Commission on Civil Rights, the Equal Employment Opportunity 
Commission [EEOC], the International Trade Commission [ITC], 
the Legal Services Corporation [LSC], the Marine Mammal 
Commission, the U.S. Trade Representative [USTR], and the State 
Justice Institute [SJI].

                          Summary of the Bill

    For fiscal year 2013, the Committee recommends total 
discretionary appropriations of $51,862,000,000, for the 
Departments of Commerce and Justice, Science, and Related 
Agencies. This amount is $1,094,561,000 below the fiscal year 
2012 level\1\ and equal to the President's fiscal year 2013 
budget request.
---------------------------------------------------------------------------
    \1\The fiscal year 2012 enacted level for the bill included 
$200,000,000 in disaster relief funding.
---------------------------------------------------------------------------
    The bill continues the Committee's longstanding commitment 
to funding activities that save lives, keep America safe from 
terrorism and violent crime, and promote scientific research 
and technology development to foster job creation.
    In the area of investments that save lives, the Committee's 
recommendations include funding for State and local law 
enforcement to fight crime and violence in America's 
neighborhoods. The bill provides funding for programs and 
activities that assist State and local law enforcement in 
preventing and prosecuting crime. Regrettably, Federal funding 
for State and local law enforcement has been reduced by 43 
percent over the last 3 years due to budgetary constraints, 
shifting a greater share of the cost of fighting crime onto 
State and local communities. Maintaining core programs that 
provide value to America's communities and taxpayers is among 
the Committee's highest priorities.
    The Committee's recommendations also provide resources for: 
Federal law enforcement agencies--the Federal Bureau of 
Investigation, the Drug Enforcement Administration, the U.S. 
Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives, to investigate and capture criminals; the legal 
system to prosecute criminals; and the Federal Prison System to 
confine them. These agencies keep 330 million Americans safe 
from terrorism and violent crime, illegal drugs, sexual 
predators, and the fraud that can devastate the vulnerable and 
entire communities. It is a time of fiscal frugality, and the 
Committee has prioritized funding to ensure these agencies have 
the staff, equipment, and facilities necessary to catch, 
prosecute, and confine criminals. The Committee also insists 
that these agencies reduce unnecessary expenditures and use 
taxpayer funds wisely.
    The National Weather Service saves lives and protects 
property by providing timely and accurate warnings about severe 
weather so that Americans can secure their property and get out 
of harm's way before dangerous storms strike. The Committee's 
recommendations prioritize resources to ensure that the Weather 
Service has the staff and technology needed to provide timely 
and accurate warnings.
    The Committee's recommendations also focus on promoting 
scientific research and technology development to foster job 
creation in the private sector. The bill provides funding for 
basic research through the National Science Foundation to 
develop new ideas that will lead to new products and new jobs 
of the future. Funding for the National Institute of Standards 
and Technology will enable the development of standards for 
those new products and will help their manufacturers become 
more competitive. The bill also funds the U.S. Patent and 
Trademark Office, which protects those ideas and technologies, 
and the International Trade Administration, which helps 
American businesses sell those products to customers abroad. At 
the National Aeronautics and Space Administration, the 
Committee invests in scientific research and technology 
development to enable America to be the world's leader in 
aeronautics, space science, and exploration, while inspiring 
our next generation of scientists and engineers and developing 
new industries and jobs.

                    Fighting Waste, Fraud, and Abuse

    The departments, agencies, boards, and commissions funded 
in this bill can and should continue to reduce operating 
expenses by placing greater scrutiny on overhead costs. Savings 
can and should be achieved by reducing non-essential travel, 
office supply, rent, and utility costs. The Committee directs 
each department, agency, board, and commission funded in this 
bill to develop a plan to reduce such costs by at least 10 
percent in fiscal year 2013. Plans to achieve these savings in 
fiscal year 2013 should be submitted to the Committee no later 
than 30 days after enactment of this act.
    The Committee has also reduced official reception and 
representation funds. Modest representation funds are provided 
for agency executives to provide necessary courtesies to our 
diplomatic partners and out of respect for fallen officers, or 
to mark historic occasions such as space exploration missions 
or stunning discoveries. However, savings can and should be 
achieved by reducing the costs of executive meetings, 
receptions, ceremonies, and conferences, and purchasing fewer 
promotional items such as t-shirts, hats, mugs, key chains, and 
other similar items.
    The Committee is extremely concerned about the persistent 
pattern of cost overruns and schedule slippages on major 
projects and missions carried out by the agencies within this 
bill. In addition, reports have exposed a culture within many 
agencies that exhibits a lack of accountability and oversight 
of grant funding.
    Therefore, the Committee has continued three bill-wide 
provisions to ensure greater oversight and fiscal 
responsibility of taxpayer dollars.
    First, the bill requires each agency to notify the 
Committee immediately upon identification of program cost 
overruns greater than 10 percent.
    Second, the bill requires the Inspectors General of the 
Departments of Commerce and Justice, NASA, NSF and the Legal 
Services Corporation to conduct reviews of grant and contract 
funds to ensure funds are being spent appropriately.
    Third, the bill requires each department, agency, board, 
and commission funded in this act to report spending on large 
conferences, with costs in excess of $20,000 each, to the 
inspectors general for audit.
    Finally, the Committee intends to continue to work with the 
Government Accountability Office [GAO] to review selected 
large-scale acquisition and construction projects. 
Specifically, the Committee requests that GAO develop a plan 
for ongoing reviews of such projects, with reports to the 
Committee on a biannual basis. Agencies shall provide access to 
all necessary data, as determined by GAO, in order for the 
reviews to be completed and provided in a timely manner to the 
Committee. The Committee believes that these project status 
reports are valuable in identifying cost overrun and schedule 
slippage problems early, so they can be addressed immediately.
    Travel Contractors.--The Committee is concerned about the 
excessive costs incurred upon agencies by Federal travel 
contractors, in particular, costs related to air fares. These 
contractors charge Federal agencies hundreds of dollars more 
per ticket, along with a service fee, than can be purchased on-
line or directly through the air carrier. The Committee 
commends the Drug Enforcement Administration [DEA], which has 
aggressively pursued savings in this area. The DEA mandates 
that employees purchase the lowest available fare for all their 
travel and to use on-line booking in all but a few situations. 
Booking air travel on-line saves DEA $25.00 every time a 
reservation is purchased. By purchasing the lowest fare, DEA 
has saved more than $2,100,000 in just the first 6 months of 
fiscal year 2012 alone. DEA holds its employees accountable by 
making them personally liable for any costs incurred from not 
complying with these policies. In order to spend frugally 
agency travel dollars, the Committee encourages all Federal 
agencies funded within this act to implement similar policies 
to the maximum extent possible and follow this example. 
Further, the Committee directs the Inspectors General of all 
agencies funded within this act to examine these travel 
contractor costs to identify excessive expenditures and 
identify areas of savings, and to make this report publicly 
available no later than 180 days of enactment of this act.

            Reprogrammings, Reorganizations, and Relocations

    Section 505 contained in the ``General Provisions'' of 
title V provides procedures for the reprogramming of funds. To 
reprogram is to change the use of funds from the specific 
purposes provided for in the act and the accompanying report 
or, in the absence of direction from the Committee, from the 
specific purposes provided for in the administration's budget 
request. Each title of the bill has also traditionally included 
separate provisions that define permissible transfers of 
resources between appropriation accounts. These transfer 
authority provisions are also pursuant to section 505, and were 
initiated in the early 1990s to provide additional flexibility 
to the agencies under the subcommittee's jurisdiction.
    The Committee expects each department and agency to closely 
follow the reprogramming procedures listed in section 505, 
which are the same as provisions that applied in statute during 
fiscal year 2012. These procedures apply to funds provided 
under this act, or provided under previous appropriations acts 
that remain available for obligation or expenditure in fiscal 
year 2013, or provided from any accounts in the Treasury 
available to the agencies funded by this act. Section 505 
requires that the Committee on Appropriations be notified by 
letter, at least 15 days prior to reprogramming of funds, 
whether permanent or temporary, in excess of $500,000 or 10 
percent, whichever is less, between programs, projects or 
activities. This provision is also applicable in cases where 
several activities are involved with each receiving less than 
$500,000. In addition, the Committee is to be notified of 
reprogramming actions which are less than these amounts if such 
actions would have the effect of: committing the agency to 
significant funding requirements in future years; increasing 
funds or personnel by any means for any project or activity for 
which funds have been previously denied or restricted by 
Congress; creating new programs, offices, agencies or 
commissions or substantially augmenting existing programs, 
offices, agencies or commissions; relocating offices or 
employees; or reorganizing offices, programs, or activities.
    The Committee also expects that any items that are subject 
to interpretation will be reported. The Committee is concerned 
that, in some instances, the departments or agencies funded 
within this appropriations act are not adhering to the 
Committee's reprogramming guidelines that are clearly set forth 
in this report and in section 505 of the accompanying bill. The 
Committee expects that each department and agency funded in the 
bill will follow these notification policies precisely and will 
not reallocate resources or reorganize activities prior to 
submitting the required notifications to the Committee.
    The reprogramming process is based on comity between the 
Appropriations Committee and the executive branch. The 
Commerce, Justice, science, and related agencies appropriations 
bill provides specific program guidance throughout this report 
and tables accompanying the bill. The process is intended to 
provide flexibility to meet changing circumstances and 
emergency requirements of agencies, if there is agreement 
between the executive branch and the Congress that such a 
change is warranted. Reprogramming procedures provide a means 
to agree on adjustments, if necessary, during a fiscal year, 
and to ensure that the Committee is kept apprised of instances 
where nonappropriated resources are used to meet program 
requirements, such as fee collections and unobligated balances 
that were not considered in the development of the 
appropriations legislation.
    In the absence of comity and respect for the prerogatives 
of the Appropriations Committees and Congress in general, the 
Committee will have no choice but to include specific program 
limitations and details legislatively. Under these 
circumstances, programs, projects, and activities become 
absolutes and the executive branch shall lose the ability to 
propose changes in the use of appropriated funds through the 
reprogramming process between programs, projects, and 
activities without seeking some form of legislative action.
    The Committee expects the executive branch departments to 
manage its programs, projects and activities within the levels 
appropriated. Reprogramming or transfer requests shall be 
submitted only in the case of an unforeseen emergency or 
situation that could not have been anticipated when formulating 
the budget request for the current fiscal year.

                  Congressional Budget Justifications

    The Committee directs that all departments and agencies 
funded within this bill shall submit all of their fiscal year 
2014 budget justifications concurrently with the official 
submission of the administration's budget to Congress. Further, 
all departments and agencies with classified programs funded 
within this act are directed to submit their classified budget 
justification documents to the Committee, through appropriate 
means, at the same time the unclassified budget justifications 
are transmitted.
    These justifications shall include a sufficient level of 
detailed data, exhibits and explanatory statements to support 
the appropriations requests, including tables that outline each 
agency's programs, projects, and activities for fiscal years 
2013 and 2014. The Committee directs the chief financial 
officer of each department or agency funded in this act's 
jurisdiction to ensure that adequate justification is given to 
each increase, decrease, staffing and function change proposed 
in the fiscal year 2014 budget, particularly within the 
departmental operations and management accounts.
    The Committee is concerned that many of the budget 
submissions are inadequate and necessitate multiple requests 
for additional information. This process is inefficient and 
unnecessarily delays access to information that is fundamental 
to the work of the Committee. The Committee expects that the 
fiscal year 2014 submissions will include sufficient detail to 
justify all programs, projects, and activities contained in 
each department, agency, or commission budget request. Budget 
justifications are prepared not for the use of the agencies but 
are the primary tool of the Committee to evaluate the resource 
requirements and proposals requested by the administration.

                          Reductions-in-Force

    The Committee directs departments or agencies funded in the 
accompanying bill that are planning to conduct a reduction-in-
force [RIF] to notify the Committee in writing 30 days in 
advance of the date of the proposed personnel action.

                        Appropriations Liaisons

    The Committee prefers to channel the majority of its 
inquiries and requests for information and assistance through 
the budget offices or comptroller offices of the departments 
and agencies which it oversees, but reserves the right to call 
upon any individual or organization in any agency under its 
jurisdiction.

                                TITLE I

                         DEPARTMENT OF COMMERCE

    The Committee recommends a total of $6,287,857,000 for the 
Department of Commerce [DOC]. The recommendation is 
$1,519,892,000 below the fiscal year 2012 enacted level and 
$1,695,837,000 below the budget request.
    The Department of Commerce remains a major innovation 
engine for the Nation. Few other departments in the U.S. 
Government have all the elements in one place to keep America 
competitive in this volatile economy. DOC's science and 
research programs strive to find new ways to solve today's 
problems and anticipate tomorrow's challenges. New research 
brings new technology, and DOC develops new standards and 
partners with industry to keep citizens safe and manufacturers 
on the right track. These new technologies and ideas deserve 
protection, and the Department also preserves intellectual 
property for our Nation's creative thinkers--small and big 
businesses alike. Once ready for the global marketplace, DOC 
establishes trade agreements, sending new ideas into the 
marketplace while protecting our workers and helping businesses 
create jobs at home. The Department monitors progress through 
statistical analysis, economic monitoring, and periodic census.
    The Secretary of Commerce is the chief spokesperson for 
American business, but the Secretary is also the chief manager 
in charge of addressing major management challenges at the 
Department. Persistent problems need strong oversight, and 
accountability remains a top concern for the Committee. Major 
issues that have been acted upon by this Committee include: 
planning for the next decennial census; managing procurement of 
new weather satellites; and protecting our intellectual ideas.
    Controlling costs for the 2020 decennial census is a top 
oversight concern for both the Inspector General and the 
Government Accountability Office. Cost overruns became a major 
problem during the 2010 decennial census, and already the 
Committee has received estimates for the 2020 Census ranging 
from $22,000,000,000 to $30,000,000,000, which is more than 
double 2010 Census costs. While this bill provides the Census 
Bureau with adequate funding for all of its operations, the 
Committee continues to provide direction to bring costs down 
because cost overruns and techno-boondoggles will not be 
tolerated in out-years.
    When it comes to protecting intellectual ideas, DOC must 
create ways to protect its own Dot-Gov systems while working 
with the private sector to better protect Dot-Com. The National 
Institute of Standards and Technology [NIST], DOC's outstanding 
science and research agency, helps the private sector find new 
ways to solve today's cybersecurity problems. This bill 
advances cybersecurity activities at NIST to protect online 
consumers and the private sector from cyber attacks.
    However, NIST is not the only agency standing sentry over 
America's intellectual property. The U.S. Patent and Trademark 
Office [USPTO] protects American ideas and inventions, which 
are the heart of economic prosperity and jobs. USPTO has made 
progress in reducing the patent backlog, but more than 657,000 
patents are waiting approval, and it takes the agency 2\1/2\ 
years to grant a patent. This bill fully matches USPTO's fee 
revenue so that the agency can further reduce the backlog to 
protect ideas quicker, and improve its information network to 
ensure those ideas remain secure.
    When it comes to saving lives, the National Oceanic and 
Atmospheric Administration's [NOAA] satellites, ships, and 
planes need to be fit for duty. Operational readiness is 
important to the scientists and forecasters who depend on this 
equipment to do their jobs. Information and forecasts from NOAA 
are vital to our communities--to the coastal States that depend 
on accurate hurricane forecasts and to the interior States that 
depend on timely tornado and severe storm warnings. This bill 
provides sufficient funding to allow NOAA to do its job, even 
rejecting some proposed cuts that could have negatively 
affected important national programs that protect lives and 
livelihoods every day.
    Yet, the Committee remains troubled by NOAA's and DOC's 
plans for procuring the next generation of weather satellites. 
Ballooning acquisition budgets have already begun to jeopardize 
funding for NOAA's core ocean and weather operations. The life 
cycle cost for NOAA's new polar satellites is nearly 
$1,000,000,000 above last year's revised budget projections, 
and shows that despite strong warnings from the Committee, this 
program is going in the wrong direction. This and other 
management and financial actions have led the Committee make 
some major changes to the way the Government procures our 
Nation's weather satellites within this bill.
    The Committee has chosen to transfer funding and 
responsibility for procuring NOAA's operational satellites to 
NASA. This action is a result of the Committee's long term, 
intense frustration with NOAA's inability to control 
procurement costs or articulate reliable funding profiles. The 
Committee acknowledges that while NASA missions have also 
experienced cost overruns and schedule slippages, NASA has been 
infinitely more responsive and competent in correcting these 
deficiencies. The Committee therefore seeks to stop the 
hemorrhaging of taxpayer dollars by instituting a new 
management structure for NOAA's operational satellites.

                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

Appropriations, 2012....................................    $465,000,000
Budget estimate, 2013...................................     526,439,000
Committee recommendation................................     496,439,000

    The Committee's recommendation provides $496,439,000 for 
the International Trade Administration. The recommendation is 
$31,439,000 above the fiscal year 2012 enacted level and 
$30,000,000 below the budget request.
    The Committee recommendations, by function, are displayed 
in the following table:

               INTERNATIONAL TRADE ADMINISTRATION FUNDING
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Manufacturing and Services............................            46,800
Market Access and Compliance..........................            45,500
Import Administration.................................            80,200
Trade Promotion and U.S. Foreign Commercial Services..           299,439
Executive Direction...................................            24,500
                                                       -----------------
      Total Direct Obligations........................           496,439
------------------------------------------------------------------------

    Offsetting Fee Collections.--The Committee's recommendation 
adopts the proposed offsetting fee collections of $9,439,000, 
which the Committee believes is realistic and achievable.
    Manufacturing and Services [MAS].--To ensure that taxpayer 
funds are being used effectively to support small business 
exports, the Committee encourages MAS to follow its policy on 
supporting new export promotion projects and to ensure that the 
program is conducting sufficient outreach to potential new 
applicants.
    Manufacturing.--While generally supportive of the National 
Export Initiative, the Committee notes that the 
administration's request to reduce or eliminate MAS industry 
outreach activities that do not directly relate to the National 
Export Initiative could result in a negative impact to 
manufacturing firms. The Government Accountability Office 
recently found that MAS set an internal goal for 75 percent of 
its resources to support the National Export Initiative. MAS's 
focus only on exports can come at the expense of other support 
services since manufacturers face larger challenges beyond just 
exporting. The Committee directs ITA to maintain a balanced MAS 
support service portfolio.
    Organizational Optimization.--The Committee supports ITA's 
recommendation to optimize the organizational structure and 
consolidate activities in an effort to reduce overhead costs. 
When considering reorganization options, ITA is discouraged 
from consolidating other line offices into Trade Promotion 
which already is the largest branch of ITA.
    Trade Enforcement.--The Committee supports the agency's 
expansion of trade enforcement activities, including the 
creation of the Interagency Trade Enforcement Center [ITEC] in 
partnership with the U.S. Trade Representative, at the 
requested level of $24,200,000. ITA is directed to provide an 
updated funding profile for the ITEC as part of its 2013 spend 
plan.
    China Anti-dumping and Countervailing Duty Activities.--The 
Committee provides no less than $7,000,000 for the Office of 
China Compliance, and no less than $4,400,000 for the China 
Countervailing Duty Group. The Committee directs ITA's Import 
Administration to continue working with Federal partners to 
resolve issues surrounding the collection of delinquent duties 
from China.
    Survey of International Air Travelers.--The Committee does 
not support the administration's request to eliminate funding 
for the collection of travel and tourism data through the In-
Flight Survey given to inbound international passengers. The 
Survey data provides information on passenger trip planning, 
travel patterns, demographics, and spending for two separate 
populations--non-U.S. residents traveling to the United States 
and U.S. residents traveling from the United States. The 
Committee directs the administration to evaluate alternative 
survey formats which will achieve the 1 percent sample size 
required by the Travel Promotion Act of 2009.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

Appropriations, 2012....................................    $101,000,000
Budget estimate, 2013...................................     102,328,000
Committee recommendation................................     102,328,000

    The Committee's recommendation provides $102,328,000 for 
the Bureau of Industry and Security [BIS]. The recommendation 
is $1,328,000 above the fiscal year 2012 enacted level and the 
same as the budget request.
    BIS is the principal agency involved in the development, 
implementation, and enforcement of export controls for dual-use 
technologies. The Export Enforcement Division detects, 
prevents, investigates, and assists in the sanctioning of 
illegal dual-use exports.

                  Economic Development Administration

Appropriations, 2012.................................... \1\$457,500,000
Budget estimate, 2013...................................     219,719,000
Committee recommendation................................     237,719,000

\1\Including $200,000,000 of disaster assistance.

    The Committee's recommendation provides $237,719,000 for 
the Economic Development Administration [EDA]. The 
recommendation is $219,781,000 below the fiscal year 2012 
enacted level and $18,000,000 above the budget request.
    The EDA provides grants to local governments and nonprofit 
agencies for public works, planning, and other projects 
designed to facilitate economic development. Funding amounts 
for the two appropriations accounts under this heading are 
displayed below.

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 2012.................................... \1\$420,000,000
Budget estimate, 2013...................................     182,000,000
Committee recommendation................................     200,000,000

\1\Including $200,000,000 of disaster assistance.

    The Committee's recommendation provides $200,000,000 for 
Economic Development Assistance Programs. The recommendation is 
$220,000,000 below the fiscal year 2012 level and $18,000,000 
above the budget request. The Committee expects EDA to use all 
available carryover and prior year recoveries to the maximum 
extent possible. 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 DEVELOPMENT ASSISTANCE PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Public Works............................................          60,200
Economic Adjustment Assistance..........................          56,500
Trade Adjustment Assistance.............................          15,800
Regional Innovation Program.............................          25,000
Partnership Planning....................................          29,000
Technical Assistance....................................          12,000
Research and Evaluation.................................           1,500
                                                         ---------------
      Total.............................................         200,000
------------------------------------------------------------------------

    Innovative Energy Efficiency Grants.--Within the amounts 
provided for Economic Adjustment Assistance, the Committee 
provides $2,000,000 to continue innovative energy efficiency 
finance programs that benefit small businesses.
    Regional Innovation Strategies.--The Committee maintains 
support for EDA's Regional Innovation Strategies Program, and 
provides funding for both grants and loan guarantees to 
continue the program. The Committee supports the creation of 
science parks, the interagency Taskforce for the Advancement of 
Regional Innovation Clusters, and the i6 Challenge program, 
which allow the agency to award competitive grants to promote 
regional innovation. The Committee directs EDA to continue to 
provide grants and technical assistance to entities supporting 
clean energy technology commercialization. EDA shall consider 
new competitions in industries that it has not previously 
targeted, including the high-tech software and life sciences 
sectors, which are growing industries with the potential to 
create jobs and support sustained economic development. EDA 
shall also consider geographic equity in making award decisions 
so as to include rural projects among those chosen for funding.
    Partnership Planning.--The Committee does not support the 
requested reduction to Partnership Planning and directs EDA to 
maintain planning support for short-term projects out of this 
account.
    Persistent Poverty Counties.--Of the funds made available 
for Economic Development Assistance Programs, 10 percent shall 
be allocated to persistent poverty counties in the United 
States. A persistent poverty county is defined as any county 
that has had 20 percent or more of its population living in 
poverty over the past 30 years, as measured by the 1990, 2000, 
and 2010 decennial censuses. The Committee directs EDA to 
submit a progress report to the Committees on Appropriations on 
the implementation of this direction not later than 180 days 
after the enactment of this act.

                         SALARIES AND EXPENSES

Appropriations, 2012....................................     $37,500,000
Budget estimate, 2013...................................      37,719,000
Committee recommendation................................      37,719,000

    The Committee's recommendation provides $37,719,000 for 
salaries and expenses. The recommendation is $219,000 above the 
fiscal year 2012 enacted level and the same as the budget 
request. The Committee again directs that vacancies within the 
regional offices be filled prior to any vacancies within 
headquarters.
    Economic Development Representatives.--The Committee 
remains concerned about the wide geographic coverage areas for 
some Economic Development Representatives and Economic 
Development Specialists, which can limit the time they spend 
developing, overseeing, and providing guidance on projects. The 
increasing demands for services in areas with vast distances 
between jurisdictions justify additional staff support for 
exceptionally large geographic areas.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

Appropriations, 2012....................................     $30,339,000
Budget estimate, 2013...................................      28,689,000
Committee recommendation................................      28,689,000

    The Committee's recommendation provides $28,689,000 for the 
Minority Business Development Agency [MBDA]. The recommendation 
is $1,650,000 below the fiscal year 2012 enacted level and is 
the same as the budget request. MBDA is the only Federal agency 
dedicated to promoting the growth of minority-owned firms and 
assists small, medium and large minority business enterprises 
increase revenues and create jobs.

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

Appropriations, 2012....................................     $96,000,000
Budget estimate, 2013...................................     100,269,000
Committee recommendation................................     100,269,000

    The Committee's recommendation provides $100,269,000 for 
Economic and Statistical Analysis [ESA]. The recommendation is 
$4,269,000 above the fiscal year 2012 enacted level and the 
same as the budget request. ESA conducts research to provide a 
better understanding of the U.S. economy which helps Government 
make more informed policy decisions.

                          Bureau of the Census

Appropriations, 2012....................................    $888,336,000
Budget estimate, 2013...................................     970,425,000
Committee recommendation................................     953,425,000

    The Committee's recommendation provides $953,425,000 for 
the Census Bureau. The recommendation is $65,089,000 above the 
fiscal year 2012 enacted level and $17,000,000 below the budget 
request. The Committee provides for the use of $17,000,000 in 
funding from the Working Capital Fund, resulting in a total of 
$970,425,000 available in fiscal year 2013 for the Census 
Bureau.

                         SALARIES AND EXPENSES

Appropriations, 2012....................................    $253,336,000
Budget estimate, 2013...................................     259,175,000
Committee recommendation................................     259,175,000

    The Committee's recommendation provides $259,175,000 for 
salaries and expenses. The recommendation is $5,839,000 above 
the fiscal year 2012 enacted level and is the same as the 
budget request. This account provides for the salaries and 
expenses associated with the statistical programs of the Bureau 
of the Census, including measurement of the Nation's economy 
and the demographic characteristics of the population.

                     PERIODIC CENSUSES AND PROGRAMS

Appropriations, 2012....................................    $635,000,000
Budget estimate, 2013...................................     711,250,000
Committee recommendation................................     694,250,000

    The Committee's recommendation provides $694,250,000 for 
periodic censuses and programs. The recommendation is 
$59,250,000 above the fiscal year 2012 enacted level and 
$17,000,000 below the budget request. In addition to the 
appropriated amount, the Committee also provides $17,000,000 
from the Census Working Capital Fund providing a total of 
$711,250,000 for this account, which is equal to the budget 
request.
    This account provides for the constitutionally mandated 
decennial census as well as other programs that are cyclical in 
nature. Additionally, individual surveys are conducted for 
other Federal agencies on a reimbursable basis.
    Periodic Census Programs.--The Committee's recommendation 
provides $1,000,000 for the Office of Inspector General [OIG] 
to continue oversight and audits of periodic censuses and to 
provide the Bureau and Congress with independent 
recommendations for improving operations, which will be useful 
for the 2020 decennial census. The Bureau is directed to 
continue to incorporate all OIG recommendations as it 
transitions into the 2020 decennial, including: a thorough 
review of the training process; better communication of Census' 
various enumeration practices; and increased budget 
transparency.
    Monthly Status Reports.--Census is directed to continue its 
dashboard monthly status reports to the Committee as it 
transitions into preparations for the 2020 decennial.
    Working Capital Fund [WCF].--The Committee provides for the 
Bureau's operations through the Salaries and Expense account 
and the Periodic Censuses and Programs account, and as such, 
expects the Bureau to execute the funding to fullest extent 
possible without any carryover balances. The Bureau's practice 
of amassing unobligated balances into its WCF--essentially 
converting 2-year funding into no-year funds--is an 
untransparent use of taxpayer dollars and a circumvention of 
the appropriations process. The Committee directs the Bureau to 
use the WCF only as a repository for reimbursable funds from 
other agencies and to obligate and execute that funding 
expeditiously.
    The Bureau is required to follow the reprogramming 
procedures outlined in section 505 of this act before 
transferring any unobligated funding into the WCF. Any 
deviations from the funding distribution provided for in this 
act, including carryover balances, are subject to the standard 
reprogramming procedures set forth in section 505 of this act. 
Census is directed to provide an annual spending plan of its 
WCF for fiscal year 2013, within 30 days of enactment of this 
act, incorporating all carryover balances from previous fiscal 
years. Any changes from the spending plan shall also be subject 
to section 505 of this act.
    2020 Decennial Census.--Controlling costs for the 2020 
decennial census remains a top oversight concern for the 
Committee. Both the Inspector General and the Government 
Accountability Office track the 2020 census as a high-risk 
challenge for the Department. Cost overruns were a problem for 
the 2010 decennial census, which cost more than 
$12,000,000,000. That cost is 20 percent more expensive than 
original estimate of $11,000,000,000, and double the cost of 
2000 census of $6,500,000,000. The projected cost of the 2020 
Census ranges between $22,000,000,000 and $30,000,000,000--more 
than double the cost of the 2010 decennial census.
    As planning for the 2020 decennial census increases in 
fiscal year 2013, the Committee is aware that the Bureau is 
already taking steps to reduce the estimated total cost. The 
Bureau is directed to continue to bring down the cost of the 
2020 decennial census at a level less than the 2010 census and 
to further consider spending less than the 2000 census, not 
adjusting for inflation. Within 90 days of enactment of this 
act, the Bureau shall provide the Committee with an updated 
report that includes a strategic and budgetary plan for 
achieving these goals. The plan should include specific actions 
the Bureau can take to reduce spending compared to the 2010 
decennial census and descriptions of any challenges the Bureau 
anticipates that could prevent it from staying below the 2010 
or even the 2000 spending levels.
    Web-based Questionnaires.--The Committee directs the Bureau 
to incorporate a web-based version of its census forms when 
planning for the 2020 decennial census. Such digital tools will 
likely ensure a more complete initial response and reduce the 
need for nonresponse follow-up work which is the most expensive 
phase of census operations. In planning and creating such a 
tool, Census is further directed to enlist the best 
cybersecurity practices and protocols to ensure personal 
information remains secure and confidential.
    Economic Census.--The Committee maintains strong supports 
the Economic Census and directs the Bureau to preserve funding 
when considering any administrative cost reductions. Any 
programmatic decreases should first focus on reductions to 
periodic censuses and agency-wide administrative cost savings.
    Group Facilities.--The Committee is disappointed in the 
Census Bureau's failures in counting significantly-sized group 
facilities (200 people or more) in decennial censuses, 
including the 2010 census. In cases where the Bureau failed to 
count significant group facilities, the cost of providing a new 
count shall be borne by the Census Bureau, within available 
resources rather than the local government. Within 90 days of 
enactment of this act, the Census Bureau shall provide a report 
to the Committee that includes: the estimated number of group 
facilities missed during the 2010 decennial census; the 
estimated cost of enumerating individuals in these facilities; 
the Bureau's plan to recount these facilities during fiscal 
year 2013; and how the Bureau will ensure these facilities are 
included in future population estimates and periodic censuses.

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

Appropriations, 2012....................................     $45,568,000
Budget estimate, 2013...................................      46,925,000
Committee recommendation................................      46,925,000

    The Committee's recommendation provides $46,925,000 for the 
National Telecommunications and Information Administration 
[NTIA] salaries and expenses. The recommendation is $1,357,000 
above the fiscal year 2012 enacted level and the same as the 
budget request.
    The Committee retains language from previous years allowing 
the Secretary of Commerce to collect reimbursements from other 
Federal agencies for a portion of the cost of coordination of 
spectrum management, analysis, and operations. NTIA shall 
submit a report to the Committee no later than June 1, 2013, 
detailing the collection of reimbursements from other agencies. 
The Committee directs NTIA to continue monitoring broadband 
grants to ensure that funds are used appropriately by 
recipients.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION

    The Committee provides bill language allowing the NTIA to 
continue oversight and administration of previously awarded 
grants. NTIA shall not use unobligated balances to award new 
grants.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

Appropriations, 2012....................................  $2,678,000,000
Budget estimate, 2013...................................   2,933,241,000
Committee recommendation................................   2,933,241,000

    The Committee's recommendation provides $2,933,241,000 for 
the United States Patent and Trademark Office [USPTO], which is 
$255,241,000 above the fiscal year 2012 enacted level and equal 
to the budget request, to be derived from offsetting fee 
collections.
    USPTO is the central hub of an innovation friendly 
Government. USPTO examines patent applications, grants patent 
protection for qualified inventions, and disseminates 
technological information disclosed in patents. USPTO also 
examines trademark applications and provides Federal 
registration to owners of qualified trademarks.
    Budget Execution.--The Committee continues to allow USPTO 
full access to patent and trademark fees and provides language 
allowing USPTO to retain any revenue in excess of appropriated 
levels.
    The Committee provides $2,000,000 for the Office of 
Inspector General [OIG] to continue oversight and audits of 
USPTO operations and budget transparency, and USPTO is directed 
to work with the Department of Commerce to implement all OIG 
recommendations.
    Fee Collections Projections.--The Committee directs the 
USPTO to provide quarterly reports on its projected fee 
collections, and to notify the Committee during any month when 
significant changes in such projections prompt serious concern 
or require drastic budgetary responses.
    Reprogramming and Spend Plan.--USPTO is required to 
continue to follow the reprogramming procedures outlined in 
section 505 of this act before using excess fee collections to 
forward fund expenses beyond fiscal year 2013. Any deviations 
from the funding distribution provided for in this act, 
including carryover balances, are subject to the standard 
reprogramming procedures set forth in section 505 of this act. 
USPTO is directed to provide a spending plan for fiscal year 
2013, within 30 days of enactment of this act, incorporating 
all carryover balances from previous fiscal years, and 
describing any changes to the patent or trademark fee 
structure. Any changes from the spending plan shall also be 
subject to section 505 of this act. USPTO is directed to submit 
all reprogramming, spending plans and budget justifications to 
the Committee through the Department of Commerce.
    Patent Backlog.--The backlog of unprocessed patent 
applications has decreased 7 percent since 2011, but over 
657,000 patents still need approval. The average wait time has 
decreased too, but USPTO still takes over 30 months to make a 
decision. USPTO's goal is to reduce this latency to 18 months 
by 2016.
    The Committee understands that USPTO plans to use increased 
revenue in 2013 to tackle this backlog by hiring 1,500 more 
examiners and finishing opening three new satellite offices. In 
addition, the Inspector General says USPTO's telework program 
has been successful, allowing more than 2,600 patent examiners 
to work from home 4 days a week, thereby decreasing PTO's 
examiner attrition rate and increasing productivity. Changes to 
the agency's information technology systems, as proposed in the 
2013 budget, will undoubtedly streamline the end-to-end patent 
process.
    The Committee is supportive of all of these near-term plans 
proposed by USPTO, but cautions the agency to be mindful of 
long-term commitments being created now--namely workforce 
build-up--as they relate to projected revenues and reserve fund 
surpluses in out-years. With new hires currently being made in 
2012 and more proposed in 2013, amassing a limitless army of 
examiners is not a realistic strategy for tackling the backlog, 
much less creating a manageable workforce. USPTO realizes this 
paradox, and is already considering the right hiring threshold 
during these times of increased fee revenues.
    However, the Committee is less concerned about the agency's 
plan under a robust revenue scenario and more concerned about 
the possibility of leaner revenue years ahead. USPTO's own 
revenue projections--though more refined than previous years--
have consistently overestimated real returns. It is imperative 
USPTO balance sustainable operations with realistic revenue and 
judicious reserve spending. USPTO must avoid the worst case 
scenario in future years of not being able to maintain funding 
for operations using normal fee revenue, thus needing to burn 
through the reserve fund. Such a scenario would lead USPTO to 
request direct appropriations to augment fee revenue in order 
to continue operations. The Committee endured this scenario in 
the past, and USPTO is directed to use the tools at its 
disposal to avoid similar circumstances in the future.
    Satellite Offices.--The Committee maintains support of 
USPTO's nationwide workforce program and the establishment of 
satellite offices.

             National Institute of Standards and Technology

Appropriations, 2012....................................    $750,824,000
Budget estimate, 2013...................................     857,000,000
Committee recommendation................................     826,000,000

    The Committee's recommendation provides $826,000,000 for 
the National Institute of Standards and Technology [NIST]. The 
recommendation is $75,176,000 above the fiscal year 2012 
enacted level and $31,000,000 below the budget request. Up to 
$9,000,000 may be transferred from the Scientific and Technical 
Research and Services account to the Working Capital Fund.
    NIST's mission is to promote U.S. innovation and industrial 
competitiveness by advancing measurement science, standards, 
and technology in ways that enhance economic security and 
improve our quality of life.
    A description of each NIST account and the corresponding 
Committee recommendation follows in the subsequent three 
headings.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Appropriations, 2012....................................    $567,000,000
Budget estimate, 2013...................................     648,000,000
Committee recommendation................................     623,000,000

    The Committee's recommendation provides $623,000,000 for 
NIST research and services. The recommendation is $56,000,000 
above the fiscal year 2012 enacted level and $25,000,000 below 
the budget request.
    Cybersecurity.--The Committee supports the administration's 
strong request for cybersecurity activities within NIST, which 
includes: $10,000,000 for the National Cybersecurity Center of 
Excellence; $26,000,000 for the Comprehensive National 
Cybersecurity Initiative; and $24,000,000 for the National 
Strategy for Trusted Identities in Cyberspace. In addition, the 
Committee directs NIST to maintain funding for the National 
Initiative for Cybersecurity Education at $4,000,000.
    The Committee encourages DOC to fund multidisciplinary 
programs of study and research that focus on tackling 
cybersecurity issues on a global scale. When establishing 
criteria for external grant funding, consideration should only 
be given to institutions of higher education, including 
community colleges, designated by the National Security Agency 
as Centers of Academic Excellence for Information Assurance 
Education and Centers for Academic Excellence for Information 
Assurance Research.
    Centers of Excellence.--The Committee supports the 
administration's proposal to create Centers of Excellence that 
will produce collaborations between NIST, academic, and 
industry specialists on research focused on innovations in 
measurement science and new technology developments. Similar 
collaborations have already yielded significant benefits in 
areas of nanomaterials, healthcare, batteries and 
electrochemical energy conversion, and advanced photovoltaic 
devices. As part of the agency's 2013 spending plan, NIST is 
directed to provide an updated framework for creating an 
appropriate number of new centers of excellence from within the 
funds provided.
    Greenhouse Gas Measurements.--The Committee maintains 
support for NIST's greenhouse gas measurements programs and is 
aware of the need to develop prototype greenhouse gas 
observation networks for measuring carbon dioxide and methane 
in the atmosphere at local scales. In order to increase 
confidence in greenhouse gas emissions inventories and to 
improve current measurement and standards infrastructure, NIST 
is directed to leverage existing assets and services from the 
private sector that maintain high quality atmospheric weather 
monitoring systems.
    Facility Security.--The Committee continues to provide 
funding for NIST to maintain security operations for its 
laboratories and facilities. The Federal Protective Services 
[FPS] has previously proposed to take over NIST's security 
operations, yet the Committee has not received a plan from the 
administration that would detail the transfer of security 
funding and responsibility from NIST to FPS. Therefore, the 
Committee does not grant such a transfer during fiscal year 
2013.

                     INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2012....................................    $128,443,000
Budget estimate, 2013...................................     149,000,000
Committee recommendation................................     143,000,000

    The Committee's recommendation provides $143,000,000 for 
Industrial Technology Services. The recommendation is 
$14,557,000 above the fiscal year 2012 enacted level and 
$6,000,000 below the budget request. Supporting the Nation's 
manufacturers, especially small businesses, is critical to 
keeping America innovative in a global marketplace. The 
Committee's recommendation provides $128,500,000 for the 
Hollings Manufacturing Extension Partnership Program and 
$14,500,000 for the Advanced Manufacturing Consortia.

                  CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2012....................................     $55,381,000
Budget estimate, 2013...................................      60,000,000
Committee recommendation................................      60,000,000

    The Committee's recommendation provides $60,000,000 for 
construction of research facilities. The recommendation is 
$4,619,000 above the fiscal year 2012 enacted level and the 
same as the budget request.
    The recommendation funds the highest-priority construction, 
maintenance, and repair projects at NIST. The Committee directs 
NIST to provide quarterly reports on the status of all 
construction projects.

            National Oceanic and Atmospheric Administration


                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2012....................................  $4,893,675,000
Budget estimate, 2013...................................   5,054,546,000
Committee recommendation................................   3,418,709,000

    The Committee's recommendation provides $3,418,709,000 for 
the National Oceanic and Atmospheric Administration [NOAA]. The 
recommendation is $1,474,966,000 below the fiscal year 2012 
enacted level and $1,635,837,000 below the budget request.
    The Committee acknowledges that the administration's 
January 13, 2012, plan to reorganize the Federal Government 
called for moving NOAA to the Department of the Interior. 
However until that plan is approved, NOAA still comprises 54 
percent of the Department of Commerce's discretionary 
appropriations and commands significant Committee oversight. 
NOAA's fishery decisions affect every coastal community, and 
NOAA's weather forecasts affect every American's daily life. 
Anyone who doubts Congress' perception of NOAA as the focal 
point of the Department's portfolio should revisit the 
transcripts from the Committee's March 22, 2013, hearing on the 
Department of Commerce's fiscal year 2013 budget request. The 
motivations behind the administration's unbalanced and 
incongruous budget request for NOAA was questioned by this 
Committee then and continues to be scrutinized in this bill.
    As the entire Federal Government has adjusted to more 
frugal budgets, the Department was expected to balance NOAA's 
internal overhead costs with that of the agency's external 
partnerships and commitments. To the Committee's 
disappointment, the 2013 budget request did not achieve this 
stability. Satellite acquisition spending continues to rise at 
the expense of core operations and competitive funding 
opportunities. Education and restoration programs were 
disproportionally targeted.
    Many proposed cuts to programs long supported by Congress 
come with little, if any, sensible justifications from the 
agency. Examples include reductions to the U.S. Tsunami Warning 
Network less than a year after the devastating Japanese 
earthquake showed the practical value of this warning network 
to our own west coast and Pacific Island communities. In 
addition, proposed reductions to local weather forecasting 
offices follow a year of some of the most severe weather events 
on record--but not the deadliest due to NOAA's weather 
warnings. Financial decisions like these that were made in 
light of ballooning satellite acquisition costs make the 
Committee question the guiding forces behind the Department's 
fiscal compass.
    In order to bring greater financial stability to this 
agency and to eliminate duplicative Government overhead, the 
Committee has determined that decoupling the ever increasing 
cost of satellite construction from the fiscal needs of NOAA's 
core operations is in the best interest of the agency, the 
Department and the taxpayers. Therefore, funding for NOAA's new 
environmental satellite acquisitions has been transferred to 
NASA which is already partnering with NOAA on procuring these 
critical systems.

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2012....................................  $3,022,231,000
Budget estimate, 2013...................................   3,042,460,000
Committee recommendation................................   3,139,740,000

    The Committee's recommendation provides $3,139,740,000 for 
NOAA's operations, research, and facilities. The recommendation 
is $117,509,000 above the fiscal year 2012 enacted level and 
$97,280,000 above the budget request.

                      NOAA NATIONAL OCEAN SERVICE

    The Committee's recommendation provides $487,135,000 for 
the National Ocean Service [NOS]. NOS programs provide 
scientific, technical, and management expertise to promote safe 
navigation; assess the health of coastal and marine resources; 
respond to natural and human-induced threats; and preserve the 
coastal ocean and global environments.
    The Committee's recommendations are displayed in the 
following table:

       NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Navigation Services:
    Mapping & Charting Base............................           49,700
    Hydrographic Research and Technology Development...            7,000
    Electronic Navigational Charts.....................            5,780
    Shoreline Mapping..................................            2,300
    Address Survey Backlog/Contracts...................           27,500
    Geodesy Base.......................................           26,800
    National Height Modernization......................            2,400
    Tide & Current Data Base...........................           29,000
                                                        ----------------
      Total, Navigation Services.......................          150,480
                                                        ================
Ocean Resources Conservation and Assessment:
    Regional Integrated Ocean Observing Systems [IOOS].           31,055
    NOAA IOOS..........................................            6,533
    Coastal Services Centers...........................           32,330
    Regional Geospatial Modeling Grants................            4,000
    Coastal Storms.....................................            2,774
    Coral Reef Programs................................           26,775
    Response and Restoration Base......................           25,688
    Marine Debris......................................            5,000
    National Centers for Coastal Ocean Science.........           36,400
    Competitive External Research......................           15,200
                                                        ----------------
      Total, Ocean Resources Conservation and                    185,755
       Assessment......................................
                                                        ================
Ocean and Coastal Management:
    CZM Grants.........................................           67,000
    CZM and Stewardship (formerly Program                          8,000
     Administration)...................................
    Regional Ocean Partnership.........................            4,000
    National Estuarine Research Reserve System.........           22,300
    Marine Sanctuary Program...........................           49,600
                                                        ----------------
      Total, Ocean and Coastal Management..............          150,900
                                                        ================
      GRAND TOTAL NOS..................................          487,135
------------------------------------------------------------------------

    Navigation Services.--The Committee does not support the 
administration's request to terminate funding for navigation 
response teams. These small, mobile teams located throughout 
the United States quickly investigate maritime accidents and 
hazards to navigation to ensure ports and shipping routes 
remain safe. When not responding to emergencies, the teams work 
closely with the maritime community to conduct hydrographic 
surveys for critical chart updates for 175 major ports within 
the U.S. marine transportation system.
    Geospatial Modeling Grants.--The Committee provides 
$4,000,000 for the competitive Geospatial Modeling Grants 
Program of which all funding shall be distributed externally.
    Integrated Ocean Observing System.--The Committee's 
recommendation provides no less than $26,055,000 for regional 
partnerships and $5,000,000 for external funding to test and 
advance sensor technology development.
    Marine Debris.--NOAA shall retain the Marine Debris Program 
within the Office of Response and Restoration to leverage the 
office's considerable capacity for the program's primary 
mission of hazard response. Additional funding is provided 
above the request for the Marine Debris Program to continue to 
track and mitigate the immense debris field generated by the 
Japanese earthquake and tsunami that struck in March 2011, 
which is anticipated to impact the American Pacific islands and 
the continental United States during fiscal year 2013.
    The Committee is also concerned about the continued buildup 
of marine debris, especially plastics, in the North Pacific 
Gyre, also known as the Great Pacific Garbage Patch in the 
North Pacific Subtropical Convergence Zone. Within 120 days 
after enactment of this act, NOAA shall, in cooperation with 
the Environmental Protection Agency and the National Science 
Foundation, and in consultation with west coast States, submit 
a report to the Committee detailing efforts to address the 
sources of marine plastic pollution. Specifically, the report 
shall: address the responsibilities and efforts of Federal 
agencies and regional partners to study and mitigate the 
impacts of marine debris on living marine resources and the 
ocean environment; detail existing efforts and identify 
opportunities for improved government-wide coordination; and 
recommend efficient and immediate action to reduce marine 
plastic pollution that contributes to the gyre.
    Regional Ocean Partnerships.--The Committee provides 
$4,000,000 for Regional Ocean Partnership [ROP] grants. The 
Committee notes that the Governor of a given State may send 
written notification to NOAA requesting that no ROP grants be 
awarded to his or her State. The goal of such notification 
would be to prevent any funds from being used in contradiction 
to a State policy or to support activities inconsistent with a 
State's coastal management plan.
    Response and Restoration.--Within the funds provided for 
the Office of Response and Restoration, $2,400,000 shall be for 
operations and staffing of the Gulf of Mexico Disaster Response 
Center [DRC] since NOAA neglected to request any funding for 
this coastal crisis support facility. The Committee expects 
NOAA to appropriately staff and fund the DRC in out-years to 
achieve operational capacity as the gulf coast hub for NOAA's 
emergency preparedness, response, and recovery operations.
    National Center for Coastal Ocean Science [NCCOS].--The 
Committee supports the transfer of the Oxford Laboratory from 
NOS to the National Marine Fisheries Service, and provides 
funding within that line office for the continuation of 
existing activities. However, the Committee does not support 
the closure of the NCCOS laboratory in Kasitsna Bay. NOAA has 
recently spent $12,000,000 on renovating the Kasitsna Bay 
facility, and the lab has leveraged significant funds and 
cooperation from non-Federal partners. NOAA may consider 
transferring the lab and associated funding from NOS to a 
different line office in future budget requests.
    Coastal Zone Management.--The Committee supports the 
proposed merger of the Office of Ocean and Coastal Resource 
Management [OCRM] with the Coastal Services Center, but does 
not believe that such a merger will result in $1,000,000 worth 
of administrative efficiencies for either program without 
reducing much needed capacity to support coastal States. 
Therefore, the Committee does not support the cut to the OCRM.
    National Marine Sanctuaries.--The administration's request 
to reduce Operations, Research, and Facilities [ORF] funding 
and eliminate Procurement, Acquisition and Construction [PAC] 
funding for the Office of National Marine Sanctuaries [ONMS] 
will have a significant impact on operations at every sanctuary 
site. Providing adequate funding for facilities, operations, 
and exhibits enables the public to learn about our coastal 
resources, including the Great Lakes. Further, these facilities 
encourage community involvement and have a positive impact on 
local economies. Therefore, the Committee restores ONMS funding 
in the PAC and ORF accounts to fiscal year 2012 levels. The 
Committee also directs NOAA to provide a report within 60 days 
of enactment of this act on the administration's plans to 
expand marine sanctuaries. This information is important for 
making informed decisions about managing our marine resources--
cultural and ecological--in the most cost-effective manner.
    The Committee supports the consolidation of the Marine 
Protected Areas program into the ONMS account and provides 
$2,000,000 for those operations.

                 NOAA NATIONAL MARINE FISHERIES SERVICE

    The Committee's recommendation provides $834,078,000 for 
the National Marine Fisheries Service [NMFS]. NMFS programs 
provide for the management and conservation of the Nation's 
living marine resources and their environment, including fish 
stocks, marine mammals, and endangered species. Using science-
based conservation, management, and restoration activities, 
these resources can benefit the Nation on a sustained basis. 
NMFS seeks to build sustainable fisheries, recover protected 
species, and sustain healthy coastal ecosystems and the 
communities that depend on them.
    Committee recommendations are displayed in the following 
table:

 NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Protected Species Research and Management:
    Protected Species Research and Management Base....            38,972
    Species Recovery Grants...........................             4,797
    Marine Mammal Protection..........................            49,653
    Other Protected Species...........................             7,038
    Marine Turtles....................................            12,887
    Atlantic Salmon...................................             6,000
    Pacific Salmon....................................            65,000
                                                       -----------------
      Total, Protected Species Research and Management           184,347
                                                       =================
Fisheries Research and Management:
    Fisheries Research and Management Base............           177,260
    National Catch Share Program......................            28,000
    Expand Annual Stock Assessments...................            68,645
    Economics and Social Sciences Research............             7,773
    Salmon Management Activities......................            29,000
    Regional Councils and Fisheries Commissions.......            31,855
    Fisheries Statistics..............................            23,500
    Fish Information Networks.........................            22,100
    Survey and Monitoring Projects....................            24,336
    Fisheries Oceanography............................             2,200
    American Fisheries Act............................             3,900
    Interjurisdictional Fisheries Grants..............             2,000
    National Standard 8...............................             1,017
    Reducing Bycatch..................................             3,440
    Product Quality and Safety........................             6,589
                                                       -----------------
      Total, Fisheries Research and Management........           431,615
                                                       =================
Enforcement and Observers:
    Enforcement and Surveillance......................            67,123
    Observers and Training............................            43,166
                                                       -----------------
      Total, Enforcement and Observers................           110,289
                                                       =================
Habitat Conservation and Restoration..................            43,678
                                                       =================
Other Activities Supporting Fisheries:
    Antarctic Research................................             2,800
    Aquaculture.......................................             8,000
    Climate Regimes and Ecosystem Productivity........             1,807
    Computer Hardware and Software....................             1,842
    Cooperative Research..............................            12,000
    Information Analyses & Dissemination..............            15,300
    Marine Resources Monitoring, Assessment and                      800
     Prediction Program...............................
    National Environmental Policy Act.................             6,500
    NMFS Facilities Maintenance.......................             4,900
    Regional Studies..................................            10,200
                                                       -----------------
      Total, Other Activities Supporting Fisheries....            64,149
                                                       =================
      GRAND TOTAL NMFS................................           834,078
------------------------------------------------------------------------

    Protected Species Research and Management.--The Committee 
rejects the administration's proposal to terminate the John H. 
Prescott Marine Mammal Rescue Assistance Grant Program, and 
provides $49,653,000 for the Marine Mammals account, which 
includes sufficient funding at the fiscal year 2012 level for 
Prescott grants and all other activities within this account.
    Stock Assessments.--The Committee directs NOAA to take 
artificial reefs into consideration when updating the stock 
assessment for red snapper. Additionally, the Committee directs 
that the assessment should take into consideration any 
imbalance in the ecosystem that may be occurring between the 
bigger red snapper in the Gulf and other fish species.
    Promote and Develop Fisheries Products and Research Funding 
Transfer.--The bill includes a new provision restricting the 
use of the Promote and Develop Fisheries Products and Research 
funds transferred from the Department of Agriculture to NOAA in 
a way that better meets the intended purpose of the transfer 
mandated by the Saltonstall-Kennedy Act. None of the funds may 
be used for internal NOAA management, but rather funds may only 
be used for activities that directly help U.S. fisheries and 
fishery communities. Specifically, these funds may only be used 
for: cooperative research; annual stock assessments; efforts to 
improve data collection, including catch monitoring and 
reporting for commercial, charter, and recreational fisheries; 
interjurisdictional fisheries grants; and Fisheries Information 
Networks.
    As part of the 2013 spending plan, NOAA shall include a 
clear accounting of how the Promote and Develop transfer funds 
will be allocated. Furthermore, starting with the fiscal year 
2014 budget request and for every year thereafter, NOAA shall 
provide a clear accounting of how the agency plans to allocate 
these transferred funds based on the funding criteria described 
in this bill.
    Regional Facility and Laboratory Consolidation.--NMFS has 
proposed consolidating the Northwest and Southwest Fisheries 
Science Centers into one center. The Committee recognizes the 
need to reduce Federal spending and is not opposed to this 
consolidation if this action will improve coordination within 
the region. However, the Committee is concerned that the 
proposal will diminish services or delay the timely execution 
of regulatory reviews or scientific support, particularly 
NOAA's ability to meet the demands on its Endangered Species 
Act Pacific Salmon program. The Committee directs the 
administration to use available funds to develop and implement 
salmon life cycle modeling at NOAA Fisheries that will satisfy 
NOAA's obligations to address or revise existing salmonid 
biological opinions pursuant to Federal court orders.
    The Committee rejects the proposal to close NOAA's James J. 
Howard Laboratory and instead provides sufficient funding to 
operate the laboratory in fiscal year 2013. Furthermore, the 
Committee does not support the administration's proposal to 
cease current operations at NOAA's Oxford Laboratory. The 
Committee is not opposed to the transition of the Oxford Lab 
from NOS to NMFS, but directs NOAA to maintain current 
operations and research at the facility as well as continue 
existing intergovernmental and academic partnerships. The 
Committee also rejects the administration's proposal to reduce 
current operational funding for the NOAA Chesapeake Bay Office 
which included the termination of the Chesapeake Bay 
Interpretive Buoy System and instead provides sufficient 
funding to maintain existing operations. NOAA shall provide the 
Committee with a revised transition plan for the Oxford Lab 
with the 2013 spending plan that shall include organizational 
efficiencies and collaborations with the NOAA Chesapeake Bay 
Office.
    The fiscal year 2013 budget request demonstrates that the 
administration is obviously experiencing financial difficulties 
maintaining NOAA's northeast fishery facilities, with small 
local laboratories in the Mid-Atlantic area receiving a 
disproportionately larger reduction and elimination. Coastal 
States find value in local NOAA facilities which have built 
direct partnerships with the commercial fishing industry and 
regional external partners to conduct a range of work needed to 
accomplish NOAA's mission.
    Therefore, in order to better balance NOAA's fiscal needs 
with that of the best local fishery results, NOAA is directed 
to close the Northeast Regional Office [NERO] and consolidate 
the entire regional operations and management within NMFS 
headquarters. This regional office serves the eastern seaboard 
from Maine to North Carolina, and as far west as Minnesota. 
Better centrally locating the facility at NMFS headquarters 
would allow for greater coordination with senior management at 
NOAA and the Department, while saving an estimated $1,800,000 
on rent and a yet unspecified amount on travel costs. The 
Committee believes this consolidation will provide for 
efficiencies and enhance management, while still maintaining a 
strong regional presence.
    From the Committee's perspective, some activities at NERO 
can be conducted at other NOAA facilities without using leased 
space and incurring the associated lease costs. Since the lease 
at this facility will expire in September 2013, its termination 
will save costs now and in the future. Such rationale should be 
acceptable to NOAA because similar language on not renewing a 
lease was used by the agency on page 150 of NOAA's fiscal year 
2013 Congressional Budget Justification to justify the closure 
of the James J. Howard Laboratory. However, unlike the 
circumstances with James J. Howard Laboratory, this closure 
will actually result in real cost savings to the agency in 
2013, not just in out-years. Upon closing NERO, NOAA may 
continue to support a small local presence in the area.
    Survey and Monitoring.--The Committee is concerned that a 
new stock assessment on Gulf of Maine cod indicates that the 
stock may not be as healthy as previously thought and believes 
that more research is needed to better understand the stock 
structure. The Committee is aware that NMFS is planning spring 
and fall trawl surveys this year on the cod stock, and 
encourages NMFS to consider the appropriateness of fixed-gear, 
hook, and other survey methods that can complement the trawl 
survey.
    Pacific Salmon Treaty.--Within the amount provided for 
Salmon Management activities, the Committee provides a total of 
$10,500,000 to enable the States and tribal communities to move 
forward on necessary Pacific Salmon Treaty agreements. In 
addition, the Committee fully supports all other aspects of the 
budget request for Salmon Management activities that are 
essential to meeting these treaty obligations.
    American Lobster.--The southern New England stock of 
American lobster has been in decline and is under increasing 
stress. Although the Atlantic States Marine Fishery Commission 
exercises primary regulatory responsibility for this fishery, 
portions of six out of seven management areas are in Federal 
waters. NMFS implements complementary regulations for the 
fishery in these areas, but a void of data about the condition 
of this fishery still exists. To improve coordination and 
consistency, the Committee continues to direct NMFS to engage 
the industry in conducting surveys and research that 
complements activities undertaken by the States.
    Bycatch Reduction.--The development and implementation of 
practical bycatch solutions is a priority of U.S. and 
international fisheries management and protected species 
conservation. The Committee supports the requested amount for 
Reducing Bycatch, of which NMFS is directed to make $2,500,000 
available for competitive grants to non-Federal researchers 
working with U.S. fishermen on the development of improved 
fishing practices and innovative gear technologies.
    Ecological Markers for the Gulf of Mexico.--The Deepwater 
Horizon oil spill demonstrated the critical need for scientists 
to have common biological benchmarks for studying the full 
extent of ecological disaster in the region. The Committee 
expects NOAA to use an appropriate portion of the research 
funding to support projects that will develop specific 
methodologies and validate model organisms to use as sentinel 
species that may better forecast the broader impacts of 
environmental disasters and serve as a common platform for 
long-term ecosystem studies in the Gulf of Mexico.
    Enforcement and Observation.--The Committee is aware that 
implementation of the Northeast Multispecies fishery sector 
management program continues to present substantial financial 
challenges to the sector as well as to the economic 
sustainability of the fishery and fishing communities 
throughout the region. Within the funding provided for the 
National Catch Share Plan and observer coverage, the Committee 
directs NMFS to provide adequate funding for at-sea and 
dockside monitoring for fisheries with approved catch share 
management plans.
    Furthermore, NOAA may not conduct a transfer of any funds 
from any observer program that would jeopardize the operation 
of a fishery by reducing observer coverage for that fishery 
below levels required by law or regulation.
    Electronic Logbooks.--Within the funds provided for NMFS, 
the Committee directs NOAA to maintain full funding for the 
continued installation of electronic logbooks which is both 
inherent to NOAA's core mission and essential to the 
implementation of current fishery regulations.
    Habitat Conservation and Restoration.--The Committee 
supports the consolidation of coastal habitat programs into the 
Habitat Conservation and Restoration program but not at the 
level the administration requested and not with the inclusion 
of the Marine Debris program. The reason the Committee 
encouraged consolidating these programs under one office was to 
achieve efficiencies in executing the programs. However, the 
Committee does not support the large cuts proposed by the 
administration to the coastal restoration and fish habitat 
protection programs, especially given the additional non-
Federal funding leveraged by States and outside organizations. 
Within funds provided, no less than $1,500,000 shall be for the 
Estuary Restoration Program, and no less than $21,000,000 shall 
be for Community-based Restoration Grants.
    Fisheries Law Enforcement.--The Committee is greatly 
concerned by NOAA's lack of cooperation with the Inspector 
General regarding the wasteful purchase and use of a 35-foot 
motor yacht intended for undercover operations that was instead 
used for carousing in the Puget Sound by government officials. 
The Committee continues to monitor this situation, and awaits 
the Inspector General's final report and ongoing assessment, as 
well as NOAA's subsequent actions that will ensure such 
inappropriate excesses do not occur in the future.

                 NOAA OCEANIC AND ATMOSPHERIC RESEARCH

    The Committee's recommendation provides $414,636,000 for 
Oceanic and Atmospheric Research [OAR]. OAR programs provide 
the environmental research and technology needed to improve 
NOAA weather, air quality warnings, forecasts, climate 
predictions, and marine services. To accomplish these goals, 
OAR supports a network of scientists in its Federal research 
laboratories, universities, and joint institutes and 
partnership programs.
    Committee recommendations are displayed in the following 
table:

  OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
Climate Research:
    Laboratories and Cooperative Institutes..........            53,483
    Climate Data and Information.....................            13,003
    Competitive Research Program.....................           146,330
                                                      ------------------
      Total, Climate Research........................           212,816
                                                      ==================
Weather and Air Quality Research Programs:
    Laboratories and Cooperative Institutes..........            56,311
    U.S. Weather Research Program....................             4,223
    Tornado Severe Storm Research/Phased Array Radar.            10,008
                                                      ------------------
      Total, Weather and Air Quality Research........            70,542
                                                      ==================
Ocean, Coastal and Great Lakes Research:
    Laboratories and Cooperative Institutes..........            25,500
    National Sea Grant College Program...............            62,000
    Integrated Ocean Acidification...................             6,200
    Ocean Exploration................................            25,200
                                                      ------------------
      Total, Ocean, Coastal and Great Lakes Research.           118,900
                                                      ==================
    High Performance Computing Initiatives...........            12,378
                                                      ==================
      GRAND TOTAL OAR................................           414,636
------------------------------------------------------------------------

    Laboratories and Cooperative Institutes.--The Committee 
remains concerned that NOAA is underfunding cooperative 
institutes and creating new partnerships with the external 
community under false pretenses. The Committee provides an 
increase to help bridge the gap but expects the administration 
to fully fund these cooperative institutes, including well-
established institutes focused on coral reef research and 
watershed impacts on marine ecosystems at appropriate levels in 
future years. Furthermore, the Committee also provides full 
funding for operations at NOAA's seven research laboratories. 
The Committee rejects the administration's request to reduce 
laboratory funding, including proposed cuts to NOAA's Great 
Lakes Environmental Research Laboratory which would have 
shutdown up the lab's research vessels and halted important 
research in the region.
    Phased Array Radar.--The bill includes $10,008,000 for 
continued development of the multi-function phased-array radar, 
the same as the budget request. When completed, this system has 
the potential to significantly extend lead times for detecting 
tornadoes and other forms of severe and hazardous weather.
    Ocean Exploration.--The Committee supports the proposed 
termination of the National Undersea Research Program [NURP]. 
For the benefit of maintaining Ocean Exploration's advanced 
technology and at-sea capabilities, NOAA shall use $4,000,000 
from within funds provided to consolidate existing partnerships 
in the Gulf of Mexico and the central Pacific regions into the 
Ocean Exploration program. As part of the 2013 spend plan, NOAA 
shall provide the Committee with an inventory of all NOAA-owned 
assets that are part of the former NURP program and a plan for 
either purging or maintaining these items from within the 
agency's inventory.
    The Committee supports the use of autonomous underwater 
vehicles [AUV] throughout the agency and believes that NOAA can 
achieve significant savings by using long endurance, long range 
autonomous underwater vehicles that can operate continuously 
for months at a time with little or no ship support. These 
vehicles could also provide critical science and research 
information on yet unexplored areas of the ocean including 
under-ice areas in the Arctic and Antarctic. Within 120 days of 
enactment of this act, NOAA shall provide the Committee with a 
report detailing: which programs throughout the agency are 
currently supporting AUV operations; how much funding NOAA has 
provided for AUV operations and research in the past 3 years, 
broken out by project; and the requirements for using AUVs to 
conduct future NOAA missions.
    National Sea Grant College Program.--The Committee provides 
$62,000,000 for NOAA's Sea Grant Office, of which $4,500,000 is 
for marine aquaculture research. The Committee continues to 
recognize the important role the Sea Grant program plays in 
connecting coastal and Great Lakes communities with practical 
research and results, and encourages the growth of this program 
in future budget requests.
    Unmanned Aerial Systems.--The Committee provides a total of 
$4,000,000 for unmanned aerial systems and encourages NOAA to 
continue research involving these systems that could support 
the agency's operations, especially weather forecasting and 
hurricane tracking.

                     NOAA NATIONAL WEATHER SERVICE

    The Committee's recommendation provides $909,210,000 for 
the NOAA National Weather Service [NWS]. NWS programs provide 
timely and accurate meteorologic, hydrologic, and oceanographic 
warnings and forecasts to ensure the safety of the population, 
mitigate property losses, and improve the economic productivity 
of the Nation. NWS is also responsible for issuing operational 
climate forecasts for the United States.
    The Committee's recommendations are displayed in the 
following table:

      NATIONAL WEATHER SERVICE OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Operations and Research:
    Local Warnings and Forecasts Base.................           640,000
    Air Quality Forecasting...........................               865
    Alaska Data Buoys.................................             1,683
    Sustain Cooperative Observer Network..............               998
    NOAA Profiler Network.............................             1,811
    Pacific Island Compact............................             3,775
    Strengthen U.S. Tsunami Warning Network...........            23,541
    Advanced Hydrological Prediction Services.........             8,200
    Aviation Weather..................................            21,452
    WFO Maintenance...................................             6,588
    Central Forecast Guidance.........................            79,624
    Weather Radio Transmitters Base...................             2,297
    National Mesonet Network..........................            16,000
                                                       -----------------
      Total, Operations and Research..................           806,834
                                                       =================
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
                                                       =================
      GRAND TOTAL NWS.................................           909,210
------------------------------------------------------------------------

    Local Warnings and Forecasts Base.--The Committee supports 
the administration's proposal to achieve $2,000,000 in cost 
savings by improving information technology [IT] related 
efficiencies throughout the line office. However, the Committee 
does not approve of the administration's plan to reduce the NWS 
IT staff by 80 percent, which would affect 122 employees by 
cutting 98 computer technician positions in local field offices 
and consolidating the remaining 24 positions into six regional 
offices. Every Local Weather Field Office across America would 
be affected by these cuts.
    The United States experienced some of the most devastating 
severe weather on record in 2011, and 2012 is already shaping 
up to be another damaging year. According to the NWS, the 
recent February 28 to March 2, 2012, severe storm outbreak 
spawned 230 tornadoes across 14 States, killing 54 people. 
Without NOAA's warnings, more lives would have been lost, and 
IT staff have proven to be valuable parts of the local weather 
forecast teams. In addition, NOAA needs a strong IT workforce 
now for the same reason the agency originally hired more 
weather IT staff in 2000, which was to help with network 
upgrades. Today, NOAA says that because that system is finished 
conversion, the staff are not needed, yet NOAA is currently 
upgrading to a new system as evidence that IT staff are 
critical. The fiscal year 2013 request includes $8,200,000 for 
improving the NWS's telecommunication gateway for managing 
weather information and a new $12,400,000 to prepare the NWS 
for more data from new satellites.
    U.S. Tsunami Warning Network.--The Committee rejects the 
administration's request to cut funding for the U.S. Tsunami 
Warning Network, which would have resulted in unsatisfactory 
cuts to the National Tsunami Hazard Mitigation Program and 
reduced operational support for our nation's network of Deep-
ocean Assessment and Reporting of Tsunami buoys.
    Central Forecast Guidance.--The Committee does not support 
the proposed $400,000 reduction to the Hurricane Forecast 
Improvement Project, which would have a negative impact on the 
agency's ability to improve hurricane track and intensity 
forecasts. Instead, the Committee maintains current funding 
levels for this program which yields valuable and meaningful 
information for States that must weigh the difficult and costly 
decision of whether to evacuate their coastal communities in 
advance of approaching hurricanes.
    Severe Storm Forecasts.--The Committee remains concerned 
that NOAA depends on 30-year-old technology to forecast severe 
storms, despite the existence of advanced remote sensing 
technology that could significantly improve forecasting 
capability and increase warning times. Therefore, the Committee 
directs NOAA to report on the feasibility of a mid-decade 
deployment of an advanced geosynchronous hyper-spectral sounder 
to improve the forecasting of severe weather and do so in the 
most timely, efficient and cost-effective means possible. NOAA 
shall submit this plan to the Committee within 120 days of 
enactment of this act.
    Advanced Hydrological Prediction Services.--The Committee 
provides a total of $8,200,000 for the Advanced Hydrological 
Prediction Services and rejects the administration's proposal 
to cut $2,000,000 from flood forecasting operations. Instead, 
NOAA shall continue working with river commissions throughout 
the country for the purpose of leveraging stream and river data 
and information for coordinated flood forecasts, starting with 
rivers with existing Federal-interstate compact commissions. 
The Committee also directs NOAA to provide necessary funding in 
fiscal year 2013 to staff and operate the agency's National 
Water Center, and to provide the Committee a report within 90 
days of enactment of this act detailing a recommended staffing 
and operations profile in out-years.
    National Mesonet Program.--The Committee recommends 
$16,000,000 for continuation and expansion of the National 
Mesonet Program through a competitive weather data procurement 
that maintains coverage of areas now included within the 
national mesonet, as well as expands coverage in high risk 
areas. Award of these funds should include a requirement to 
integrate mesonet observations into National Weather Service 
severe weather alerts at the local field office level, 
initially targeting locations with the greatest probability of 
severe weather, but expanding over time to include all field 
offices and States. The 2013 program should also include pilot 
projects to demonstrate the validity of mesonet observation 
data in increasing severe warning times and the benefit of 
mesonet observations for various key challenges including 
commercial aviation and electric grid management. Due to the 
highly specialized data required to make the mesonet program 
effective, NOAA should not utilize generic information 
technology contract vehicles, such as NOAA Link, to make any 
data purchase for the mesonet. Up to $750,000 may be used, 
subject to the standard reprogramming procedures set forth in 
section 505 of this act, for management of the national mesonet 
including all study costs on how the national mesonet can be 
integrated into the Advanced Weather Interactive Processing 
System in fiscal years beyond 2013. The Committee sees 
sustainment of the national mesonet as a major component of a 
``Weather Ready Nation'' and expects that future NOAA budget 
requests contain funding for the mesonet.

     NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE

    The Committee's recommendation provides $187,351,000 for 
the National Environmental Satellite, Data and Information 
Service [NESDIS] operations. NESDIS programs operate 
environmental polar-orbiting and geostationary satellites and 
collects and archives global environmental data and information 
for distribution to users in commerce, industry, agriculture, 
science and engineering, the general public, and Federal, 
State, and local agencies.
    The Committee's recommendations are displayed in the 
following table:

     NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
                  OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
    Satellite Command and Control Base................            40,238
    NSOF Operations...................................             8,009
    Product Processing and Distribution...............            39,000
    Product Development, Readiness & Application......            19,545
    Ocean Remote Sensing..............................             4,058
    Joint Center/Accelerate Use of Satellites.........             3,384
    Commercial Remote Sensing Regulatory Affairs......             1,119
    Office of Space Commercialization.................               659
    Group on Earth Observations.......................               505
                                                       -----------------
      Total, Environmental Satellite Observing Systems           116,517
                                                       =================
Data Centers & Information Services:
    Archive, Access & Assessment......................            48,434
    Coastal Data Development..........................             4,500
    Regional Climate Services.........................             8,400
    Environmental Data Systems Modernization..........             9,500
                                                       -----------------
      Total, NOAA's Data Centers & Information                    70,834
       Services.......................................
                                                       =================
      GRAND TOTAL NESDIS..............................           187,351
------------------------------------------------------------------------

    Regional Climate Services.--The Committee provides 
$8,400,000 for Regional Climate Services, of which not less 
than $1,000,000 shall be used to support critical international 
partnerships including the Global Climate Observing System.

                       NOAA-WIDE PROGRAM SUPPORT

    The Committee's recommendation provides $432,394,000 for 
NOAA-wide program support. These programs provide for overall 
NOAA management, including staffing of the Under Secretary's 
office and services to NOAA and DOC field offices through the 
regional Administrative Support Centers. These programs also 
support NOAA's Education Office consistent with the 
recommendations of the Joint Ocean Commission. The facilities 
subactivity provides for repair and maintenance to existing 
facilities, facilities planning and design, and environmental 
compliance. The Office of Marine and Aviation Operations 
provides aircraft and marine data acquisition, repair, and 
maintenance of the existing fleet, planning of future 
modernization, and technical and management support for NOAA-
wide activities through the NOAA Commissioned Officer Corps.
    Committee recommendations are displayed in the following 
table:

          PROGRAM SUPPORT OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Corporate Services:
    Under Secretary and Associate Offices Base........            13,700
    Facilities........................................            24,500
    NOAA Wide Corporate Services and Agency Management           115,000
    DOC Accounting System.............................             9,733
    IT Security.......................................             8,431
    DOC Working Capital Fund..........................            37,074
                                                       -----------------
      Total, Corporate Services.......................           208,438
                                                       =================
NOAA Education Program:
    Competitive Educational Grants....................             6,200
    Educational Partnership Program/Minority Serving              14,000
     Institutions [EPPMSI]............................
    BWET Regional Programs............................             7,500
                                                       -----------------
      Total, NOAA Education Program...................            27,700
                                                       =================
Fleet and Aircraft Operations:
    Marine Operations and Maintenance.................           166,015
    Aviation Services.................................            30,241
                                                       -----------------
      Total, Marine Operations and Maintenance........           196,256
                                                       =================
      GRAND TOTAL, PROGRAM SUPPORT....................           432,394
------------------------------------------------------------------------

    Corporate Services.--The Committee remains concerned about 
administrative costs incurred by NOAA's corporate staff and 
line offices, including regional and field offices. The 
Committee directs NOAA to include a report with the 2013 spend 
plan that identifies total NOAA administrative costs for fiscal 
years 2012 and 2013 for NOAA corporate staff and for each line 
office, including the Office of Marine and Aircraft Operations. 
The report shall also identify the administrative costs 
incurred by these organizational entities, as well as the field 
offices and financial management centers, for the standard 
administrative functions described above. Similar tables shall 
be included in all subsequent NOAA annual budget justifications 
provided to Congress.
    Education.--Within the funds provided for NOAA's Education 
Program, $6,200,000 is for competitive educational grants, of 
which $2,500,000 is to continue the ocean education 
partnerships and $2,000,000 is to improve geographic literacy 
in our Nation's schools by utilizing NOAA's national network of 
weather and environmental activities; $14,000,000 is for the 
educational partnership program with minority serving 
institutions; and a total of $7,500,000 is provided for Bay-
Watershed Education and Training regional programs.
    Justification Improvement.--NOAA is directed to continue to 
work with the Committee to reformat the budget justification 
into a more transparent, informative, and user-friendly 
document. The Committee also expects the justification to be 
submitted on time with the rest of the Department's 
justifications.
    Research and Development [R&D] Tracking and Outcomes.--The 
Committee directs NOAA to continue to: track the division of 
R&D funds between intramural and extramural research; assure 
consistency and clarity in the collection and reporting of 
data; clearly state expected research outcomes and available 
funding to provide transparency into the competitive grant 
process; and increase extramural research funding in future 
requests to build broad community support and leverage external 
funding for mission-oriented research.
    Marine and Aviation Operations.--Any decisions related to 
laying up any vessels, grounding any aircraft, or 
decommissioning any capital asset are subject to the standard 
reprogramming procedures set forth in section 505 of this act. 
As part of the 2013 spending plan, NOAA shall provide the 
Committee with an annual operational status of the fleet and 
aircraft in comparison to the previous fiscal year and 
delineate any charter funding within the agency's entire 
budget. Any changes from the spending plan shall also be 
subject to section 505 of this act. NOAA is further directed to 
provide the Committee with updated long-term management and 
acquisitions plans for the fleet and aircraft within 60 days of 
enactment of this act.
    As previously noted in the Department of Commerce hearing 
and in the fiscal year 2012 bill, the Committee continues to be 
concerned about the lack of resources and data provided by NOAA 
in the Northern Gulf of Mexico after the Deepwater Horizon 
incident. Of particular note, NOAA has proposed to move 
maritime assets from the region. Due to the void of ocean and 
coastal data and the unknown extent of the aftermath of the 
incident that still exists, the Committee encourages NOAA to 
reassess moving assets from the region and to re-evaluate the 
lack of resources for the region.

               PROCUREMENT, ACQUISITION, AND CONSTRUCTION

Appropriations, 2012....................................  $1,817,094,000
Budget estimate, 2013...................................   1,965,736,000
Committee recommendation................................     217,619,000

    The Committee's recommendation provides $217,619,000 for 
NOAA's procurement, acquisition, and construction. The 
recommendation is $1,599,475,000 below the fiscal year 2012 
enacted level and $1,748,117,000 below the budget request.
    Committee recommendations are displayed in the following 
table:

                PROCUREMENT, ACQUISITION AND CONSTRUCTION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
National Ocean Service:
    Coastal and Estuarine Land Protection Program....             3,000
    National Estuarine Research Reserve Construction              1,700
     and Land Acquisition............................
    Marine Sanctuaries Construction/Acquisition......             5,000
                                                      ------------------
      Total National Ocean Service--PAC..............             9,700
                                                      ==================
Ocean and Atmospheric Research:
    Research Super Computing.........................            10,379
                                                      ==================
National Weather Service:
    ASOS.............................................             1,635
    AWIPS............................................            20,592
    Cooperative Observer Network Modernization.......             3,700
    NWSTG Legacy Replacement.........................             8,185
    Radiosonde Network Replacement...................             4,014
    Weather and Climate Supercomputing...............            38,169
    Complete and Sustain NOAA Weather Radio..........             5,594
    Ground Readiness Project.........................            12,400
    WFO Construction.................................             3,150
                                                      ------------------
      Total, National Weather Service--PAC...........            97,439
                                                      ==================
National Environmental Satellite, Data and
 Information Services:
    Geostationary Systems [GOES-N]...................            29,900
    Polar Orbiting Systems [POES]....................            32,241
    Satellite Requirements and Integration...........            13,430
    CIP--single point of failure.....................             2,772
    NPP Data Exploration.............................             4,455
    EOS and Advanced Polar Data Systems..............               990
    Satellite CDA Facility...........................             2,228
    CLASS............................................             6,476
                                                      ------------------
      Total, NESDIS--PAC.............................            92,492
                                                      ==================
Program Support:
    Vessel Equip. and Tech Refresh...................            11,712
    New Vessel Construction..........................             2,897
                                                      ------------------
      Total, Program Support--PAC....................            14,609
                                                      ==================
Unobligated balances from prior years................            [7,000]
                                                      ------------------
      GRAND TOTAL, PAC...............................           217,619
------------------------------------------------------------------------

    NOAA Satellites.--NOAA's satellite acquisition budget has 
grown considerably over the past few years and currently 
comprises 37 percent of the agency's overall budget request in 
2013. Increases in satellite costs have a direct impact on 
NOAA's total budget allocation and have started to erode 
funding for other obligations at NOAA, especially ocean and 
weather operations.
    The Committee provided direction in the fiscal year 2012 
bill that framed satellite acquisition spending, highlighting 
the fact that the current fiscal climate could not sustain an 
insatiable spending appetite. Yet, the fiscal year 2013 budget 
request shows that the total lifecycle costs for Joint Polar 
Satellite System [JPSS] have increased by $1,000,000,000 from 
$11,900,000,000 to $12,900,000,000. The latest independent cost 
estimate actually projected the new total to be 
$16,100,000,000.
    In an effort to curb costs and instill confidence in the 
new $12,900,000,000 figure, NOAA proposed to terminate more 
sensors from the JPSS program. The plan for the original 
national polar satellite program called for two satellites with 
the option of four more, 13 different types of sensors, and in 
three orbits. Today, the proposed program is down to two 
satellites, one orbit, and five different types of sensors, and 
the costs have increased. NOAA is running out of sensors and 
satellites to cut, and at this rate JPSS-1 will launch in 2017 
with an empty spacecraft bus. This new cost overrun is 
unacceptable and shows that JPSS is going in the wrong 
direction.
    The Committee's fiscal year 2012 bill fully funded the 
requested level for the next generation of geostationary 
weather satellites and kept the program on schedule and within 
budget. A recently passed critical design review incorporated 
many lessons-learned from the failed National Polar-Orbiting 
Operational Environmental Satellite System showing that recent 
acquisition problems would not be repeated. However, even 
though the fiscal year 2013 request is an expected increase 
following the anticipated procurement profile, the 
administration cannot clearly articulate the current program of 
record. The Department and NOAA cannot provide the Committee 
with an independent cost estimate for GOES-R and GOES-S to 
justify the additional $186,000,000 requested in fiscal year 
2013.
    The administration clearly does not have a long-term 
financial plan to better manage overall satellite costs with 
regard to NOAA's entire portfolio, and the new prospectus 
leaves the Committee with little confidence in the agency's 
ability to avoid any gaps in weather coverage from satellite 
data. The added layer of alleged oversight at the Department 
level only adds to the communication disconnect and complicates 
the decisionmaking process. Overall cost increases, the lack of 
accounting transparency, the added government bureaucracy, and 
the duplicative management overhead have all led the Committee 
to question whether NOAA should remain in the satellite 
building business.
    Therefore, the Committee transitions NOAA's entire 
satellite acquisition portfolio to NASA under a new account 
called Operational Satellite Acquisition. NASA is already 
managing the acquisition contracts for NOAA and is the 
established link with the government contractors. By 
eliminating NOAA and the Department as the middle brokers, the 
taxpayers can save roughly $117,000,000 in fiscal year 2013 
alone while retaining some funding in NOAA within a new 
Satellite Requirements and Integration line to preserve the 
agency's role as the provider of requirements-based input to 
NASA's procurement process.
    The transition of these satellite systems from NASA back to 
NOAA is at the ground system level, when the satellites have 
successfully launched into orbit and complete positive system 
checks. NOAA has shown strong leadership in: operating 
environmental satellites; acquiring, processing and 
disseminating data; and maintaining a proper data archive. 
Prior to the transition of completed satellite systems to NOAA, 
NASA shall oversee the ground station procurement, but the 
Committee realizes that system testing and data integration on 
the part of NOAA will be necessary. The Committee directs the 
Office of Science and Technology Policy to work with OMB to 
provide recommendations on delineating the proper breakout of 
funding between NOAA and NASA in the fiscal year 2014 budget 
request.
    Data Management.--The Committee notes the significant 
increase of NOAA satellite data from the Suomi National Polar-
Orbiting Partnership satellite and the anticipated increase 
from planned satellite missions, and directs NOAA to develop a 
plan within 90 days of enactment of this Act, identifying 
preparations and enhancements that need to be made to 
accommodate the increased volume of satellite data.
    NOAA Satellite Reporting.--The Committee directs NOAA to 
provide quarterly programmatic and procurement status reports 
of all satellites actively flying and under development unless 
any reprogramming, system failure, or other extraordinary 
circumstance warrants an immediate update.

                  PACIFIC COASTAL SALMON RECOVERY FUND

Appropriations, 2012....................................     $65,000,000
Budget estimate, 2013...................................      50,000,000
Committee recommendation................................      65,000,000

    The Committee's recommendation provides $65,000,000 for the 
Pacific Coastal Salmon Recovery Fund. The recommendation is the 
same as the fiscal year 2012 level and $15,000,000 above the 
budget estimate. Funds are for conservation and restoration of 
Pacific salmon populations. State and local recipients of this 
funding will provide matching contributions of at least 33 
percent of Federal funds. In addition, funds will be available 
to tribes, which do not require matching dollars.

                      FISHERMAN'S CONTINGENCY FUND

Appropriations, 2012....................................        $350,000
Budget estimate, 2013...................................         350,000
Committee recommendation................................         350,000

    The Committee's recommendation provides $350,000 for the 
Fisherman's Contingency Fund. The recommendation is the same as 
the fiscal year 2012 enacted level and the same as the 
President's request.

                   FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2012....................................    -$11,000,000
Budget estimate, 2013...................................      -4,000,000
Committee recommendation................................      -4,000,000

    The Committee recommends that direct loans administered 
through this account for individual fishing quotas may not 
exceed $24,000,000 and traditional direct loans may not exceed 
$59,000,000.

                                 OTHER


                        Departmental Management


                         SALARIES AND EXPENSES

Appropriations, 2012....................................     $57,000,000
Budget estimate, 2013...................................      56,000,000
Committee recommendation................................      56,000,000

    The Committee's recommendation provides $56,000,000 for 
Departmental Management Salaries and Expenses. The 
recommendation is $1,000,000 below the fiscal year 2012 enacted 
level and the same as the budget request.
    Within Departmental Management, the Salaries and Expenses 
account provides funding for the Secretary, Deputy Secretary, 
and support staff. Responsibilities involve policy development 
and implementation affecting United States and international 
activities, as well as establishing internal goals and 
operations of the Department.
    Information Technology.--The Department of Commerce is 
directed to take proper stock of all information technology 
investments and to identify and adopt best practices, such as 
those identified by GAO in an October 2011 report, GAO-12-7, to 
encourage proper management of these investments.
    Business USA.--The Committee is supportive of the 
administration's request to continue Business USA--an 
initiative designed to streamline government bureaucracy and 
create one-stop shops for business assistance. These operations 
are providing companies with free assessments and referrals to 
the more than 70 Department of Commerce business-related 
programs, as well as other government and non-profit services 
and programs. The Committee provides bill language allowing the 
Secretary more flexibility to enter into office space 
agreements with Business USA partners.
    Small Business Innovation Research [SBIR].--The Committee 
recognizes the important successes SBIR programs make in 
helping domestic small businesses to commercialize federally 
funded research and development projects. The Committee 
therefore directs the Department of Commerce to place an 
increased focus on awarding SBIR awards to firms with fewer 
than 50 employees.
    Improper Payments.--Supporting recommendations made by the 
Inspector General on ways DOC can strengthen its improper 
payment practices and reporting, the Committee directs the 
department to expand the scope of its review of grants and 
contracts to include those for which the period of performance 
ended and last payment was made, but for which the closeout 
process has not been completed. The lack of timely closeout 
reviews for grants means DOC might not be identifying and 
recapturing improper payments quickly enough. The department is 
also directed to adopt the Office of Management and Budget's 
updated lower criteria of testing single payments to $5,000 for 
an individual and $25,000 for an entity for high-risk programs. 
Currently DOC only tests single payments greater than $100,000. 
By lowering the threshold, agencies have a better chance of 
detecting and recouping more improper payments.

                      RENOVATION AND MODERNIZATION

Appropriations, 2012....................................      $5,000,000
Budget estimate, 2013...................................       2,040,000
Committee recommendation................................       2,040,000

    The Committee recommendation provides $2,040,000, which is 
$2,960,000 below the fiscal year 2012 enacted level and the 
same as the budget request, for building renovation at the 
Department of Commerce.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2012....................................     $26,946,000
Budget estimate, 2013...................................      28,753,000
Committee recommendation................................      28,753,000

    The Committee's recommendation provides $28,753,000 for the 
Inspector General. The recommendation is $1,807,000 above the 
fiscal year 2012 enacted level and same as the budget request.
    In addition to funds provided under this heading, the 
Committee has recommended a transfer to the Inspector General 
of: $2,000,000 from the U.S. Patent and Trademark Office; 
$500,000 from the National Oceanic and Atmospheric 
Administration; and $1,000,000 from the Census Bureau for 
oversight and audits of those activities.
    Working Capital Fund Audits.--The Committee directs the 
Inspector General to audit the Department's working capital 
funds, which include those available to National Institute of 
Standards and Technology, the Office of Secretary, and the 
Census Bureau. These funds do not receive direct appropriations 
but are funded from component budgetary resources using various 
reimbursement formulas. Reimbursements are generally supported 
by agreements with bureau components regarding the extent of 
funding to be provided. Several bureaus also have appropriation 
language that limits the level of funding to be provided to an 
individual fund. The objective of the audit will be to evaluate 
the budgetary controls over all of the Department's working 
capital funds. The Inspector General shall assess: the controls 
in place to develop reimbursement formulas; the relationship of 
reimbursements to client services; the appropriateness of the 
level of fund balances; and the extent of compliance with 
appropriation language.

               General Provisions--Department of Commerce

    Section 101 makes Commerce Department funds available for 
advanced payments only upon certification of officials 
designated by the Secretary that such payments are considered 
to be in the public interest.
    Section 102 makes appropriations for salaries and expenses 
available for the hire of passenger motor vehicles, and for 
services, uniforms, and allowances as authorized by law.
    Section 103 provides the authority to transfer funds 
between Department of Commerce accounts. The provision makes 
transfers subject to the Committee's standard reprogramming 
procedures.
    Section 104 provides that any cost resulting from personnel 
actions shall be absorbed by the affected Department or Agency.
    Section 105 extends congressional notification requirements 
for the NOAA satellite programs.
    Section 106 provides authority for the Secretary of 
Commerce to furnish certain services within the Herbert C. 
Hoover Building.
    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 NOAA the authority to share resources 
with entities outside the agencies.
    Section 109 continues management of highly migratory fish 
stocks.

                                TITLE II

                         DEPARTMENT OF JUSTICE

    The Committee recommends a total of $27,828,278,000 for the 
Department of Justice [DOJ]. The recommendation is $420,565,000 
above the fiscal year 2012 funding level and $365,000,000 above 
the budget request. The recommended amount includes 
$365,000,000 in discretionary funding that the administration 
had proposed as mandatory spending. Funding recommendations for 
the Department's classified programs are detailed in the 
classified annex accompanying this report. The Committee 
recommendation makes tough decisions regarding funding for the 
Department's critical ongoing missions and activities to 
protect the safety, security, and rights of our citizens.
    The Committee must provide the Federal Bureau of Prisons 
and the United States Marshals Service's Federal Prisoner 
Detention program an increase of more than $356,000,000 above 
the fiscal year 2012 level to safely guard the Nation's growing 
Federal prison inmate and detention populations. While these 
activities are not considered mandatory for budget purposes, 
they are not truly discretionary in that the Committee has an 
obligation to adequately fund them regardless of budgetary 
constraints. Given the limited flexibility of the Federal 
prison and detention budget requests, and unless the inmate 
populations experience unforeseen decreases, the day may be 
approaching when Federal prison and detention demands swallow 
the Justice Department's budgetary resources.
    Financial and Mortgage Fraud.--The Committee strongly 
supports the Department's efforts to go after the schemers and 
scammers who prey on hardworking American families, and 
destabilize our neighborhoods and financial markets. The 
recommendation provides the requested increase of $70,680,000, 
for a total of $747,352,000, to combat economic fraud and white 
collar crime. Within this amount, the Committee provides the 
requested increase of $55,000,000 and 328 new positions, 
including 40 new Federal Bureau of Investigation [FBI] agents, 
184 new attorneys, 49 new in-house investigators, 31 new 
forensic accountants, 16 new paralegals and 8 new support 
staff. These funds and positions will be disbursed among the 
FBI, the U.S. Attorneys [USAs], and the Department's legal 
divisions to investigate and prosecute the most complex 
financial fraud, such as securities and commodities fraud and 
investment scams, and mortgage foreclosure schemes.
    Emmett Till Unsolved Civil Rights Crime Act.--The Committee 
fully supports the goals of the Emmett Till Unsolved Civil 
Rights Crime Act of 2007 (Public Law 110-344) to investigate 
and prosecute previously unresolved civil rights era ``cold 
case'' murders suspected of having been racially motivated, 
through a partnership among the Civil Rights Division [CRT], 
the FBI, and the Community Relations Service [CRS], as well as 
with State and local grant resources. In the Third Annual 
Report to Congress Pursuant to the Emmett Till Unsolved Civil 
Rights Crimes Act of 2007, DOJ reported the conclusion of 79 of 
111 cold cases involving 124 victims. To continue supporting 
Emmett Till activities, the Committee recommends provides full 
funding of the administration's base request, as follows: up to 
$1,645,000 for the CRT under the umbrella of CRT's Cold Case 
Initiative; up to $2,030,000 for the FBI to pursue Emmett Till 
Act cold cases; and up to $250,000 for the CRS to partner with 
law enforcement agencies and communities to help resolve 
conflicts resulting from the investigation of unsolved civil 
rights era cases. Additionally, the Committee directs the 
National Institute of Justice [NIJ] and the Bureau of Justice 
Assistance [BJA] to continue providing grants for cold case DNA 
investigations to help State and local law enforcement agencies 
investigate and prosecute unsolved civil rights cold cases.
    Program Terminations, Reductions and Consolidations.--The 
Committee took unprecedented steps in the fiscal year 2012 
enacted spending bill and the fiscal year 2013 recommendation 
to, where possible, find cost savings by terminating, reducing 
or consolidating discretionary programs at the Department of 
Justice in an effort to spending and eliminate duplication.
    The fiscal year 2012 Consolidated and Further Continuing 
Appropriations Act took the following steps:
  --Eliminated funding for the Drug Enforcement Administration 
        [DEA] Mobile Enforcement Teams [METs] for a savings of 
        $39,117,000 annually;
  --Closed the National Drug Intelligence Center [NDIC], which 
        had an annual budget that peaked at $44,000,000;
  --Transferred the Office of Dispute Resolution to the Office 
        of Legal Policy;
  --Reduced the construction budget for the FBI by $26,113,000;
  --Provided no funds for the Bureau of Alcohol, Tobacco, 
        Firearms and Explosives [ATF] construction budget;
  --Further reduced the United States Marshals Service [USMS] 
        construction budget to the point where the account had 
        decreased by 44 percent, from $26,625,000 in fiscal 
        year 2010 enacted to $15,000,000 in fiscal year 2012 
        enacted;
  --Reduced allocations for official representation funds by 25 
        percent Department-wide;
  --Consolidated four grant programs administered by the Office 
        on Violence Against Women [OVW] that focused on 
        prevention and intervention services for children and 
        youth victims of domestic violence, dating violence, 
        sexual assault and stalking into one consolidated 
        youth-oriented program;
  --Merged grants for the Child Sexual Predator program and Sex 
        Offender Management with Adam Walsh Act Implementation;
  --Reduced funding for State and Local Law Enforcement grants 
        by $631,801,000, or 23 percent, including reductions of 
        $5,163,000, or over 1 percent, for OVW grants; 
        $7,904,000, or 16.5 percent, for the National Institute 
        of Justice; $296,433,000, or 60 percent, for Community 
        Oriented Policing Services [COPS] programs; 
        $96,042,000, or 21 percent, for the Edward Byrne 
        Memorial Grant Program; and $12,923,000, or 5 percent, 
        for juvenile justice grants administered by the Office 
        of Juvenile Justice and Delinquency Prevention [OJJDP]; 
        and
  --Eliminated seven DOJ grant programs, including the National 
        Tribal Sex Offender Registry, State Automated Victim 
        Notification [SAVIN], Training for Probation and Parole 
        Officers, Stalker Database, Closed Circuit Television 
        Grants, Safe Start, and the Secure Our Schools Act.
    The Committee's fiscal year 2013 recommendation builds on 
the steps taken in the previous fiscal year by implementing the 
following funding reductions for DOJ's discretionary programs 
or streamlining operations:
  --Reduces the USMS construction budget by another $5,000,000, 
        which means the account has decreased roughly 62 
        percent in a span of 3 years, from $26,625,000 in 
        fiscal year 2010 to $10,000,000 in the Committee's 
        recommendation;
  --Eliminates funding for the National Gang Intelligence 
        Center [NGIC] for a savings of $7,826,000 annually;
  --Finalizes the closure of the NDIC, for a savings of $20 
        million;
  --Rescinds $1,000,000 from the ATF's Violent Crime Reduction 
        Program;
  --Consolidates two OVW-administered programs--Safe Havens and 
        Court Training and Improvements--into one Family Civil 
        Justice Program;
  --Eliminates funding for five programs, including NIJ 
        Domestic Radicalization Research, Presidential 
        Nominating Conventions, Prescription Drug Monitoring, 
        Prison Rape Prevention and Prosecution, and Missing 
        Alzheimer's Patients grants;
  --Moves Federal detention functions under the management of 
        USMS leadership, which will provide at least $5,000,000 
        in savings in the first year; and
  --Realigns funding under the management of the FBI for the 
        Department's Radio/Interoperability program for Federal 
        law enforcement components.
    Permanent Provisions.--Four provisions carried annually in 
previous acts are not included in the fiscal year 2013 bill 
because they were made permanent law in the fiscal year 2012 
Consolidated and Further Appropriations Act (Public Law 112-
55). From the ATF funding paragraph, the provisions made 
permanent were the firearms database prohibition, the gun trace 
data restrictions (known as the Tiahrt amendment), and the 
information retrieval prohibition. From Title V--General 
Provisions of division B of Public Law 112-55, the provision 
made permanent was section 511, the FBI's National Instant 
Check System [NICS] restriction.
    Eliminating Duplication and Improving Efficiencies in DOJ 
Grants.--The Committee believes that, as the United States 
experiences budgetary constraints, there is an ever-increasing 
need to ensure that governmental resources, including those 
awarded through grants and subgrants, are appropriately 
targeted and that unnecessary duplication is mitigated. This 
was evident during the Committee's March 8, 2012, hearing on 
DOJ's fiscal year 2013 budget request, when several members of 
the Committee noted the recommendations regarding DOJ grants 
programs for crime prevention, law enforcement, and crime 
victim services that were included in GAO's 2012 Annual Report: 
``Opportunities to Reduce Duplication, Overlap and 
Fragmentation, Achieve Savings, and Enhance Revenue''.
    GAO found that 56 of DOJ's 253 fiscal year 2010 grant 
solicitations, or more than 20 percent, were providing grant 
funds that could be used for victim assistance. In addition, 
more than 50 percent of all grant solicitations provided 
funding that could be used in support of the same three justice 
areas--victim assistance, technology and forensics, and 
juvenile justice--indicating concentrated and overlapping 
efforts. Additionally, GAO found that, as established in 
statute, some of the grant programs administered by OJP, OVW, 
and the COPS Office are similar in scope and grant applicants 
can apply for and receive grant awards from more than one 
program. Moreover, grant recipients may choose to award a 
portion of their grant to subgrantees. These subgrantees may 
also apply directly to Justice for funding through other grant 
programs for the same or similar purposes. The number of grant 
programs and recipients, and the billions of dollars in funds 
awarded annually, present administrative challenges for 
Justice.
    Therefore, as requested at the Committee's DOJ budgetary 
oversight hearing, the Attorney General shall follow GAO's 
recommendations and report to the Committee within 120 days of 
enactment of this act on the following:
  --Conduct an assessment to better understand the extent to 
        which DOJ grant programs overlap with one another and 
        determine if grant programs may be consolidated to 
        mitigate the risk of unnecessary duplication. To the 
        extent that DOJ identifies any statutory obstacles to 
        consolidating its grant programs, it should work with 
        Congress to address them, as needed; and
  --Direct granting agencies to coordinate with one another on 
        a consistent basis to review potential or recent grant 
        awards, including subgrant awards reported by DOJ prime 
        grant awardees, to the extent possible, before awarding 
        grants. This could help ensure an accurate 
        understanding of DOJ resources already provided to 
        applicants and the communities they serve, as well as 
        knowledge of those applicants proposing to carry out 
        the same or similar activities with funds from one or 
        more of the granting agencies' programs. The Department 
        should also take steps to establish written policies 
        and procedures to govern this coordination and help 
        ensure that it occurs.

                         General Administration


                         SALARIES AND EXPENSES

Appropriations, 2012....................................    $110,822,000
Budget estimate, 2013...................................     127,667,000
Committee recommendation................................     127,667,000

    The Committee's recommendation provides $127,667,000 for 
General Administration salaries and expenses. The 
recommendation is $16,845,000 above the fiscal year 2012 
enacted level and equal to the budget request.
    The General Administration account provides funding for 
senior policy officials responsible for Departmental management 
and policy development. The specific offices funded by this 
account include the following: the immediate Office of the 
Attorney General; the immediate Office of the Deputy Attorney 
General; the immediate Office of the Associate Attorney 
General; Office of Legal Policy; Office of Public Affairs; 
Office of Legislative Affairs; Office of Professional 
Responsibility; Office of Intergovernmental and Public Liaison; 
and the Justice Management Division.
    Prison Rape Elimination.--The Committee continues to have 
grave concerns that, after an inexcusable delay of nearly 3 
years, DOJ has yet to issue the final, mandatory rape-
prevention policies for Federal prisons and State correctional 
institutions that receive Federal dollars. The proposed rules 
issued by DOJ last spring, and now being considered by the 
Office of Management and Budget [OMB], included more effective 
ways to investigate alleged attacks, report assaults, and 
improve medical and psychiatric help for victims. The Committee 
expects the Department to publish, prior to the end of fiscal 
year 2012, a final rule adopting national standards for the 
detection, prevention, reduction and punishment of prison rape 
as mandated by the Prison Rape Elimination Act [PREA] of 2003. 
Upon adoption of the national standards, the Committee will 
revisit how the Department will 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 PREA national 
standards.
    In addition to the protracted delay in publishing the final 
rule, the Committee notes that, unfortunately, the proposed 
rules failed to end the practice of housing children and youths 
in adult prisons or jails, a practice that was recommended for 
elimination in the final report and proposed standards by the 
National Prison Rape Elimination Commission. The concerns about 
risks youths face when housed in adult jails and prisons was 
one of the driving factors behind PREA. The Commission found 
that the 10,000 juveniles ages 18 and under incarcerated on any 
given day in adult jails and prisons are at the highest risk 
for sexual abuse and victimization by peers, older inmates, and 
staff compared to other incarcerated groups. Because of the 
extreme risk of sexual victimization for youths in adult 
facilities, the Committee strongly urges the Department to 
protect young people in the justice system by banning the 
placement of youths in adult jails and prisons, and mandate in 
the final rule that individuals under the age of 18 be held 
separately from the general offender population.
    Review of DOJ's Polices on Legal Representation for 
Employees.--The Committee understands that the Justice 
Department has expended more than $1,800,000 in the defense of 
prosecutors who were under investigation for possible contempt 
of court charges arising from the conduct of the trial of the 
late Senator Ted Stevens. Some of these funds may have been 
expended after the decision was made not to charge the 
prosecutors with contempt in an attempt to argue that the 
report of a special counsel empanelled to investigate the 
allegations be kept secret. Additionally, some of these funds 
may have been expended on behalf of a deceased employee.
    The Committee directs the Government Accountability Office 
[GAO] to submit to the Committee a report reviewing the 
policies and practices of DOJ in paying or reimbursing the 
attorneys fees and costs of departmental employees in actions 
relating to this case, and allegations of contempt of court or 
prosecutorial misconduct, including an accounting of funds paid 
from calendar years 1997 to 2012. The report shall also 
evaluate the Department's performance in disciplining 
prosecutors who are found to have engaged in prosecutorial 
misconduct or contempt of court.
    While the Committee understands that the Department awaits 
the report from the Office of Professional Responsibility [OPR] 
before taking action, the Committee questions the judgment of 
the Department in placing the same prosecutors in leadership 
roles in high profile cases after the allegations were made 
public. Therefore, the Committee directs GAO to report also on 
all cases these prosecutors were involved in, their role in 
these cases, and the outcome.

                   NATIONAL DRUG INTELLIGENCE CENTER

Appropriations, 2012....................................     $20,000,000
Budget estimate, 2013...................................................
Committee recommendation................................................

    No funds are provided under this account for necessary 
expenses of the National Drug Intelligence Center [NDIC]. The 
enacted fiscal year 2012 spending bill included $20,000,000 to 
close the NDIC and reassign functions performed at NDIC to 
other entities if the continuation of such functions was 
determined to be necessary by the Attorney General. The 
Attorney General has, in fact, decided to continue operating 
the Document and Media Exploitation [DOMEX] and Strategic 
Intelligence programs within the Drug Enforcement 
Administration [DEA]. The Committee's recommendation includes 
the requested $8,000,000 for the DEA to carry out those former 
NDIC functions.

                 JUSTICE INFORMATION SHARING TECHNOLOGY

Appropriations, 2012....................................     $44,307,000
Budget estimate, 2013...................................      33,426,000
Committee recommendation................................      33,426,000

    The Committee's recommendation provides $33,426,000 for 
Justice Information Sharing Technology. The recommendation is 
$10,881,000 below the fiscal year 2012 enacted level and equal 
to the budget request.
    Cybersecurity.--The Committee's recommendation includes the 
requested increase of $15,174,000, for a total of $19,350,000, 
so that DOJ may continue to defend proactively against and 
respond to new and emerging cyber threats and attacks against 
DOJ's network infrastructure. The Committee supports the 
Department's efforts to better protect its networks and other 
information technology assets and expects that these resources 
will allow DOJ to maintain successful cybersecurity 
implementation as documented by its Federal Information 
Security Management Agency [FISMA] report card.

            TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

Appropriations, 2012....................................     $87,000,000
Budget estimate, 2013...................................................
Committee recommendation................................................

    No funds are provided under this account for Tactical Law 
Enforcement Wireless Communications. Instead, the Committee's 
recommendation supports the administration's proposal to 
provide funding for these purposes directly to the Federal law 
enforcement components that utilize the shared Integrated 
Wireless Network [IWN] system, and provides funding to the 
Federal Bureau of Investigation to manage operations and 
maintenance, and new solution development and implementation. 
Strategic planning, spectrum management, and oversight 
functions will remain the responsibility of the Justice 
Management Division.

                   ADMINISTRATIVE REVIEW AND APPEALS

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2012....................................    $305,000,000
Budget estimate, 2013...................................     313,438,000
Committee recommendation................................     313,438,000

    The Committee's recommendation provides $313,438,000 for 
Administrative Review and Appeals, of which $4,000,000 is a 
transfer from the U.S. Citizenship and Immigration Services 
[USCIS] Immigration Examiners Fee Account. The recommendation 
is $8,438,000 above the fiscal year 2012 enacted level and 
equal to the budget request.
    This account funds the Executive Office for Immigration 
Review [EOIR], including the Board of Immigration Appeals 
[BIA], immigration judges, and administrative law judges who 
decide through administrative hearings whether to admit or 
exclude aliens seeking to enter the country, and whether to 
deport or adjust the status of aliens whose status has been 
challenged. This account also funds the Office of the Pardon 
Attorney, which receives, investigates, and considers petitions 
for all forms of executive clemency.
    EOIR receives cases directly from Department of Homeland 
Security [DHS] enforcement personnel, in which the Federal 
Government is seeking the removal of immigrants who are in the 
United States without lawful status or who have committed some 
act, typically a criminal offense, that renders them removable. 
EOIR's immigration court caseload continues to increase as a 
result of heightened and border enforcement efforts. The 
caseload increased 43 percent between fiscal years 2004 and 
2011, growing from 300,000 to over 430,000 new matters for 
adjudication coming to EOIR for resolution each year. The 
number of new cases is expected to exceed 400,000 this year. As 
a consequence, case backlogs have continued to increase, 
resulting in more than 295,000 matters pending at the end of 
the first quarter of 2012. Additionally, the BIA receives more 
than 30,000 appeals per year. Court dockets have been stretched 
unacceptably far into the future, with most courts backlogged 
at least a year.
    Legal Orientation Program [LOP].--The Committee's 
recommendation includes $7,963,000, an increase of $1,963,000 
above fiscal year 2012, and equal to the budget request, for 
LOP to improve efficiencies in EOIR immigration proceedings. 
This program educates unrepresented immigrant detainees about 
their legal rights and responsibilities in removal proceedings. 
The increase will respond to elevated demand at existing 
detention facilities, and allow LOP to expand to six additional 
sites that do not currently provide any assistance for 
immigrant detainees. The Committee directs that attention be 
paid to geographic equity as LOP expands the reach of its 
services to additional detention centers. The Committee notes 
the particular need for legal services at more remote 
immigration detention sites that are far from legal service 
providers in urban centers.
    The Committee continues to expect that EOIR seek immigrant-
specific detention costs and duration of detention data from 
ICE in order to develop a more accurate estimate of the cost 
savings to the Federal Government provided by participation in 
the LOP. As it did in fiscal year 2012, EOIR will submit a 
report to the Committee providing such data, as well as an 
estimate of the cost savings generated by the LOP.
    The Committee's recommendation includes $2,000,000, as 
requested in the budget base for LOP, pursuant to the 
Trafficking Victims Protection Reauthorization Act of 2008 
(Public Law 110-457), for custodians of unaccompanied, 
undocumented children to address the custodian's responsibility 
for the child's appearance at all immigration proceedings, and 
to protect the child from mistreatment, exploitation, and 
trafficking.

                           DETENTION TRUSTEE

Appropriations, 2012....................................  $1,580,595,000
Budget estimate, 2013...................................................
Committee recommendation................................................

    No funds are provided under this account for the Office of 
the Federal Detention Trustee [OFDT]. Instead, the Committee's 
recommendation supports the administration's proposal to merge 
detention functions currently performed by the OFDT with the 
United States Marshals Service under a new Federal Prisoner 
Detention account.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2012....................................     $84,199,000
Budget estimate, 2013...................................      85,985,000
Committee recommendation................................      85,985,000

    The Committee's recommendation provides $85,985,000 for the 
Office of Inspector General [OIG]. The recommendation is 
$1,786,000 above the fiscal year 2012 enacted level and equal 
to the budget request.
    This account finances the activities of the OIG, including 
audits, inspections, investigations, and other reviews of 
programs and operations of the Department of Justice to promote 
economy, efficiency, and effectiveness, and to prevent and 
detect fraud, waste, and abuse, as well as violations of 
ethical standards arising from the conduct of Department 
employees in their numerous and diverse activities.

                    United States Parole Commission


                         salaries and expenses

Appropriations, 2012....................................     $12,833,000
Budget estimate, 2013...................................      12,772,000
Committee recommendation................................      12,772,000

    The Committee's recommendation provides $12,772,000 for the 
United States Parole Commission. The recommendation is $61,000 
below the fiscal year 2012 enacted level and equal to the 
budget request.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

Appropriations, 2012....................................    $863,367,000
Budget estimate, 2013...................................     903,603,000
Committee recommendation................................     903,603,000

    The Committee's recommendation provides $903,603,000 for 
General Legal Activities salaries and expenses. The 
recommendation is $40,236,000 above the fiscal year 2012 
enacted level and equal to the budget request.
    This appropriation funds the establishment of litigation 
policy, conduct of litigation, and various other legal 
responsibilities, through the Office of the Solicitor General, 
the Tax Division, the Criminal Division, the Civil Division, 
the Environmental and Natural Resources Division, the Civil 
Rights Division, the Office of Legal Counsel, INTERPOL 
Washington, and the Office of Dispute Resolution.
    Human Trafficking and Slavery.--The Committee directs the 
Department to maintain funding for the Human Trafficking and 
Slavery Prosecution Unit [HTSPU] in the Civil Rights Division 
at the fiscal year 2012 level of $5,300,000 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.
    Civil Rights.--The Committee supports the Civil Rights 
Division's requested increase of $5,072,335, for a total of 
$152,022,000, to restore its base capacity to enforce civil 
rights laws; expand its capacity to prosecute and provide 
litigation support for human trafficking, hate crimes and 
unsolved civil rights era crimes; carry out its 
responsibilities associated with the civil rights of 
institutionalized persons and the access rights of the 
disabled; and enhance the enforcement of fair housing and fair 
lending laws. In addition, as more U.S. military service 
members return from duty, the Civil Rights Division is 
protecting service members' rights in securing civil 
protections in such areas as housing and credit, employment, 
and voting rights, which will affect the Division's workload 
for the foreseeable future.
    Human Rights Crimes.--The Committee remains concerned by 
the large number of suspected human rights violators from 
foreign countries who have found safe haven in the United 
States, and directs the Criminal Division to continue 
increasing efforts to investigate and prosecute serious human 
rights crimes, including genocide, torture, use or recruitment 
of child soldiers, and war crimes. For this purpose, the 
Committee supports the $1,800,000 requested in the base for 
attorneys, analysts, and support personnel in the Criminal 
Division to investigate and prosecute individuals who violate 
Federal laws regarding serious human rights abuses.
    Intellectual Property [IP] Enforcement.--The Committee 
supports the Department's request of $9,772,000, an increase of 
$5,000,000 and 14 positions, to support the Criminal Division 
in combating international theft of IP. The request includes 6 
International Computer Hacking and Intellectual Property 
[ICHIP] coordinators located in strategic regions abroad to 
allow the Department to quickly identify, address, and stop 
increasing transnational IP crimes and threats.
    Combating Financial and Mortgage Fraud.--The Committee 
fully funds the Department's request of $99,198,000, an 
increase of $13,500,000 and 94 positions, including 57 new 
attorneys, 20 new professional support staff, 9 new in-house 
investigators/auditors, and 1 new financial analyst, for the 
Criminal, Civil, and Civil Rights Divisions to investigate and 
prosecute complex financial and mortgage fraud cases.

               THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2012....................................      $7,833,000
Budget estimate, 2013...................................       7,833,000
Committee recommendation................................       7,833,000

    The Committee's recommendation provides a reimbursement of 
$7,833,000 for legal costs. The recommendation is equal to the 
fiscal year 2012 enacted level and the budget request.
    This account covers Justice Department expenses associated 
with litigating cases under the National Childhood Vaccine 
Injury Act of 1986 (Public Law 99-660).

               SALARIES AND EXPENSES, ANTITRUST DIVISION

Appropriations, 2012....................................    $159,587,000
Budget estimate, 2013...................................     164,753,000
Committee recommendation................................     164,753,000

    The Committee's recommendation provides $164,753,000 for 
the Antitrust Division. The recommendation is $5,166,000 above 
the fiscal year 2012 enacted level and equal to the budget 
request. This appropriation is offset by $115,000,000 in pre-
merger filing fee collections, resulting in a direct 
appropriation of $49,753,000.

                        UNITED STATES ATTORNEYS

                         SALARIES AND EXPENSES

Appropriations, 2012....................................  $1,960,000,000
Budget estimate, 2013...................................   1,974,378,000
Committee recommendation................................   1,974,378,000

    The Committee's recommendation provides $1,974,378,000 for 
the Executive Office for United States Attorneys [EOUSA] and 
the 94 U.S. Attorneys' [USAs] offices. The recommendation is 
$14,378,000 above the fiscal year 2012 enacted level and equal 
to the budget request.
    As in past years, the Committee directs the USAs to focus 
their efforts on those crimes where the unique resources, 
expertise, or jurisdiction of the Federal Government can be 
most effective.
    Adam Walsh Act Implementation.--The Committee expects the 
EOUSA to continue to focus on investigations and prosecutions 
related to the sexual exploitation of children, as authorized 
by the Adam Walsh Child Protection and Safety Act of 2006, 
Public Law 109-248, and as part of Project Safe Childhood. Not 
less than $43,184,000 shall be available for this purpose in 
fiscal year 2013.
    Combating Financial and Mortgage Fraud.--The Committee's 
recommendation fully funds the Department's request of 
$300,838,352, an increase of $26,500,000 and 190 new positions, 
including 120 new attorneys, 20 new forensic accountants, 40 
new in-house investigators, and 10 new paralegals, to hold 
accountable criminals who perpetrate financial and mortgage 
fraud, deter future perpetrators of fraud, and recover monies 
stolen from the U.S. taxpayer. The USAs will expand criminal 
investigations and prosecutions of mortgage and financial 
fraud, predatory lending, financial fraud, and market 
manipulation matters. The USAs will also increase civil 
enforcement efforts to continue to obtain recoveries from 
individuals and companies that have defrauded the government by 
violating the terms of Federal contracts, grants, loans, and 
subsidies.
    Human Trafficking.--The Committee expects the EOUSA, in 
consultation with the USAs, to continue designating a point of 
contact in each U.S. Attorney office who shall serve as the 
coordinator for all activities within that office concerning 
human trafficking and slavery matters covered by the 
Trafficking Victims Protection Act. Designating a point of 
contact improves communication and coordination within each 
jurisdiction, including with victim service organizations, in 
order to better serve the victims of human trafficking and 
slavery.
    Intellectual Property Rights [IPR] Enforcement.--The 
Committee expects the Department to continue to make IPR 
enforcement an investigative and prosecutorial priority for 
Federal prosecutors. The Committee notes and commends the 
Department for high-level recent indictments related to such 
violations of Federal law.

                   UNITED STATES TRUSTEE SYSTEM FUND

Appropriations, 2012....................................    $223,258,000
Budget estimate, 2013...................................     227,407,000
Committee recommendation................................     227,407,000

    The Committee's recommendation provides $227,407,000 for 
the U.S. Trustee System Fund. The recommendation is $4,149,000 
above the fiscal year 2012 enacted level and equal to the 
budget request. The appropriation is offset by $226,407,000 in 
fee collections and $1,000,000 derived from interest on 
investments in U.S. securities, resulting in a direct 
appropriation of $0, which is equal to the budget request.
    The United States Trustee Program, authorized by 28 U.S.C. 
581 et seq., is the component of the Justice Department with 
responsibility for protecting the integrity of the bankruptcy 
system by overseeing case administration and litigation to 
enforce the bankruptcy laws. In fiscal year 2013, the U.S. 
Trustee Program will participate in an estimated 1.5 million 
business and consumer bankruptcy case filings.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2012....................................      $2,000,000
Budget estimate, 2013...................................       2,139,000
Committee recommendation................................       2,139,000

    The Committee's recommendation provides $2,139,000 for the 
Foreign Claims Settlement Commission. The recommendation is 
$139,000 above the fiscal year 2012 enacted level and equal to 
the budget request.
    The Foreign Claims Settlement Commission settles claims of 
American citizens arising from nationalization, expropriation, 
or other takings of their properties and interests by foreign 
governments.

                     FEES AND EXPENSES OF WITNESSES

Appropriations, 2012....................................    $270,000,000
Budget estimate, 2013...................................     270,000,000
Committee recommendation................................     270,000,000

    The Committee's recommendation provides $270,000,000 for 
fees and expenses of witnesses. The recommendation is equal to 
the fiscal year 2012 enacted level and the budget request.
    This appropriation, which is considered mandatory for 
scorekeeping purposes, provides for fees and expenses of 
witnesses who appear on behalf of the Government in cases in 
which the United States is a party, including fact and expert 
witnesses. These funds are also used for mental competency 
examinations, as well as witness and informant protection.
    Given the substantial resources provided in 2013 for the 
payment of fees and expenses of expert witnesses, the Committee 
expects that no funds will be expended for expert witness 
services from any DOJ accounts but Fees and Expenses of 
Witnesses.

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

Appropriations, 2012....................................     $11,456,000
Budget estimate, 2013...................................      12,036,000
Committee recommendation................................      12,036,000

    The Committee's recommendation provides $12,036,000 for the 
Community Relations Service [CRS]. The recommendation is 
$580,000 above the fiscal year 2012 enacted level and equal to 
the budget request.
    The Community Relations Service, established by title X of 
the Civil Rights Act of 1964, provides assistance to 
communities and persons in the prevention and resolution of 
disagreements arising from discriminatory practices.
    Hate Crimes Prevention.--Within the funds provided, the 
Committee supports the budget request of $2,140,000 to handle 
an increase in workload and responsibilities stemming from 
passage of the Matthew Shepard and James Byrd, Jr., Hate Crimes 
Prevention Act [HCPA] (Public Law 111-84). The HCPA has greatly 
expanded CRS's mandate, requiring that it help communities 
prevent and respond to violent hate crimes committed on the 
basis of gender, gender identity, sexual orientation, religion, 
and disability, in addition to race, color, and national 
origin. These enhancements will maximize CRS crisis response 
nationwide and enable it to fulfill both its original mandate 
and expanded mandate under the HCPA.

                         ASSETS FORFEITURE FUND

Appropriations, 2012....................................     $20,948,000
Budget estimate, 2013...................................      20,948,000
Committee recommendation................................      20,948,000

    The Committee's recommendation provides $20,948,000 for the 
Assets Forfeiture Fund [AFF]. The recommendation is equal to 
both the fiscal year 2012 enacted level and the budget request.
    The AFF provides funds for qualifying expenses of Federal 
law enforcement agencies and their State or local partners. 
Funds for these activities are provided from receipts deposited 
in the AFF resulting from the seizure and liquidation of 
assets. Expenses related to the management and disposal of 
assets are also provided from the AFF by a permanent indefinite 
appropriation.

                     United States Marshals Service

Appropriations, 2012....................................  $1,189,000,000
Budget estimate, 2013...................................   2,881,723,000
Committee recommendation................................   2,881,723,000

    The Committee recommendation provides a total of 
$2,881,723,000 for the United States Marshals Service [USMS]. 
The recommendation is $1,692,723,000 above the fiscal year 2012 
enacted level and equal to the budget request. The notable 
increase in the overall budget for the USMS stems from the 
Committee's support of the administration's proposal to move 
Federal detention functions under the management of Marshals 
leadership. Otherwise, the recommendation for the USMS salaries 
and expenses account includes no new initiatives and provides 
only the resources needed to continue core Marshals functions, 
and the construction account is reduced by $5,000,000 from the 
fiscal year 2012 level.

                         salaries and expenses

Appropriations, 2012....................................  $1,174,000,000
Budget estimate, 2013...................................   1,203,488,000
Committee recommendation................................   1,203,488,000

    The Committee's recommendation provides $1,203,488,000 for 
USMS salaries and expenses. The recommendation is $29,488,000 
above the fiscal year 2012 enacted level and equal to the 
budget request.
    The core mission of the USMS includes the apprehension of 
fugitives; protection of Federal court facilities, the 
judiciary, and witnesses; execution of warrants and court 
orders; and the custody and transportation of accused and 
unsentenced prisoners. In fiscal year 2011, the USMS 
apprehended more than 124,000 fugitives, a 3 percent increase 
over the previous year.
    Southwest Border Protection.--The Committee continues to 
support strongly USMS efforts to address violence and support 
immigration enforcement along the Southwest border. The 
Committee's recommendation provides the requested total of 
$151,902,000 to protect the Federal judiciary, witnesses, and 
prisoners involved in high-threat and high-profile trials 
relating to drug trafficking and gangs, and to handle increased 
workload due to immigration enforcement activities and violence 
on the Southwest border.
    Sex Offender Apprehension.--The Adam Walsh Child Protection 
and Safety Act of 2006 [AWA] (Public Law 109-248) gives the 
USMS the authority to treat convicted sex offenders who fail to 
register as fugitives. The act also directs the Marshals to 
assist jurisdictions in locating and apprehending these 
individuals. There are more than 100,000 non-compliant 
offenders in the United States.
    To date, the USMS has hired 160 new Deputy Marshals to 
assist States in locating and apprehending sex offenders who 
violate sex offender registration requirements. The Committee's 
recommendation fully funds the budget request of $53,479,000 to 
continue AWA implementation. However, the USMS estimates it 
needs a dedicated force of at least 500 Deputy Marshals to 
expand AWA enforcement activities in districts across the 
country.
    The funds provided will also continue support for the 
National Sex Offender Targeting Center, improve the USMS 
information technology backbone, and reinforce infrastructure 
so that Deputy Marshals have timely, accurate investigative 
information to track down and arrest those who prey on our 
Nation's children.
    Leveraging Federal, State, Local, and Tribal Partnerships 
to Target Sex Offenders.--Many USMS investigations of non-
compliant and unregistered sex offenders involve multiple 
jurisdictions. One such partnership is Operation Last Frontier, 
launched by the USMS in 2010 in rural Alaska. Sexual assault 
rates in Alaska are 2.5 times the national average, with rural 
western Alaska accounting for nearly half of sexual assaults 
involving minors. Operation Last Frontier is a joint initiative 
between the USMS and Alaska State Troopers that combines law 
enforcement and community outreach aimed at training civilians 
to identify and notify law enforcement when sex crimes have 
occurred. Participants make regular visits to fishing 
encampments and village schools within 56 remote Native 
villages to develop trusting relationships with village elders 
and local residents in an effort to encourage them to report 
crimes against women and children. Non-compliant sex offenders 
in these remote areas are also targeted for arrest and 
prosecution.
    The partnership has resulted in over 500 compliance checks 
in western Alaska, including sex offenders in the most rural 
villages. These efforts have improved trust in law enforcement 
and officer safety for Deputy Marshals and Alaska State 
Troopers deployed in the region, as well as the successful 
monitoring and apprehension of sex offenders. The Committee 
encourages USMS to continue working with State, local, and 
tribal authorities to build relationships that help ensure 
sexual abuse and misconduct are properly reported, continue 
support for this innovative program, and to explore similar 
partnerships with additional partners.

                       FEDERAL PRISONER DETENTION

Appropriations, 2012....................................           (\1\)
Budget estimate, 2013...................................  $1,668,235,000
Committee recommendation................................   1,668,235,000

\1\In fiscal year 2012, $1,580,595,000 was provided under the heading 
``Detention Trustee''.

    The Committee's recommendation provides $1,668,235,000 for 
Federal Prisoner Detention [FPD]. In an effort to streamline 
operations, improve efficiencies, and render savings, the 
recommendation follows the fiscal year 2013 request to merge 
detention functions currently performed by the Office of the 
Federal Detention Trustee [OFDT] with the USMS under the new 
FPD account. The amount provided in the recommendation for FPD 
is $87,640,000 above the fiscal year 2012 enacted level for 
OFDT, and equal to the budget request. The merger is projected 
to achieve $5,562,000 in savings in the first year, and the 
Committee expects FPD to generate further savings in the out-
years.
    The merger of OFDT and the USMS will align the 
accountability of resources with the responsibility of Federal 
detention operations, streamline financial processes, and 
reduce bureaucracy, and allow detention personnel to continue 
to carry out the mission of finding efficiencies in the 
detention system but under a single command and control 
structure within USMS leadership. This will allow for 
efficiencies in human and physical capital, while maintaining 
the functions and expertise in detention management that have 
been developed over the last decade.
    The FPD appropriation will fund the mandatory costs of 
housing, transportation, medical care, and medical guard 
services for Federal detainees remanded to USMS custody to 
await Federal court appearances and actions. FPD is mandated to 
accept each detainee. FPD's resources are expended from the 
time a prisoner is brought into USMS custody through the 
termination of the criminal proceeding and/or commitment to the 
Federal Bureau of Prisons [BOP]. The fiscal year 2013 request 
and the Committee's recommendation reflect increasing costs of 
detention and a growing detention population.
    Most of the growth in the detention population in recent 
years is related to immigration and drug offenses. In order to 
reduce the detention population, there would need to be a 
reduction in the number of incoming detainees; however, based 
on current projections, FPD expects bookings for immigration 
offenses alone to increase to 87,500 in 2013, a growth of 3,500 
bookings or 4.2 percent over current levels. The Committee 
expects the merger to enhance the Department's ability to 
anticipate the true funding needs for this account in order to 
avoid funding shortfalls and the need for emergency 
reprogrammings to avert deficiencies. The Committee directs FPD 
to follow OFDT's practice and report to the Committee on a 
quarterly basis the number of individuals in the detention 
system, the projected number of individuals, and the annualized 
costs associated with them.

                              CONSTRUCTION

Appropriations, 2012....................................     $15,000,000
Budget estimate, 2013...................................      10,000,000
Committee recommendation................................      10,000,000

    The Committee's recommendation provides $10,000,000 for 
construction in space controlled, occupied, or utilized by the 
USMS in Federal courthouses and buildings, including but not 
limited to the creation, renovation, and expansion of prisoner 
movement areas, elevators, and other law enforcement and court 
security support space. The recommendation is $5,000,000 below 
the fiscal year 2012 enacted level, and equal to the budget 
request.
    The Committee notes that the recommendation will result in 
funding for this account dropping roughly 62 percent in a span 
of 3 years, from $26,625,000 in fiscal year 2010 to $10,000,000 
in the recommendation. The Committee has reduced these funds to 
be frugal, despite the USMS having approximately $44,000,000 in 
shovel-ready construction and/or renovation projects pending at 
Federal courthouses and buildings. These upgrades are essential 
for maintaining the security and safety of judicial officials, 
courtroom participants, the public, USMS personnel, and 
prisoners.

                       National Security Division


                         SALARIES AND EXPENSES

Appropriations, 2012....................................     $87,000,000
Budget estimate, 2013...................................      90,039,000
Committee recommendation................................      90,039,000

    The Committee's recommendation provides $90,039,000 for the 
National Security Division [NSD]. The recommendation is 
$3,039,000 above the fiscal year 2012 enacted level and equal 
to the budget request.
    The NSD coordinates the Department's national security and 
counterterrorism missions through law enforcement 
investigations and prosecutions, and handles counterespionage 
cases. The NSD works in coordination with the Federal Bureau of 
Investigation, the Intelligence Community, and the U.S. 
Attorneys. Its primary function is to prevent acts of terrorism 
and espionage from being perpetrated in the United States by 
foreign powers.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

Appropriations, 2012....................................    $527,512,000
Budget estimate, 2013...................................     524,793,000
Committee recommendation................................     524,793,000

    The Committee's recommendation provides $524,793,000 for 
Interagency Crime and Drug Enforcement. The recommendation is 
$2,719,000 below the fiscal year 2012 enacted level and equal 
to the budget request.
    The Interagency Crime and Drug Enforcement account funds 
the Organized Crime and Drug Enforcement Task Forces [OCDETF], 
which is the centerpiece of the Department's drug enforcement 
and counternarcotics efforts. The mission of OCDETF is to 
ensure a coordinated, multi-agency, intelligence-based, and 
prosecutor-led approach to identifying, disrupting, and 
dismantling those drug trafficking and money laundering 
organizations primarily responsible for the Nation's illicit 
drug supply and drug-related violence.
    Southwest Border Enforcement Initiative.--The Committee 
remains concerned about the continuing violence and crime on 
the Southwest border, and supports the Department's coordinated 
approach to addressing illegal narcotics and related criminal 
activities and violence there. A shrinking Federal budget means 
no significant expansion of or investment in the OCDETF program 
on the Southwest border. This will stagnate, but not eliminate, 
efforts to advance a single, coherent, and strategic plan that 
will provide for escalating enforcement and prosecutorial 
activities along the Southwest border and in interior regions 
of the United States affected significantly by Southwest border 
drug trafficking.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

Appropriations, 2012....................................  $8,036,991,000
Budget estimate, 2013...................................   8,151,021,000
Committee recommendation................................   8,151,021,000

    The Committee's recommendation provides $8,151,021,000 for 
the Federal Bureau of Investigation [FBI] salaries and 
expenses. The recommendation is $114,030,000 above the fiscal 
year 2012 enacted level and equal to the budget request.
    Five-year Budget.--Implementation of a multi-year budget 
planning approach has been urged by the Committee in the past, 
as well as by various external review groups, such as the 
National Academy for Public Administration. This approach will 
also allow the FBI to better participate in the Intelligence 
Community budget process, especially as the Federal budget is 
reduced. The Committee encourages the FBI to continue pursuing 
the 5-year budget within the administration.
    Electronic Surveillance Capabilities.--Changes in the 
volume and complexity of today's communications services and 
technologies present new and emerging challenges to law 
enforcement's ability to access, intercept, collect, and 
process wire or electronic communications to which they are 
lawfully authorized. To improve lawful electronic surveillance 
capabilities while also protecting privacy and civil liberties, 
the Committee recommendation provides $54,178,000, which is 
equal to both the request and the fiscal year 2012 enacted 
level. These funds will support the Domestic Communications 
Assistance Center, providing for increased coordination 
regarding lawful electronic surveillance amongst the law 
enforcement community and with the communications industry.
    Cybersecurity.--The Committee is concerned that the threat 
of cyber-related foreign intelligence operations to the United 
States is rapidly expanding. These cyber intrusions present a 
national security threat and have compromised thousands of 
computers on U.S. Government and private sector networks. The 
FBI is in a unique position to counter cyber threats as it is 
the only agency with the statutory authority, expertise, and 
ability to combine counterterrorism, counterintelligence, and 
criminal resources to neutralize, mitigate, and disrupt illegal 
computer-supported operations domestically.
    The Committee recognizes the FBI's efforts and recommends 
the full request of $136,100,000 for this effort, which 
sustains fiscal year 2012 enacted levels, to further the FBI's 
investigatory, intelligence gathering, and technological 
capabilities. These funds will support efforts by the 
Comprehensive National Cybersecurity Initiative [CNCI] to 
increase coverage of cyber-terrorist threats, and will allow 
the FBI's National Cyber Investigative Joint Task Force 
[NCIJTF] to ramp up to 24/7 operations. The NCIJTF plays an 
important role in coordinated national cybersecurity 
operations. Because threat actors operate globally, a 
significant volume of cyber threat activity occurs outside of 
normal business hours. The increasing need for real-time 
analysis to support operations and provide program management 
for multi-agency efforts requires the NCIJTF to boost its 
after-hours presence.
    Cyber Training for Field Agents.--The Committee expects the 
FBI to continue using, from within funds provided, $5,000,000 
for training for FBI cyber agents involved in national security 
intrusions cases. This will allow the FBI to continue 
increasing the number of cyber agents qualified to understand 
current techniques and tactics used by those engaged in illicit 
cyber activities, and keep abreast of emerging technologies 
that are used to overcome computer systems' defenses and to 
infiltrate networks, such as those of the U.S. Government, 
utility companies, defense contractors, and financial 
institutions.
    National Security Threats.--The Committee recommends the 
full request of $307,756,000 to support the FBI's critical 
national security efforts to conduct investigations to prevent, 
disrupt, and deter acts of terrorism. Funds will be used to 
address national security threats, and allow FBI field offices 
to develop and strengthen surveillance capabilities related to 
international terrorism, intelligence analysis, Legal Attache 
resources, and working partnerships with Federal, State, and 
local intelligence and law enforcement agencies.
    Financial and Mortgage Fraud.--The FBI continues to develop 
new approaches and techniques for detecting, investigating, and 
combating the highest impact and most complex financial 
crimes--corporate fraud, securities and commodities fraud, and 
mortgage fraud. The Committee's recommendation includes the 
requested program increases totaling $15,000,000 and 44 new 
positions, including 40 new special agents and 4 new forensic 
accountants, for a total of $162,103,000, to increase the FBI's 
ability to combat corporate fraud, securities and commodities 
fraud, and mortgage fraud at all levels of organizations, and 
will enable the FBI to adapt as new fraud schemes emerge. These 
resources will establish two hybrid squads to target the most 
complex financial crimes, provide expertise in analyzing and 
cross referencing complex financial documents, and increase 
case production by approximately 240 cases.
    The FBI identifies mortgage fraud as the top white collar 
crime problem in the United States. The Bureau is currently 
investigating nearly 3,000 mortgage fraud cases, compared to 
approximately 700 investigations in fiscal year 2005. Roughly 
72 percent of the FBI's pending investigations involve losses 
exceeding $1,000,000 per case. Suspicious Activity Reports 
[SARs] regarding mortgage fraud are at an all-time high of 
93,000. Efforts to combat mortgage fraud are paying off, 
however, as in 2011 cases successfully pursued by the FBI 
resulted in more than 1,200 indictments/informations and nearly 
2,000 convictions.
    Criminal Justice Information Services [CJIS] Division.--The 
Committee's recommendation provides $640,731,452, including fee 
collections, for the CJIS Division, including $278,077,852 in 
appropriated funds and $362,653,600 in user fees.
    Elimination of the National Gang Intelligence Center 
[NGIC].--The Committee's recommendation supports the 
administration's request to eliminate funding for and close the 
NGIC, which will provide a savings of $7,826,000 annually. Per 
the request, the Committee expects that the elimination of the 
NGIC will not hinder the ability to examine the threat posed to 
the United States by criminal gangs; rather, it will focus the 
sharing of intelligence at the field level, where intelligence 
sharing and coordination between DOJ agencies and State and 
local partners already exists. The FBI will continue to produce 
intelligence products in support of Federal, State, and local 
investigations focused on gangs posing a significant threat to 
communities.
    Law Enforcement Wireless Communications [LEWC].--The 
Committee's recommendation supports the request to realign the 
funding for the Department's Radio/Interoperability program, 
and provides a total of $95,900,000 for the FBI, DEA, ATF, and 
USMS to reinvest in modernization and cover base operations and 
management [O&M]. This change will generate savings and allow 
the Department to increase investments in improved technology 
and interoperability in order to provide secure, reliable, and 
effective mission-critical communications capabilities to 
Federal law enforcement personnel, and foster interoperability 
with Federal, State, local, and tribal partners. The 
modernization transition strategy will move O&M and new 
solution development and implementation to the FBI, while 
strategic planning, spectrum management, and oversight 
functions will remain with the Justice Management Division. As 
part of the realignment, base O&M funding for radios is being 
transferred back to components.
    The Department shall report to the Committee on a semi-
annual basis on the status of implementation of the transition 
model, including a cost and schedule assessment estimate for 
the final operating capability. The Committee will monitor 
closely the Department's and FBI's implementation of the LEWC 
transition model, including the participation of the other 
Federal law enforcement components, and expects the Department 
to adhere to the plan presented in the fiscal year 2013 budget 
rollout.
    Human Rights Violations.--The Committee is concerned by the 
large number of suspected human rights violators from foreign 
countries who have found safe haven in the United States, and 
directs the FBI to continue its efforts to investigate and 
support DOJ's criminal prosecution of serious human rights 
crimes committed by these foreign nationals, including 
genocide, torture, use or recruitment of child soldiers, and 
war crimes. The Committee's recommendation supports continued 
funding of $1,500,000 within the FBI's budget base for agents 
and associated support personnel at FBI headquarters.
    Intellectual Property Rights [IPR] Enforcement.--The 
Committee expects IPR enforcement to remain an investigative 
priority at the Bureau. The Committee notes and commends the 
FBI's investigative work related to such violations of Federal 
law during the last year. The Committee directs the FBI to 
submit a report on the activities of its dedicated agents 
investigating IPR cases. The report shall be submitted to the 
Committee no later than 120 days after the enactment of this 
act.
    Innocent Images National Initiative [IINI].--The 
Committee's recommendation provides the $66,795,000 requested 
in base funding for the Innocent Images National Initiative, 
which allows the FBI to target and investigate sexual predators 
on the Internet. This funding will address the critical 
requirements for Federal law enforcement in targeting child 
sexual exploitation and child victimization. The Committee 
trusts that the budget request is sufficient to cover the 
current Innocent Images caseload; however, should the threat of 
child predators on the Internet increase, the Committee expects 
that future budget requests for the FBI will include adequate 
resources dedicated to investigate child predators who prey on 
children online.
    Investigations Into Severe Forms of Trafficking in 
Persons.--The Committee's recommendation includes $10,000,000, 
from within funds provided, for the FBI to investigate severe 
forms of trafficking in persons as authorized by section 113(h) 
of Public Law 106-386, as amended. As the lead Federal law 
enforcement agency for trafficking offenses, the FBI's ability 
to combat trafficking and slavery would be significantly 
enhanced through additional resources devoted specifically to 
the growing problem of trafficking and slavery. Funds shall be 
used for investigations into trafficking and slavery and 
providing victim witness coordinators when needed on an 
emergency basis.

                              CONSTRUCTION

Appropriations, 2012....................................     $80,982,000
Budget estimate, 2013...................................      80,982,000
Committee recommendation................................      80,982,000

    The Committee's recommendation provides $80,982,000 for 
Federal Bureau of Investigation [FBI] construction. The 
recommendation is equal to the fiscal year 2012 funding level 
and the budget request.
    Terrorist Explosive Device Analytical Center [TEDAC].--The 
Committee opposes any efforts to rescind funds previously 
appropriated by the Congress for Phase II construction of 
TEDAC. Not only is this action short-sighted given that TEDAC 
construction for Phase I of the new TEDAC facility on Redstone 
Arsenal is imminent, but it would also cancel ongoing efforts 
to ensure the U.S. Government possesses the capacities and 
capabilities needed to counter the threat from terrorist use of 
explosives and improvised explosive devices [IEDs], both 
domestically and globally. The loss of these capacities and 
capabilities would negatively affect the abilities of the 
military, intelligence, homeland security, and law enforcement 
communities to address this threat, and would leave this Nation 
vulnerable to the threat from terrorist explosives.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

Appropriations, 2012....................................  $2,347,000,000
Budget estimate, 2013...................................   2,403,504,000
Committee recommendation................................   2,403,504,000

    The Committee's recommendation provides total resources of 
$2,403,504,000 for the Drug Enforcement Administration [DEA], 
of which $352,600,000 is derived from DEA's Drug Diversion 
Control Fee Account. The recommendation is $56,504,000 above 
the fiscal year 2012 enacted level and equal to the budget 
request.
    The DEA's mission is to enforce the controlled substances 
laws and regulations of the United States and bring to the 
criminal and civil justice system of the United States--or any 
other competent jurisdiction--those organizations and principal 
members of organizations involved in the growing, 
manufacturing, or distribution of controlled substances 
appearing in or destined for illicit traffic in the United 
States; and to support non-enforcement programs aimed at 
reducing the availability of illicit controlled substances on 
the domestic and international markets.
    Diversion Control Program.--Full funding of $352,600,000 is 
provided for the Diversion Control Program, which is an 
increase of $30,600,000 for expanded forensic support of 
diversion cases and is fully offset with fee collections.
    Southwest Border Enforcement.--The Committee encourages DEA 
to continue to prioritize enforcement efforts along the 
Southwest Border, which includes the enhanced Mexican Sensitive 
Investigation Unit program. These resources will help DEA 
continue its presence along the border, address increased 
workload related to narcotics seizures, and respond to specific 
field intelligence priorities.

                              CONSTRUCTION

Appropriations, 2012....................................     $10,000,000
Budget estimate, 2013...................................................
Committee recommendation................................................

    The Committee's recommendation provides no funds for this 
account in fiscal year 2013, which is the same as the 
administration's request.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

Appropriations, 2012....................................  $1,152,000,000
Budget estimate, 2013...................................   1,153,345,000
Committee recommendation................................   1,153,345,000

    The Committee's recommendation provides $1,153,345,000 for 
the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF]. 
The recommendation is $1,345,000 above the fiscal year 2012 
enacted level and equal to the budget request.
    The ATF's mission is to reduce violent crime, prevent 
terrorism, and protect the public. ATF reduces the criminal use 
of firearms and illegal firearms trafficking, and assists other 
Federal, State, and local law enforcement agencies in reducing 
crime and violence. ATF investigates bombing and arson 
incidents and provides for public safety by reducing the 
criminal misuse of and trafficking in explosives, combating 
acts of arson and arson-for-profit schemes, and removing safety 
hazards caused by improper and unsafe storage of explosive 
materials.
    United States-Mexico Firearms Trafficking.--The Committee 
continues to support ATF's efforts to combat weapon trafficking 
on the border. As begun in fiscal year 2012 and to continue 
thereafter, the ATF shall provide the Committee with annual 
data on the total number of firearms recovered by the 
Government of Mexico, and of those, the number for which an ATF 
trace is attempted, the number successfully traced and the 
number determined to be manufactured in or imported into the 
United States prior to being recovered in Mexico.
    Southwest Border Enforcement.--The Committee notes that 
Operation Fast and Furious was but a small part of ATF's 
extensive operations along the Southwest border, and should not 
detract from ATF's efforts to protect Americans from illegal 
firearms trafficking, gun violence, and parallel drug and human 
trafficking across the United States-Mexico border and into the 
Nation's interior. The ATF remains the lead law enforcement 
agency in combating illegal firearms trafficking on the 
Southwest border, with Project Gunrunner teams seizing more 
than 10,500 illegal guns and roughly 1.4 million rounds of 
ammunition in the last 6 years. This increased vigilance has 
made the U.S. border region safer, even as drug trafficking-
related homicides in Mexico continue to escalate. To that end, 
the Committee's recommendation fully funds the request of 
$19,000,000 to maintain the nine existing Project Gunrunner 
teams to stem illegal trafficking of weapons across the 
Southwest border, and reduce gun-driven violence on both sides 
of the United States-Mexico border.
    Violent Crime Impact Teams.--The Committee continues to 
support the ATF's Violent Crime Impact Teams [VCIT] that pursue 
violent criminals and reduce the occurrence of homicides and 
firearms-related violent crime through the use of geographic 
targeting, proactive investigation, and prosecution of those 
responsible. The VCIT uses a multi-agency approach and works 
closely with State and local law enforcement to identify, 
target, disrupt, arrest, and prosecute violent criminals.
    National Integrated Ballistic Information Network.--The 
Committee continues to support the National Integrated 
Ballistic Information Network [NIBIN], including significant 
investment made by State and local law enforcement partners to 
build the current NIBIN database. In order to ensure that NIBIN 
remains a sustainable and effective national forensic resource, 
the Committee believes ATF should continue conducting a 
thorough review of NIBIN, including developing a strategic plan 
to address utilization gaps to ensure optimal productivity and 
use of ballistic-imaging technology across workstations and 
regions. To eliminate program inefficiencies, optimize costs, 
and sustain effectiveness, ATF should: scrutinize the placement 
of NIBIN equipment; shut down underutilized sites; and move 
equipment to high crime regional hubs. This approach may allow 
ATF to maximize the placement of equipment and personnel, 
reinforce information sharing across jurisdictions, create 
opportunities to develop protocols for both training and use, 
and increase the quality and quantity of data being put into 
NIBIN.
    National Center for Explosives Training and Research 
[NCETR].--Preventing the criminal use of explosives is one of 
the core missions of the ATF, and NCETR serves as the Bureau's 
Center of Excellence for explosives research, training, and 
intelligence. NCETR develops, coordinates, conducts, and 
facilitates the delivery of basic and advanced training courses 
for ATF personnel, law enforcement community partners, the U.S. 
military, and other Federal agencies, both in the United States 
and abroad. The ATF's goals are to foster arson- and 
explosives-related expertise, and to promote interagency 
partnerships. NCETR's new facility is a critical national 
asset, but it remains understaffed and underutilized. The 
Committee encourages ATF and the Justice Department to explore 
ways to more actively employ the unique assets possessed by 
NCETR.

                         Federal Prison System

    The Committee's recommendation provides a total of 
$6,922,106,000 for the Federal Prison System, or the Bureau of 
Prisons [BOP]. The recommendation is $278,125,000 above the 
fiscal year 2012 enacted level and equal to the budget request.

                         SALARIES AND EXPENSES

Appropriations, 2012....................................  $6,551,281,000
Budget estimate, 2013...................................   6,820,217,000
Committee recommendation................................   6,820,217,000

    The Committee's recommendation provides $6,820,217,000 for 
BOP salaries and expenses. The recommendation is $268,936,000 
above the fiscal year 2012 enacted level and equal to the 
budget request.
    The recommendation shall be expended in the following 
manner:

                          SALARIES AND EXPENSES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Inmate Care and Programs...............................        2,542,064
Institution Security and Administration................        2,984,833
Contract Confinement...................................        1,088,748
Management and Administration..........................          204,572
                                                        ----------------
      Total............................................        6,820,217
------------------------------------------------------------------------

    The Committee has made great sacrifices to fund BOP 
salaries and expenses at the request. By law, the BOP must 
accept and provide for all Federal inmates, including but not 
limited to inmate care, custodial staff, contract beds, food, 
and medical costs. The BOP cannot control the number of inmates 
sentenced to prison and, unlike other Federal agencies, cannot 
limit assigned workloads and thereby control operating costs. 
In effect, the BOP's expenses are mandatory, which leaves the 
Bureau with extremely limited flexibility.
    Correctional Officer Staffing--The Federal prison 
population has grown explosively over the last 20 years. Rising 
from roughly 25,000 prisoners in 1980, the population is 
estimated to grow to more than 229,000 by the end of fiscal 
year 2013. BOP estimates that its inmate population will 
increase by approximately 11,500 net new inmates during fiscal 
years 2012 and 2013. Correspondingly, BOP facilities are 
operating at 38 percent above noted capacity systemwide. What 
is more distressing is that the high-security inmate population 
overcrowding rate is at 53 percent. Chronic underfunding based 
on inadequate budget requests and lack of resources have forced 
BOP to rely excessively on correctional officer overtime and 
the diversion of program staff instead of hiring additional 
correctional officers, leaving the workforce spread dangerously 
thin and compromising BOP's ability to operate in a safe and 
efficient manner.
    To continue the steps Congress began in fiscal year 2009 to 
address BOP's understaffing problem, the Committee provides an 
increase of at least $22,002,000 above fiscal year 2012 to fill 
210 vacant correctional worker positions to safely manage the 
growing inmate population at existing BOP institutions. This 
will allow BOP to hire enough correctional staff to meet the 90 
percent onboard level recognized by BOP as the minimum staffing 
level for maintaining safety and security.
    Contract Confinement.--The Committee's recommendation fully 
funds the request of $1,088,748,000 for contract confinement 
needs. This activity provides for the confinement of sentenced 
Federal offenders in Government-owned, contractor-operated 
facilities, contracts with State and local facilities, the care 
of Federal prisoners in contract community residential centers, 
and assistance by the National Institute of Corrections to 
State and local corrections. This activity also covers costs 
associated with management and oversight of contract 
confinement functions.
    Activations and Expansions.--The Committee fully funds the 
request to activate prisons constructed by BOP that currently 
sit empty or partially empty due to prior year budget 
constraints. These funds will complete the activation of a 
medium-security prison located in Berlin, New Hampshire, and a 
medium-security prison for female inmates in Aliceville, 
Alabama, and begin activations of a high-security prison in 
Yazoo, Mississippi, and a medium-security prison in Hazelton, 
West Virginia. The Committee expects BOP to adhere to the 
activation schedule included in BOP's budget submission 
regarding those prison facilities. BOP shall notify the 
Committee of any deviations to this schedule.
    Second Chance Act Implementation.--The Committee's 
recommendation provides the requested increase of $13,000,000 
and 120 positions and FTE, for a total $672,200,000, for the 
Federal Prison System to meet the requirements of the Second 
Chance Act (Public Law 110-199). Funding will be used to expand 
Residential Drug Abuse Program [RDAP] capacity, which will help 
BOP reach the goal of providing 12-month sentence credits to 
all eligible inmates, and allow more inmates to complete the 
programs earlier and, if eligible, receive the full 1-year off 
their sentence. The current average sentence reduction credit 
for inmates completing RDAP is 8 months.
    Combating Contraband Cell Phone Use.--The Committee is 
concerned that the BOP has not implemented technologies to 
effectively combat the use of contraband cell phones by inmates 
in its detention facilities. The Government Accountability 
Office [GAO] published a report in September 2011 that found 
that cell phone confiscations in Federal prisons more than 
doubled between 2008 and 2010. Although the increase in 
confiscations is a credit to BOP's efforts, the report found 
that the BOP ``does not have a sound evaluation plan'' to 
determine which cell phone detection technologies to test and, 
ultimately, purchase and implement. Therefore, within 120 days 
after enactment of this act, the BOP shall submit to the 
Committee a detailed account of the Bureau's efforts to 
implement this technology, including the amount of funding 
required to purchase and implement a viable cell phone 
detection technology for use in detention facilities, and the 
status of discussions with vendors to provide this technology 
for an acceptable cost. The BOP shall provide the Committee 
with an annual report on the number of contraband cell phones 
confiscated in its detention facilities and the number of cases 
of illicit cell phone use by inmates that it has referred for 
prosecution. In addition, BOP shall continue its efforts to 
implement a sound evaluation plan for evaluating cell phone 
detection technologies.

                        BUILDINGS AND FACILITIES

Appropriations, 2012....................................     $90,000,000
Budget estimate, 2013...................................      99,189,000
Committee recommendation................................      99,189,000

    The Committee's recommendation provides $99,189,000 for the 
construction, modernization, maintenance, and repair of prison 
and detention facilities housing Federal prisoners. The 
recommendation is $9,189,000 above the fiscal year 2012 enacted 
level and equal to the budget request. Of the amount provided, 
$73,796,000 is for modernization and repairs.
    The Committee includes bill language in Title V--General 
Provisions stipulating that no BOP resources may be used for 
facilities to house detainees from the United States Naval 
Station, Guantanamo Bay, Cuba.
    Construction.--Although BOP plans to activate two new 
prisons in 2017 and five new prisons beginning in 2018, it will 
be unable to maintain that schedule without significant new 
construction appropriation requests in coming fiscal years. The 
Committee notes, however, that even if BOP stays on track in 
constructing and activating planned new prisons, the inmate 
population growth is expected to continue to exceed the planned 
growth in capacity in the foreseeable future.
    The Committee directs BOP to continue providing the 
Committee the most recent monthly status of construction 
report, and to notify the Committees of any deviations from the 
construction and activation schedule identified in that report, 
including detailed explanations of the causes of delays and 
actions proposed to address them.

                FEDERAL PRISON INDUSTRIES, INCORPORATED

                (LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2012....................................      $2,700,000
Budget estimate, 2013...................................       2,700,000
Committee recommendation................................       2,700,000

    The Committee's recommendation provides a limitation on the 
administrative expenses of $2,700,000 for the Federal Prison 
Industries, Inc. The recommendation is equal to the fiscal year 
2012 enacted level and the budget request.

               State and Local Law Enforcement Activities

    Collaboration Between Grants Administering Components.--For 
many years, the Office on Violence Against Women [OVW], the 
Office of Justice Programs [OJP], and the Office of Community 
Oriented Policing Services [COPS] have collaborated on many 
projects and initiatives to address problems that fall within 
their respective missions. The Committee expects OVW, OJP, and 
COPS to continue and improve upon their collaborative efforts, 
where feasible, in order to avoid duplication of effort and to 
make the best possible use of their appropriations.
    Salaries and Expenses.--During fiscal year 2013, the 
Committee directs the Department to support management and 
administration [M&A] expenses with program funding subject to 
the submission of details related to planned M&A expenses, by 
program, as part of the Department's fiscal year 2013 spending 
plan. In addition, the spending plan should include planned 
expenses for training and technical assistance, research and 
statistics activities, interagency agreements, cooperative 
agreements and peer review, along with any additional general 
category of expense other than grants. The Committee directs 
grant offices to minimize administrative spending in order to 
maximize the amount of funding that can be used for grants or 
training and technical assistance.
    Training, Technical Assistance, Research and Statistics, 
and Peer Review.--Training and technical assistance [T&TA] 
activities, research and statistics activities, and peer review 
performed by OJP, OVW, and COPS, or through interagency 
agreements or under contract for OJP, OVW, and COPS, may be 
supported with program funds, subject to the submission of 
details related to planned costs in these categories by program 
as part of the Department's fiscal year 2013 spending plan. As 
part of the budget submission for fiscal year 2014 and future 
years, the Department is directed to detail the actual costs 
for each grant office in each of these categories for the prior 
fiscal year, along with estimates of planned expenditures by 
each grant office in each of these categories for the current 
year and the budget year.
    Noncompliant Grantees.--OJP, COPS, and OVW appear to be 
using different sanctions and remedies for grantees that are 
determined to be out of compliance with grant requirements. The 
Department should work to consolidate best-practice rules and 
procedures across the three offices in order to produce the 
most consistent possible compliance enforcement process 
possible.
    Evidence-Based Programs.--Faced with an era of frugality, 
the Committee strongly urges OJP, COPS, and OVW to ensure that, 
to the greatest extent practicable, competitive grants are used 
for evidence-based programs and activities of proven 
effectiveness, innovation, targeted training and technical 
assistance, and multi-disciplinary collaboration, so as to 
maximize the result for each dollar spent.
    Funding Discretionary Programs Through Crime Victims Fund 
Receipts.--The Committee rejects the administration's proposal 
to fund certain grant programs that assist vulnerable 
populations through Crime Victims Fund receipts. This proposal 
aimed to alter the funding source for several important OVW and 
OJP grant programs: Victims of Trafficking, the DNA Initiative, 
Children Exposed to Violence, Adam Walsh Act implementation, 
the Missing Children's Program, and the Violence Against Women 
STOP Formula grants. Rather, the Committee provides funding for 
these programs in the traditional way, through discretionary 
budget authority.
    GAO Findings on Subgrantee Efficiencies.--The Committee 
notes GAO's 2012 Annual Report: Opportunities to Reduce 
Duplication, Overlap and Fragmentation, Achieve Savings, and 
Enhance Revenue. Of particular concern, the Committee notes 
``unnecessary duplication in grant applications,'' and that 
often grant recipients do not publicly disclose subgrantee 
recipients. The Committee directs OVW, OJP, and COPS to 
publicly disclose, online with all other grant awards 
announcements, all subgrantees, and to detail the purpose of 
the award in order to mitigate duplication and to ensure 
transparency. The Committee also directs DOJ to heed the 
findings in this study and to proactively respond in a timely 
manner.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

Appropriations, 2012....................................    $412,500,000
Budget estimate, 2013...................................  \1\268,000,000
Committee recommendation................................     412,500,000

\1\The administration requested an additional $144,500,000 through the 
Crime Victims Fund.

    The Committee's recommendation provides $412,500,000 for 
Office on Violence Against Women [OVW] grants. The 
recommendation is equal to the fiscal year 2012 enacted level. 
Resources are provided in OVW above the budget request in order 
to reject the administration's proposal to shift funding for 
this discretionary resource to mandatory resources. As in 
fiscal year 2012, the Office on Violence Against Women is 
funded as its own heading under this title.
    The table below displays the Committee's recommendations 
for the programs under this office.

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Program                           recommendation
------------------------------------------------------------------------
STOP Grants............................................         189,000
National Institute of Justice--Research and Evaluation.           3,000
Transitional Housing Assistance........................          25,000
Grants to Encourage Arrest.............................          50,000
    Homicide Reduction Initiative......................          (4,000)
Rural Domestic Violence Assistance Grants..............          35,000
Violence on College Campuses...........................           9,000
Civil Legal Assistance.................................          39,000
Sexual Assault Victims Services........................          25,000
Elder Abuse Grant Program..............................           4,250
Family Civil Justice Program...........................          15,000
Education and Training for Disabled Female Victims.....           5,750
Consolidated Youth-Oriented Program....................          10,000
Analysis and Research on Violence Against Indian Women.           1,000
National Resource Center on Workplace Responses........           1,000
American Indian/Native Alaskan Sexual Assault Clearing              500
 House.................................................
                                                        ----------------
      Total............................................         412,500
------------------------------------------------------------------------

    STOP Grants.--Within the discretionary budget authority 
appropriated, $189,000,000 is for formula grants to the States. 
The fiscal year 2013 recommendation will allow jurisdictions to 
implement mandatory pro-arrest and prosecution policies to 
prevent, identify, and respond to violent crimes against women, 
support coordination of State victim services, assist Native 
victims in Indian country, and provide secure settings and 
specialized procedures for visitation and exchange of children 
in families experiencing domestic violence. The recommendation 
supports increasing access to comprehensive legal services for 
victims, providing short-term housing assistance and support 
services for domestic violence victims and education and 
training to end violence against and abuse of women with 
disabilities.
    Sexual Assault Services Act [SASA].--The Committee's 
recommendation provides $25,000,000, which is $2,000,000 above 
both the fiscal year 2012 enacted level and the budget request, 
to fund directly the needs of sexual assault victims.
    As part of the Violence Against Women Act of 2005, Congress 
created the Sexual Assault Services Program [SASP] to address 
considerable gaps in services to sexual assault victims and 
their families. The Committee supports a dedicated stream of 
funding to provide a broad range of services to male, female, 
and child sexual assault victims and their families through the 
well-established and well-regarded system of community-based 
rape crisis centers throughout the United States, and maintains 
its strong commitment to ensuring that these rape crisis 
centers have access to technical assistance, training, and 
support.
    Transitional Housing Assistance Grants.--In response to the 
unprecedented demand by victims of domestic violence, dating 
violence, sexual assault, and stalking for housing and support 
services, the Committee provides $25,000,000 for this program, 
an increase of $3,000,000 over the fiscal year 2012 enacted 
level and the budget request.
    Consolidated Youth-Oriented Program.--As in the fiscal year 
2012 act, and in an effort to reduce duplication and reduce 
bureaucratic barriers for grantees, the Committee's 
recommendation includes $10,000,000 for the administration's 
proposal to fund a comprehensive array of prevention and 
intervention services for children and youth victims of 
domestic violence, dating violence, sexual assault, and 
stalking. This program consolidates four OVW programs: Engaging 
Men and Youth in Prevention, Grants to Assist Children and 
Youth Exposed to Violence, Supporting Teens Through Education, 
and Services to Advocate and Respond to Youth. The Committee 
believes this consolidation will allow OVW to leverage 
resources for maximum impact in communities by funding 
comprehensive projects that include both youth service and 
prevention components.
    Homicide Reduction Initiatives.--The Committee provides 
$4,000,000 under Grants to Encourage Arrest Policies to address 
the urgent problem of homicide of the abused, especially those 
in escalating domestic violence situations. Studies show that 
abused women who receive domestic violence services, such as 
shelter, counseling, and protective orders, are less likely to 
be victims of murder or attempted murder. There is a 60 percent 
reduction in risk of severe assault when victims of abuse 
utilize the services of a domestic violence advocacy program. 
Abused women who never receive these services, however, are 
much more likely to be killed by their abusers. Despite these 
good outcomes, however, only 4 percent of victims of actual or 
attempted intimate partner violence utilize the services of 
community-based domestic violence programs.
    Consolidated Grants To Support Families in the Justice 
System.--To further efforts to reduce duplication, the 
Committee's recommendation includes $15,000,000 for a grant 
program that combines two programs that train judges and court 
personnel about the intersection of domestic violence and 
family court proceedings, and promote safe supervised 
visitation for families in cases involving domestic violence 
and sexual assault. Too often the steps victims are encouraged 
to take to escape violence, such as breaking the silence about 
abuse, seeking protection, and limiting contact with the 
abusive partner, put them at a disadvantage in family court 
proceedings. This crisis in family courts is driven by a number 
of factors, including the prevalence of judges and court 
personnel who are not adequately trained to understand domestic 
violence. The recommended consolidation conserves resources and 
creates a program that encourages States to focus on training 
and protocol development for family courts.

                       Office of Justice Programs

    The Office of Justice Programs [OJP] is responsible for 
providing leadership, coordination and assistance to its 
Federal, State, local and tribal partners to enhance the 
effectiveness and efficiency of the United States justice 
system in preventing, controlling and responding to crime. 
Because most of the responsibility for crime control and 
prevention falls to law enforcement officers in States, cities 
and neighborhoods, the Federal Government is effective in these 
areas only to the extent that it can enter into partnerships 
with these jurisdictions. Therefore, OJP is tasked with 
administering grants; collecting statistical data and 
conducting analyses; identifying emerging criminal justice 
issues; developing and testing promising and innovative 
approaches to address these issues; evaluating program results; 
and disseminating these findings and other information to 
State, local and tribal governments.
    The Committee recommends a total of $1,541,218,000 for OJP 
programs, which is $300,418,000 above the budget request and 
$75,082,000 below the fiscal year 2012 enacted level. Resources 
are provided above the budget request in order to reject the 
administration's proposal to shift funding for several 
discretionary resources to mandatory resources.
    Approximately 80 grant programs are appropriated by this 
Committee and administered by the Department. This reflects a 
reduction from the more than 120 grant programs just 2 years 
ago. While the intent of these grant programs are noble, the 
Committee remains concerned that the perpetual authorization 
and proposal of new grants, while not de-authorizing or 
omitting redundant and archaic ones, has become unmanageable, 
particularly during these tight fiscal times. The Committee 
directs the Department to work closely with Congress to 
consider seriously the modification of existing programs and 
omission of outdated programs before new proposals and 
initiatives are unveiled. The Committee urges the Department to 
devise a proposal to consolidate and eliminate ineffective 
grant programs by outreach to Congress and emphasis on what 
works and what is cost effective for the taxpayers' dollars.
    Funding for Crime Victim Services.--The Committee continues 
to support strongly the use of evidence-based practices. In the 
area of victim services, the capacity to obtain, understand, 
and apply research is particularly critical in a cost-conscious 
environment. The Committee encourages the Office for Victims of 
Crime [OVC] to develop a comprehensive research agenda in the 
area of victimization to strengthen the use of evidence-based 
practices on the State, local, and tribal levels. The Committee 
also strongly encourages OVC to prioritize research focused on 
crime victims most at-risk or in geographic areas with the 
greatest unmet need. In particular, OVC should support research 
and evaluation relating to basic incidence and prevalence rates 
among marginalized communities, especially among communities of 
color and in the areas of youth victimization, victimization of 
American Indian and Alaskan native people, elder abuse, 
victimization of people with disabilities and deaf individuals, 
and human trafficking. In the current era of limited resources, 
the Committee also recommends that OVC provide support to 
improve the ability of grantees to conduct evaluation efforts 
of their program effectiveness.

                  RESEARCH, EVALUATION, AND STATISTICS

Appropriations, 2012....................................    $113,000,000
Budget estimate, 2013...................................     136,000,000
Committee recommendation................................     126,000,000

    The Committee's recommendation provides $126,000,000 for 
the Research, Evaluation, and Statistics account. The 
recommendation is $13,000,000 above the fiscal year 2012 
enacted level and $10,000,000 below the budget request.
    Funding in this account provides assistance in the areas of 
research, evaluation, statistics, hate crimes, DNA and 
forensics, and criminal background checks, among others.
    The Committee's recommendations are displayed in the 
following table:

                   RESEARCH, EVALUATION AND STATISTICS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                       Program                           recommendation
------------------------------------------------------------------------
Bureau of Justice Statistics.........................           $50,000
    National Crime Victimization Survey [NCVS].......           (26,000)
    Redesign Work for the NCVS.......................           (10,000)
    Indian Country Statistics........................              (500)
National Institute of Justice........................            45,000
    DNA/Forensics Transfer to NIST/OLES..............            (5,000)
Evaluation Clearinghouse.............................             1,000
Regional Information Sharing Activities..............            30,000
                                                      ------------------
      TOTAL..........................................           126,000
------------------------------------------------------------------------

    National Institute of Justice [NIJ].--The Committee's 
recommendation provides $45,000,000 for the NIJ, in addition to 
$4,000,000 transferred from OVW for research and evaluation on 
violence against women and Indian women. NIJ's mission is to 
advance scientific research, development, and evaluation to 
advance the administration of justice and public safety. The 
Committee directs that, prior to the obligation of any funds, 
NIJ submit a spend plan to the Committee for approval on how 
resources will be allocated.
    DNA and Forensics Research and Evaluation.--The fiscal year 
2013 budget request eliminates resources to assist with 
critical forensics and DNA research and evaluation. The 
Committee continues to recognize those areas as vital 
components to maintaining and advancing the quality and 
proficiency within Federal, State, and local crime laboratory 
facilities. Therefore, from within the amounts provided for 
NIJ, OJP shall directly transfer $5,000,000 to the National 
Institute of Standards and Technology [NIST] Office of Law 
Enforcement Standards [OLES] to support the continuation of the 
development of standards and standard reference materials.
    Regional Information Sharing Activities.--The Committee 
recommends $30,000,000, an increase of $3,000,000 above both 
the fiscal year 2012 enacted level and the budget 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.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2012....................................  $1,162,500,000
Budget estimate, 2013...................................  \1\781,500,000
Committee recommendation................................   1,058,918,000

\1\The administration proposed an additional $220,500,000 through the 
Crime Victims Fund.

    The Committee's recommendation provides $1,058,918,000 for 
State and local law enforcement assistance. The recommendation 
is $123,918,000 below the fiscal year 2012 enacted level, and 
$277,418,000 above the budget request because the Committee has 
rejected the administration's proposal to fund $220,500,000 in 
discretionary programs through the mandatory Crime Victims 
Fund.
    The Committee's recommendations are displayed in the 
following table:

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                       Program                           recommendation
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............          $392,418
    SLATT Intelligence State and Local Training......            (2,000)
    State and Local Assistance Help Desk and                     (4,000)
     Diagnostic Center...............................
    Criminal Justice Reform and Recidivism Reduction.            (6,000)
    VALOR Initiative.................................            (5,000)
State Criminal Alien Assistance Program..............           255,000
Border Prosecution Initiatives.......................            10,000
Byrne Competitive Grants.............................            18,000
Victims of Trafficking Grants........................            10,500
Drug Courts..........................................            35,000
Mentally Ill Offender Courts.........................             9,000
Residential Substance Abuse Treatment for State                  10,000
 Prisoners...........................................
Capital Litigation/Wrongful Prosecution Review.......             3,000
Economic, High-tech and Cybercrime Prevention........            11,000
John R. Justice Grant Program........................             4,000
Adam Walsh Act Implementation........................            20,000
Children Exposed to Violence Initiative..............            15,000
Byrne Criminal Justice Innovation Program............            20,000
    Review of Criminal Justice Systems Policies and              (2,000)
     Strategies......................................
Bulletproof Vests Partnerships.......................            24,000
    NIST/OLES........................................            (1,500)
National Sex Offender Website........................             1,000
Violent Gang and Gun Crime Reduction.................             5,000
National Instant Criminal Background Check System                 7,000
 [NICS]..............................................
Criminal Records Upgrade.............................             6,000
Paul Coverdell Forensic Science......................            12,000
DNA Analysis Backlog Reduction/Crime Labs............           125,000
    Debbie Smith DNA Backlog grants..................          (117,000)
    Kirk Bloodsworth Post-Conviction DNA Testing                 (4,000)
     grants..........................................
    Sexual Assault Nurse Examiners...................            (4,000)
Court-Appointed Special Advocates [CASA].............             6,000
Second Chance Act....................................            25,000
    Smart Probation..................................            (4,000)
Tribal Assistance....................................            35,000
                                                      ------------------
      Total..........................................         1,058,918
------------------------------------------------------------------------

    Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommends $392,418,000 for Edward Byrne Memorial 
Justice Assistance Grants (Byrne-JAG). Funding is not available 
for luxury items, real estate, or construction projects. The 
Committee notes that, should States with high seizures of 
precursor chemicals, finished methamphetamine, laboratories, 
and laboratory dump seizures deem it a priority, Byrne-JAG 
grants may be used for anti-methamphetamine-related activities, 
including to support investigative task forces to locate or 
investigate illicit activities such as precursor diversion, 
laboratories, or methamphetamine traffickers.
    The Department should strongly encourage State, local, and 
tribal governments to target funding to programs and activities 
that are in conformance with evidence-based strategic plans 
developed through broad stakeholder involvement. The Department 
is directed to make technical assistance available to State, 
local, and tribal governments for the development or updating 
of such plans.
    State and Local Assistance Help Desk and Diagnostic 
Center.--Within the funds provided for Byrne-JAG, the Committee 
provides $4,000,000 to support the State and Local Assistance 
Help Desk and Diagnostic Center. This Center provides the 
``one-stop'' diagnostic, problem-solving, and ``aftercare'' 
resources to help local communities identify, respond to, and 
begin to solve persistent public safety problems like gun 
violence, jail violence, gang homicides, and truancy.
    VALOR Initiative.--The Committee recommends $5,000,000 
within Byrne-JAG for the Preventing Violence Against Law 
Enforcement Officer Resilience and Survivability Initiative 
[VALOR]. This is a national training initiative that promotes a 
culture of safety within Federal, State, local and law 
enforcement agencies by training officers to respond to and 
react better in deadly situations, such as ambush attacks, 
while on duty.
    The Committee provides the requested increase of $3,000,000 
in response to the disturbing trend of rising numbers of police 
officers being killed, even as violent crime has decreased 
nationwide. According to the most recent FBI Uniform Crime 
Report on ``Law Enforcement Officers Killed and Assaulted'', 72 
officers were killed by perpetrators in 2011, a 25 percent 
increase from the previous year and a 75 percent increase from 
2008. This marks the highest number of on duty police deaths in 
nearly two decades, excluding the September 11, 2001, attacks, 
and the 1995 Oklahoma City bombing. In many cases, the officers 
were trying to arrest or stop a suspect who had previously been 
arrested for a violent crime. The Committee expects Federal law 
enforcement to continue and expand on efforts to provide local 
police with information as to whether or not a suspect has a 
violent history, to the extent that transference of such 
information is allowable and available via Federal law 
enforcement databases, in an effort to prevent officer deaths.
    National Technical Assistance and Training.--The Committee 
encourages the Department to continue its efforts to assist 
States in the development and use of criminal justice 
information systems that accelerate the automation of 
identification processes for fingerprints and other criminal 
justice data, and which improve the compatibility of State and 
local law enforcement systems with the FBI's Integrated 
Automated Fingerprint Identification System [IAFIS].
    Human Trafficking.--The United States is a destination 
country for thousands of men, women, and children trafficked 
largely from Mexico and East Asia, as well as countries in 
South Asia, Central America, Africa, and Europe, for the 
purposes of sexual and labor exploitation. Trafficking victims 
are subjected to physical, mental, and sexual abuse. Victims 
need various types of assistance to begin healing and recovery, 
including counseling, housing, medical care, support groups, 
and legal assistance.
    The Committee's recommendation provides $10,500,000 for 
task force activities and services for U.S. citizens, permanent 
residents, and foreign nationals who are victims of 
trafficking, including no less than $4,700,000 for victim 
services for foreign national victims of trafficking. OJP shall 
consult with stakeholder groups in determining the overall 
allocation of Victims of Trafficking funding, and shall provide 
to the Committee a plan for the use of these funds as part of 
the Department's fiscal year 2013 spending plan. The spending 
plan should be guided by the best information available on the 
regions of the United States with the highest incidence of 
trafficking.
    An effective national criminal justice response to human 
trafficking requires quick and accurate identification of 
victims along with immediate protection and support. The 
Committee supports further efforts to pursue evidence-based 
approaches that ensure that trafficking victims' services are 
comprehensive, culturally competent, and use a trauma-informed 
care approach that maximizes safety, trust, and choice for 
survivors.
    Byrne Criminal Justice Innovation Program.--The Committee 
provides $20,000,000 to fully support the administration's 
proposal for the Byrne Criminal Justice Innovation Program, 
which provides demonstration grants in communities to support 
innovative, evidence-based approaches to fighting crime and 
improving public safety, as well as addressing its underlying 
problems. OJP will coordinate with the Department of Housing 
and Urban Development [HUD] and other agencies, to promote 
interagency collaboration and enable a wide range of new and 
existing partners to further stabilize neighborhoods that face 
the severest violence and crime.
    Persistent crime and public safety problems, especially 
gang activity, cannot be addressed solely by law enforcement. 
These issues require a comprehensive interagency approach that 
enables law enforcement, educators, social services agencies, 
and community organizations to address both public safety 
problems and their underlying causes. This program will build 
upon the approach of supporting communities that combine law 
enforcement, community policing, prevention, intervention, 
treatment, and neighborhood restoration.
    Byrne Competitive Grants.--The Committee's recommendation 
includes $18,000,000 for competitive, peer-reviewed grants to 
programs of national significance to prevent crime, improve the 
administration of justice or assist victims of crime. Within 60 
days of enactment of this act, OJP is directed to provide a 
report and spend plan to the Committee, which detail the 
criteria and methodology that will be used to award these 
grants. The Committee expects that OJP will take all steps 
necessary to ensure fairness and objectivity in the award of 
these and future competitive grants.
    Drug Courts and Mentally Ill Offender Courts.--For the 
fourth straight year, the Committee's recommendation rejects 
the administration's proposal for a new Drug, Mental Health and 
Problem Solving Courts program. Instead, the Committee provides 
separate funding at $35,000,000 for the Drug Courts program, 
and $9,000,000 for Mentally Ill Offender Courts.
    The Committee notes the distinct success of the Drug Courts 
and Mentally Ill Offender Courts grant programs. While the 
Committee recognizes the Department's attempt to consolidate 
grant programs, the Committee rejects this proposal given that 
professionals in the field have made a clear distinction 
between the two programs, and congressional support for 
maintaining separate programs remains strong. However, the 
Committee encourages the Department to continue looking for 
ways to consolidate other, more duplicative grant programs.
    Residential Substance Abuse Treatment [RSAT].--The 
Committee directs OJP to require applicants for the RSAT 
formula grant program to include an explanation of how they 
will coordinate the RSAT program's design and implementation 
with their State's substance abuse agency. The Committee 
believes that collaboration with State substance abuse agencies 
will help to ensure that evidence-based practices and qualified 
personnel are available to assist offenders in addressing their 
substance abuse problems.
    Collaboration Among State Corrections, Alcohol and Drug 
Abuse, and Mental Health Program Directors.--The Committee 
encourages BJA to continue working with the Substance Abuse and 
Mental Health Services Administration [SAMHSA] to foster 
collaboration among the Association of State Corrections 
Administrators [ASCA], the National Association of State 
Alcohol and Drug Abuse Directors [NASADAD], and the National 
Association of State Mental Health Program Directors [NASMHPD].
    Bulletproof Vests.--Within the $24,000,000 provided for 
bulletproof vests, $1,500,000 is to be transferred directly to 
the National Institute of Standards and Technology's [NIST] 
Office of Law Enforcement Standards [OLES] to continue 
supporting ballistic- and stab-resistant material compliance 
testing programs.
    DNA Backlog/Crime Lab Improvements.--The Committee 
continues its strong support for DNA backlog and crime lab 
improvements by recommending $125,000,000 to strengthen and 
improve Federal and State DNA collection and analysis systems 
that can be used to accelerate the prosecution of the guilty 
while simultaneously protecting the innocent from wrongful 
prosecution. Within the funds provided, $117,000,000 is for 
Debbie Smith DNA Backlog Reduction grants, $4,000,000 is for 
Kirk Bloodsworth Post-Conviction DNA Testing grants, and 
$4,000,000 is for Sexual Assault Nurse Examiners [SANE] grants.
    DNA evidence is playing a larger role than ever before in 
criminal cases, both to convict the guilty and to exonerate 
those wrongly accused or convicted. This increased role places 
greater importance on the ability of investigators and 
prosecutors to handle crime scene DNA evidence to avoid 
contamination or destruction. Therefore, of the amounts 
provided in the bill for Debbie Smith DNA Backlog Reduction 
grants, up to 4 percent may be used to make grants to provide 
training, technical assistance, education, and information 
regarding the identification, collection, preservation, 
analysis, and use of DNA evidence and samples for law 
enforcement and corrections personnel and court officers, and 
forensic science professionals. This is a minimal investment 
aimed at providing a maximum value return.
    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 notes that, according to DOJ, more than 70 percent of 
DNA funding provided in fiscal year 2012 will go to crime labs 
for DNA analysis to increase capacity and reduce DNA backlogs. 
The Committee directs the Department to submit a spending plan 
with respect to 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, within 60 days of enactment of this act.
    The Committee is pleased that GAO is moving forward with 
its analyses of DNA funding, commissioned in fiscal year 2012, 
and looks forward to receiving GAO's recommendations on how to 
better address State and local laboratory needs once the study 
is completed.
    Economic, High-tech, and Cybercrime Prevention.--The 
Committee recommends $11,000,000 for competitive grants to 
support and train State and local law enforcement agencies in 
the prevention, investigation, and prosecution of economic, 
high-tech, and Internet crimes, including the intellectual 
property [IP] crimes of counterfeiting and piracy, as 
authorized under the PRO-IP Act of 2008 (Public Law 110-403). 
The Committee encourages OJP to prioritize competitive grants 
to State and local public safety agencies, with an emphasis on 
enforcement to combat the IP crimes of counterfeiting and 
piracy.
    Cell Phone Digital Evidence.--As smartphones and the 
Internet have become integral parts of daily life, these 
technologies have also become an integral part of a majority of 
criminal acts and enterprises, from drug deals by text to child 
pornography websites. Because more than 95 percent of all 
criminal cases are investigated and prosecuted at the State and 
local levels, the Committee is concerned that without the 
Department's support, the ability of State and local law 
enforcement to effectively investigate and prosecute cases 
involving digital evidence and computer-based crimes will 
diminish. The Committee encourages the Department to prioritize 
State and local assistance toward computer forensics and 
digital evidence training and investigations surrounding drug 
and violent crimes, and crimes against children.
    Collaborative Efforts To Fight Cybercrime.--According to 
the Norton Cybercrime Report 2011, more than 69 percent of 
online adults have been a victim of cybercrime in their 
lifetime, resulting in an annual price of $388,000,000,000 
globally. The Committee is aware of the important progress that 
has been made in the fight against cybercrime by collaborative 
efforts that bring together prosecutors, researchers, and DOJ 
in a multidisciplinary effort to identify and prosecute 
cybercrimes such as ``phishing.'' These collaborative efforts 
involve experts in computer forensics that help to identify the 
source of phishing, train prosecutors in the intricacies of the 
crime and how best to prosecute cybercriminals, and conduct 
research to stay ahead of cybercriminals and their ever 
changing tactics. The Committee believes these collaborative 
efforts have made good progress against cybercrime and 
encourages the Department to continue funding these important 
initiatives.
    National Instant Criminal Background Check System [NICS].--
According to OJP, jurisdictions continue to struggle with 
meeting the eligibility requirements mandated by the NICS 
Improvement Amendments Act (Public Law 110-180). At present, 
only 16 States are eligible for grants. The recommended funding 
level reflects the fact that there is a significant amount of 
carryover funds of approximately $6,000,000 available for 
obligation under this program.
    The Committee directs the Department to submit a report to 
the Committee within 120 days after enactment of this act 
describing the Department's efforts to implement provisions of 
Public Law 110-180. The report shall include: a detailed list 
of the Department's activities to train and support Federal and 
State agencies in working toward compliance for sharing 
domestic violence, drug abuse, mental health, and felony 
records with the FBI's NICS database; updated data on the 
number of mental health, drug abuse, felony, and domestic 
violence records submitted to NICS to date by Federal agencies 
and by each State; if the penalties for noncompliance listed in 
Public Law 110-180 have been applied to States and, if so, to 
which States; and an explanation as to why penalties were not 
applied to States. Finally, the report shall describe the 
Department's enforcement plan to bring Federal and State 
agencies into compliance with the NICS Improvement Amendments 
Act.
    Sex Offender Location, Arrest and Prosecution/Adam Walsh 
Act Implementation.--The Committee provides $20,000,000 to help 
States, the District of Columbia, Indian tribes, and 
territories come into compliance with the Sex Offender 
Registration and Notification Act [SORNA], as well as provide 
for sex offender management and treatment. These grants will 
provide critical support to the comprehensive, nationwide 
effort to locate, register, monitor, apprehend, prosecute, and 
manage child sexual predators and exploiters that was 
envisioned by SORNA.
    Tribal Assistance.--The Committee provides $35,000,000 for 
tribal grant programs. The Committee expects OJP to consult 
closely with tribal stakeholders in determining how tribal 
assistance funds will be allocated among grant programs that 
help 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 for fiscal year 2013, a 
plan for the use of these funds that has been informed by such 
consultation. The Committee notes that the bill includes 
additional grant funding for tribal law enforcement programs 
through COPS and OVW.
    Children Exposed to Violence.--The Committee's 
recommendation includes $15,000,000 for the Children Exposed to 
Violence Initiative. These funds will be used to build on 
investments made by Congress in recent years to advance 
effective practices at the State, local, and tribal levels that 
help children and adolescents who are victims of, or witnesses 
to, violence in their homes, schools, and neighborhoods, and 
may suffer devastating consequences beyond the physical harm. 
According to DOJ's National Survey on Children Exposed to 
Violence, 61 percent of children experienced some type of 
violence, crime, or abuse in 2011 alone. Without the proper 
support and treatment, children who survive serious early-life 
trauma are more likely to abuse drugs and alcohol; suffer from 
depression, anxiety, and post-traumatic disorders; fail or have 
difficulty in school; and become future victims or offenders.

                       JUVENILE JUSTICE PROGRAMS

Appropriations, 2012....................................    $262,500,000
Budget estimate, 2013...................................     245,000,000
Committee recommendation................................     278,000,000

    The mission of the Office of Juvenile Justice and 
Delinquency Prevention [OJJDP] is to provide national 
leadership, coordination and resources to prevent and respond 
to juvenile delinquency and victimization. OJJDP supports 
States, tribes and local communities in efforts to develop, 
implement and improve the juvenile justice system in order to 
protect the public safety, hold offenders accountable, and 
provide treatment and rehabilitative services tailored to the 
needs of juveniles and their families.
    The Committee's recommendation provides $278,000,000 for 
juvenile justice programs. The recommendation is $15,500,000 
above the fiscal year 2012 enacted level and $33,000,000 above 
the budget request. Resources are provided in OJJDP above the 
budget request in order to reject the administration's proposal 
to shift funding for this discretionary resource to mandatory 
resources, and then transfer funds to the OJP ``State and Local 
Law Enforcement Assistance'' account to administer funding.
    The Committee's recommendations are displayed in the 
following table:

                        JUVENILE JUSTICE PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Part B--State Formula..................................          55,000
    Emergency Planning--Juvenile Detention Facilities..            (500)
Youth Mentoring Grants.................................          61,000
Title V--Delinquency Prevention Incentive Grants.......          30,000
    Tribal Youth.......................................         (10,000)
    Gang and Youth Violence Education and Prevention...          (5,000)
    Alcohol Prevention.................................         (10,000)
    Incentive Grants...................................          (5,000)
Victims of Child Abuse Programs........................          19,000
Juvenile Accountability Block Grants...................          30,000
Community-Based Violence Prevention Initiatives........          14,000
Missing and Exploited Children Programs................          65,000
    Internet Crimes Against Children...................         (21,000)
Training for Judicial Personnel........................           2,000
National Forum on Youth Violence Prevention............           2,000
                                                        ----------------
      Total............................................         278,000
------------------------------------------------------------------------

    Any deviation from the above plan is subject to the 
reprogramming requirements of section 505 of this act.
    Part B: State Formula Grants.--The Committee provides 
$55,000,000 for grants to implement comprehensive State 
juvenile justice plans, including community-based prevention 
and intervention programs and activities for juvenile 
offenders. This amount is $15,000,000 above the fiscal year 
2012 level and $15,000,000 below the budget request.
    As recommended in the 2010 final report of the National 
Commission on Children and Disasters, OJJDP should work with 
State, local, and tribal juvenile justice agencies, including 
residential treatment, correctional, and detention facilities 
that house children, to identify common gaps and shortcomings, 
as well as best practices, in juvenile justice disaster 
planning, and ensure that facilities have comprehensive 
disaster plans in place. Therefore, within the amounts 
provided, the Committee's recommendation includes $500,000 for 
competitive demonstration grants for State, local, and tribal 
juvenile justice detention facilities and systems to meet the 
needs of children and adolescents housed in detention 
facilities in preparation for, during and after a disaster, as 
detailed in the 2011 emergency planning guidance issued by 
OJJDP. This approach should support and highlight successful 
planning models in specific States, which will in turn 
facilitate the development of best practices, and provide 
models to assist other States, local jurisdictions and tribes 
in improving their disaster plans. As a condition of funding, 
grantees should collaborate with their respective State and 
local emergency management, health, and other relevant 
agencies.
    Youth Mentoring Grants.--To support the critical work of 
national, regional, and local organizations in nurturing and 
mentoring at-risk children and youths, the Committee recommends 
$61,000,000 for competitive, peer-reviewed youth mentoring 
grants. Within 60 days of enactment of this act, OJP is 
directed to provide a report and spend plan to the Committee 
detailing the criteria and methodology that will be used to 
award these grants. The Committee expects that OJJDP will take 
all steps necessary to ensure fairness and objectivity in the 
award of these and future competitive grants.
    Victims of Child Abuse Act.--The Committee's recommendation 
provides $19,000,000 for the various programs authorized under 
the Victims of Child Abuse Act [VOCA] (Public Law 101-647). The 
Committee rejects the administration's request to eliminate 
this program.
    Within the funds provided, $5,000,000 shall be for Regional 
Children's Advocacy Centers [RCACs] Programs. The RCACs were 
established to provide information, consultation, training, and 
technical assistance to communities, and to help establish 
child-focused programs that facilitate and support coordination 
among agencies responding to child abuse. The RCACs and the 
National Children's Alliance have identified several joint 
initiatives which include: developing centers in underserved 
areas; support and development of Tribal CACs; constituent 
involvement; marketing; and public awareness. In working on 
these initiatives, the RCACs have created programs such as the 
National Training Academy, which trains professionals and 
multi-disciplinary teams investigating child abuse, and the 
telemedicine pilot project, which assists remote areas in 
investigating child abuse.
    Missing and Exploited Children Programs.--The issue of 
child abduction and exploitation is a constant part of the 
national conscience due to the numerous troubling child 
pornography and missing children cases. OJP works with law 
enforcement agencies to target, dismantle, and prosecute 
predatory child molesters and those who traffic in child 
pornography. The Committee continues to support strongly 
Missing and Exploited Children Programs and recommends 
$65,000,000, including $21,000,000 for the Internet Crimes 
Against Children [ICAC] task force program to continue to 
expand efforts to protect the Nation's children, focusing on 
the areas of locating missing children, and addressing the 
growing wave of child sexual exploitation facilitated by the 
Internet. The Committee directs OJP to provide a spending plan 
for the use of these funds as part of the Department's spending 
plan for fiscal year 2013.
    The Committee supports efforts across the country to train 
child protection professionals in the field, including law 
enforcement officers, social workers, mental and medical health 
professionals, and prosecutors. Therefore, the Committee 
directs OJJDP to provide training and technical assistance to 
improve forensic interview training for investigation and 
prosecution professionals, evidence-based community prevention 
programs for child protection professionals, and undergraduate 
and graduate curricula on the maltreatment and exploitation of 
children.
    Enforcing Underage Drinking Laws.--The Committee provides 
$10,000,000 for programs and activities to enforce State laws 
prohibiting the sale of alcoholic beverages to minors or the 
purchase or consumption of alcoholic beverages by minors, for 
prevention and reduction of consumption of alcoholic beverages 
by minors, and for technical assistance and training. The 
Committee expects OJJDP to administer these funds to programs 
adopting recognized best practices in the field of underage 
drinking prevention.

                    PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2012....................................     $78,300,000
Budget estimate, 2013...................................      78,300,000
Committee recommendation................................      78,300,000

    The Committee's recommendation provides $78,300,000 for 
public safety officers benefits. The recommendation is equal to 
both the fiscal year 2012 enacted level and the budget request. 
This mandatory program provides a one-time death benefit 
payment to eligible survivors of Federal, State, and local 
public safety officers whose death was the direct and proximate 
result of a traumatic injury sustained in the line of duty or 
certain eligible heart attacks or strokes.
    Within funds provided, $62,000,000 is for death benefits 
for survivors, an amount estimated by the Congressional Budget 
Office and considered mandatory for scorekeeping purposes. The 
Committee also recommends $16,300,000, as requested, for 
disability benefits for injured officers and education benefits 
for the families of officers who have been permanently disabled 
or killed in the line of duty.

                  Community Oriented Policing Services


             COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

Appropriations, 2012....................................    $198,500,000
Budget estimate, 2013...................................     289,587,000
Committee recommendation................................     247,500,000

    The Committee's recommendation provides $247,500,000 for 
community oriented policing services. The recommendation is 
$49,000,000 above the fiscal year 2012 enacted level and 
$42,087,000 below the budget request.
    Local law enforcement is not only essential to ensuring the 
safety of the public, but also plays a critical role in 
preventing and responding to terrorist threats. Since its 
creation, the Community Oriented Policing Services [COPS] 
office has assisted State and local law enforcement agencies by 
providing grants, training, and technical assistance that not 
only ensure public safety from traditional crime, but also 
better enable law enforcement officers to address the growing 
threat from terrorist organizations.
    The Committee's recommendations are displayed in the 
following table:

                  COMMUNITY ORIENTED POLICING SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                        Program                           recommendation
------------------------------------------------------------------------
Tribal Resources Grant Program.........................          20,000
COPS Hiring Grants.....................................         215,000
    Transfer to Tribal Resources Grant Program.........         (15,000)
    Community Policing Development/Training and                 (10,000)
     Technical Assistance..............................
Methamphetamine Lab Cleanups/Transfer to DEA...........          12,500
                                                        ----------------
      Total............................................         247,500
------------------------------------------------------------------------

    Any deviations from the above plan are subject to the 
reprogramming requirements of section 505.
    COPS Hiring Program.--The Committee recommends $215,000,000 
for COPS Hiring grants to help State, local, or tribal law 
enforcement agencies to create and preserve approximately 1,700 
police officers and to increase community policing capacity and 
crime prevention efforts. Like the request, the grants will 
have an award cap of $125,000 and require grantees to provide a 
25 percent local match.
    Training and Technical Assistance.--The Committee's 
recommendation provides $10,000,000 within the COPS Hiring 
Program to provide Training and Technical Assistance to assist 
agencies with developing innovative community policing 
strategies through applied research and evaluation initiatives.
    Methamphetamine Hot Spots.--The Committee's recommendation 
includes a $12,500,000 transfer to reimburse the Drug 
Enforcement Administration [DEA] for assistance to State and 
local law enforcement for proper removal and disposal of 
hazardous materials at clandestine methamphetamine labs and to 
initiate container programs. This is the level DEA estimates 
will be sufficient in fiscal year 2013 to operate the full 
cleanup program for an additional 10 States to transition to 
container program cleanups, for a total 19 States, and to cover 
the costs of smaller methamphetamine cleanups in States where 
the problem is intermittent.
    Tribal Resources.--The Committee has provided a total 
$35,000,000 in programs targeted entirely to tribal communities 
through the Tribal Resources Grant Program [TRGP]. Within the 
TRGP, $20,000,000 is provided through direct appropriations and 
$15,000,000 is provided by transfer from the COPS Hiring 
program. All funds available to the TRGP can be used for 
equipment and hiring or training of tribal law enforcement. 
This will allow tribes maximum flexibility to respond the 
priorities they deem most urgent.

               General Provisions--Department of Justice

    The Committee recommends the following general provisions, 
all of which were included in the enacted fiscal year 2012 act:
    Section 201 limits the amount of funding the Attorney 
General can use for official reception and representation.
    Section 202 prohibits the use of funds in this title to pay 
for an abortion except where the life of the mother would be in 
danger.
    Section 203 prohibits the use of funds in this title to 
require a person to perform or facilitate an abortion.
    Section 204 requires female prisoners to be escorted when 
off prison grounds.
    Section 205 allows the Department of Justice, subject to 
the Committee's reprogramming procedures, to transfer up to 5 
percent between appropriations, but limits to 10 percent the 
amount that can be transferred into any one appropriation.
    Section 206 authorizes the Attorney General to extend a 
personnel management demonstration project.
    Section 207 provides authority for the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to use confiscated funds 
during undercover operations.
    Section 208 limits the placement of maximum or high 
security prisoners to appropriately secure facilities.
    Section 209 restricts Federal prisoner access to certain 
amenities.
    Section 210 requires review by the Deputy Attorney General 
and the Department's Investigative Review Board prior to the 
obligation or expenditure of funds for major 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 to plan for, begin, 
continue, finish, process, or approve a public-private 
competition under OMB Circular A-76 for work performed by 
employees of the Bureau of Prisons or of the Federal Prison 
Industries, Incorporated.
    Section 213 prohibits U.S. Attorneys from simultaneously 
holding multiple jobs outside of the scope of a U.S. Attorney's 
professional duties.
    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 and 
reimbursement program funds made available to that office to be 
transferred to the National Institute of Justice or the Bureau 
of Justice Statistics for criminal justice research 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; and drug treatment 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.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

Appropriations, 2012....................................      $4,500,000
Budget estimate, 2013...................................       5,850,000
Committee recommendation................................       5,850,000

    The Committee's recommendation provides $5,850,000. The 
recommendation is $1,350,000 above the fiscal year 2012 enacted 
level and equal to the budget request.
    The Office of Science and Technology Policy [OSTP] was 
created by the National Science and Technology Policy, 
Organization, and Priorities Act of 1976 (Public Law 94-282) 
and coordinates science and technology policy for the White 
House. OSTP provides scientific and technological information, 
analysis and advice for the President and the executive branch; 
participates in formulation, coordination, and implementation 
of national and international policies and programs that 
involve science and technology; maintains and promotes the 
health and vitality of the U.S. science and technology 
infrastructure; reviews and analyzes, with the Office of 
Management and Budget, the research and development budgets for 
all Federal agencies; and coordinates research and development 
efforts of the Federal Government to maximize the return on the 
public's investment in science and technology and to ensure 
Federal resources are used efficiently and appropriately.
    Science, Technology, Engineering, and Mathematics [STEM] 
Education.--STEM education helps build technically literate 
citizens who become scientists, entrepreneurs, and technicians 
ready to work in the innovation jobs of the future. Federal 
STEM education programs engage students and teachers from 
kindergarten through post-graduate work. In its annual report 
on potentially duplicative programs, the GAO found that 173 of 
209 Federal STEM education programs funded in fiscal year 2010 
overlap to some degree, for example targeting similar age 
groups or populations, addressing shortages in the same STEM 
fields, or aiming at similar objectives. GAO stated that ``even 
when programs overlap, the services they provide and the 
populations they serve may differ in meaningful ways and would 
therefore not necessarily be duplicative.'' GAO also discussed 
the lack of meaningful effectiveness data for many of these 
programs and noted that one-third of STEM education programs 
funded in fiscal year 2010 were first funded in fiscal year 
2005-2010.
    OSTP's government-wide STEM education strategic plan 
required under the America COMPETES Reauthorization Act of 2010 
(Public Law 111-358) is due to be provided to the Congress. As 
a follow-up to the strategic plan, the Committee directs OSTP 
to provide a report containing the concrete actions that OSTP 
and other relevant Federal agencies will take to avoid 
duplication in STEM education programs, including a specific 
list of programs targeted for elimination, consolidation, or 
joint administration, along with concrete steps agencies will 
take to evaluate the effectiveness of STEM education programs, 
within 60 days of enactment of this Act. The Committee 
continues to support STEM education programs at mission-
oriented agencies such as NASA and NOAA, particularly those 
with a long record of success.

             National Aeronautics and Space Administration

Appropriations, 2012..................................\1\$17,800,000,000
Budget estimate, 2013..................................\1\17,711,400,000
Committee recommendation................................  19,399,647,000

\1\Does not include funds for operational satellite acquisition 
previously provided within NOAA.

    The Committee's recommendation provides $19,399,647,000 for 
the National Aeronautics and Space Administration [NASA]. The 
recommendation is $1,599,647,000 above the fiscal year 2012 
enacted level and $1,688,247,000 above the budget request. The 
large increase is derived from a reorganization which moves 
responsibility for purchasing operational weather satellites 
from NOAA, the client agency, to NASA, which had been NOAA's 
contracting agency. The reoganization is discussed under the 
heading for the new Operational Satellite Acquisition account. 
Without the new account, the total recommendation for NASA is 
$41,500,000 below the fiscal year 2012 enacted level and 
$47,100,000 above the budget request.
    NASA was established by the National Aeronautics and Space 
Act of 1958 (Public Law 85-568) to conduct space and 
aeronautical research and development and to conduct flight 
activities for peaceful purposes. NASA's unique mission of 
exploration, discovery, and innovation is intended to preserve 
the United States' role as both a leader in world aviation and 
as the pre-eminent space-faring nation. It is NASA's mission 
to: advance human exploration, use and development of space; 
advance and communicate scientific knowledge and understanding 
of the Earth, the solar system, and the universe; and research, 
develop, verify, and transfer advanced aeronautics and space 
technologies.
    The Committee's recommendations seek to implement the NASA 
Authorization Act of 2010 (Public Law 111-267), focusing on 
investments that rebalance the space program. The Committee 
supports major investments in science that help us understand 
and save our planet and explore our universe, in aeronautics 
research that makes air travel here on Earth safer and keeps 
America competitive, and in extending the International Space 
Station [ISS] so we can utilize the lab we built.
    From the outset, this Committee has sought a human 
spaceflight program that the President, the Congress and the 
American people can support. The Committee believes that the 
restructured program called for in this act should be 
sustainable from one administration to the next. The United 
States cannot reinvent its space program every 4 years.
    The Committee believes this bill represents a solid path 
forward for human spaceflight that can reach beyond low Earth 
orbit with affordable crew and launch vehicles, consistent with 
Public Law 111-267; invests in the burgeoning commercial launch 
industry that is poised to bring cargo, and eventually crew, to 
the ISS; and revitalizes NASA science and technology programs. 
These elements should be viewed as complementary pieces of a 
balanced whole.
    This bill attempts to make tough choices in order to afford 
the balanced space program that the Congress authorized. To do 
that, the Committee was informed by the priorities of the 
Senate as well as the administration. However, the Committee 
does not always agree with the administration. While the 
Committee has often left some amount of discretion to NASA in 
making choices and offering up a spending plan submitted in 
accordance with section 505 of this act, that plan should not 
be viewed as a license to disregard the Congress's choices 
about where limited resources should be spent. If NASA requests 
funding for programs, projects, and activities in one account, 
the Committee expects those programs, projects, and activities 
to be executed in that account, with small and limited 
exceptions. Moving major initiatives or beginning a new program 
in an account other than the one in which it was requested 
thwarts the Committee's deliberative process, rendering its 
efforts at prioritization and balance meaningless.
    NASA's acquisition management remains on the Government 
Accountability Office's [GAO] ``high risk'' list. The agency 
has been on the list for more than 20 years, in such company as 
Medicare, Department of Defense Weapons Systems acquisition, 
and enforcement of tax laws. In its most recent assessment of 
major NASA projects GAO found 5 of 15 projects in the 
implementation phase had both exceeded their planned budgets by 
more than 17 percent and delayed their launch date by more than 
11 months.
    While GAO reports that NASA is making progress in 
strengthening financial management, including better cost 
estimates and higher standards of accountability for 
contractors, it is imperative that NASA do a better job of 
managing these large projects.
    In order to improve GAO's analysis, NASA is directed to 
cooperate fully and to provide timely program analysis, 
evaluation data, and relevant information to the GAO so that 
GAO can report to Congress in advance of the annual budget 
submission of the President and semiannually thereafter on the 
status of large-scale NASA programs, projects, and activities 
based on its review of this information.
    In addition, NASA is directed to include in its budget 
justification the reserve assumed by NASA to be necessary 
within the amount proposed for each directorate, theme, 
program, project, and activity, or, if the proposed funding 
level for a directorate, theme, program, project, or activity 
is based on confidence level budgeting, the confidence level 
assumed in the proposed funding level.
    In November 2011, the NASA OIG identified five top 
management challenges for NASA: (1) the future of U.S. human 
spaceflight, (2) project management, (3) infrastructure and 
facilities management, (4) acquisition and contract management, 
and (5) information technology security and governance. The 
Committee believes the report is a roadmap of the challenges 
that face the agency and directs NASA to submit a report within 
60 days of enactment of this act outlining NASA's specific 
progress in responding to the issues and recommendations 
highlighted in the report.
    Further, to avoid cost overruns and make its programs more 
affordable, NASA is directed to minimize its use of cost plus 
fee contracting and to employ fixed price contracts for all 
systems, components, and projects using proven or high 
technical readiness technology.
    The Committee notes that NASA has divided the functions of 
the former Office of Independent Program and Cost Evaluation 
[IPCE]. One of IPCE's vital functions was to conduct self-
initiated technical analyses, providing a truly independent 
perspective not influenced by others within NASA. NASA will 
need to vigilantly guard the independence of the new 
organizations, particularly with regard to program analysis, 
cost evaluation, and study initiation and conclusions.
    The Committee has chosen to articulate the funding levels 
of programs within the account structure for NASA in the form 
of tables. Major mission and program funding is listed within 
the tables and, if necessary, supplemented with explanatory 
report language.

                                SCIENCE

Appropriations, 2012....................................  $5,090,000,000
Budget estimate, 2013...................................   4,911,200,000
Committee recommendation................................   5,021,100,000

    The Science account encompasses five lines of study: Earth 
Science, Planetary Science, Astrophysics, the James Webb Space 
Telescope and Heliophysics. This funding seeks to answer 
fundamental questions concerning the ways in which Earth's 
climate is changing; the comparison of Earth with other planets 
in the solar system and around other stars; the connections 
between the Sun and Earth; and the origin and evolution of 
planetary systems, the galaxy, and the universe, including the 
origin and distribution of life in the universe. These 
objectives are achieved through robotic flight missions, 
ground-based scientific research and data analysis, and the 
development of new technologies for future missions.

                                 SCIENCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Earth Science:
    Earth Science Research............................          433,600
        Earth Science Research and Analysis...........         (324,300)
        Computing and Management......................         (109,300)
    Earth Systematic Missions.........................          886,000
        Global Precipitation Measurement [GPM]........          (88,000)
        Landsat Data Continuity Mission [LDCM]........          (54,800)
        Ice, Cloud, and land Elevation Satellite               (157,100)
         (IceSat-2)...................................
        Soil Moisture Active and Passive [SMAP].......         (237,400)
        Other Missions and Data Analysis..............         (348,700)
    Earth System Science Pathfinder...................          219,400
        OCO-2.........................................          (75,300)
        Venture Class Missions........................         (106,200)
        Other Missions and Data Analysis..............          (37,900)
    Earth Science Multi-Mission Operations............          161,700
    Earth Science Technology..........................           49,500
    Applied Sciences..................................           34,500
                                                       -----------------
      Subtotal, Earth Science.........................        1,784,700
                                                       =================
Planetary Science:
    Planetary Science Research........................          188,500
        Planetary Science Research and Analysis.......         (125,300)
        Other Missions and Data Analysis..............          (38,700)
        Education and Directorate Management..........           (4,000)
        Near Earth Object Observations................          (20,500)
    Lunar Quest Program...............................           61,500
        Lunar Science.................................          (17,300)
        Lunar Atmosphere and Dust Environment Explorer          (41,400)
        Surface Science Lander Technology.............           (2,800)
    Discovery.........................................          189,600
    New Frontiers.....................................          175,000
        OSIRIS-REx....................................         (137,500)
        Other Missions and Data Analysis..............          (37,500)
    Mars Exploration..................................          460,900
        MAVEN.........................................         (146,400)
        Other Missions and Data Analysis..............         (314,500)
    Outer Planets.....................................           84,000
    Technology........................................          132,800
                                                       -----------------
      Subtotal, Planetary Science.....................        1,292,300
                                                       =================
Astrophysics:
    Astrophysics Research.............................          172,000
        Astrophysics Research and Analysis............          (63,000)
        Balloon Project...............................          (31,000)
        Other Missions and Data Analysis..............          (78,000)
    Cosmic Origins....................................          249,300
        Hubble Space Telescope........................          (98,300)
        Stratospheric Observatory for Infrared                  (85,500)
         Astronomy [SOFIA]............................
        Other Missions And Data Analysis..............          (65,500)
    Physics of the Cosmos.............................          110,000
    Exoplanet Exploration.............................           55,000
    Astrophysics Explorer.............................           83,100
        Nuclear Spectroscopic Telescope Array [NuSTAR]           (4,700)
        Gravity and Extreme Magnetism.................          (46,400)
        Other Missions and Data Analysis..............          (32,000)
                                                       -----------------
          Subtotal, Astrophysics......................          669,400
                                                       =================
James Webb Space Telescope............................          627,600
                                                       =================
Heliophysics:
    Heliophysics Research.............................          177,100
        Heliophysics Research and Analysis............          (32,000)
        Sounding Rockets..............................          (56,000)
        Research Range................................          (20,100)
        Other Missions and Data Analysis..............          (69,000)
    Living with a Star................................          227,500
        Radiation Belt Storm Probes [RBSP]............          (37,700)
        Solar Probe Plus..............................         (112,100)
        Solar Orbiter Collaboration...................          (21,300)
        Other Missions and Data Analysis..............          (56,400)
    Solar Terrestrial Probes..........................          188,300
        Magnetospheric MultiScale [MMS]...............         (168,300)
        Other Missions and Data Analysis..............          (20,000)
    Heliophysics Explorer.............................           54,100
        IRIS..........................................          (12,100)
        Other Missions and Data Analysis..............          (42,000)
                                                       -----------------
          Subtotal, Heliophysics......................          647,000
                                                       =================
          Total, Science..............................        5,021,000
------------------------------------------------------------------------

    Earth Science Decadal Survey Missions.--The Committee 
supports the ongoing development of the Tier I Earth Science 
missions, and provides the full budget requests for the Soil 
Moisture Active and Passive [SMAP] and the Ice, Cloud and land 
Elevation Satellite (IceSat-2) missions. The Committee is 
disappointed in plans to delay the Climate Absolute Radiance 
and Refractivity Observatory [CLARREO] and the Deformation, 
Ecosystem Structure and Dynamics of the Ice [DESDynI] missions. 
The National Academies recommended flying a suite of these four 
missions concurrently to gather critical information about the 
Earth and its climate.
    The Committee supports the pre-Aerosol, Clouds, Ecosystem 
[PACE] mission, originally introduced as a climate continuity 
mission in the fiscal year 2011 request. PACE will address 
ocean ecology, ocean color, and Climate Data Record [CDR] 
continuity as the primary objectives and aerosol interaction 
and measurement as a secondary objective.
    IceBridge.--The Committee provides the full budget request 
for IceBridge to continue making high-resolution measurements 
of polar sea ice and glaciers during the gap between IceSat-1 
and IceSat-2. The Committee encourages NASA to use unmanned 
aerial vehicles [UAVs] for this mission and to seek competitive 
proposals to improve IceBridge instruments for use on UAVs.
    Carbon Monitoring.--Of the funds provided within the earth 
science research and analysis activity, the Committee 
recommends $10,000,000 to continue efforts for the development 
of a carbon monitoring system initially funded in fiscal year 
2010. The majority of the funds should be directed toward 
acquisition, field sampling, quantification and development of 
a prototype Monitoring Reporting and Verification [MRV] system 
which can provide transparent data products achieving levels of 
precision and accuracy required by current carbon trading 
protocols. The Committee recognizes that the current orbital 
and suborbital platforms are insufficient to meet these 
objectives. Therefore, the use of commercial off-the-shelf 
technologies is recommended as these products could provide 
robust calibration validation datasets for future NASA 
missions. Up to 20 percent of these funds should be made 
available to international Reducing Emissions from 
Deforestation and Forest Degradation [REDD] projects. 
Furthermore, the Committee is deeply disappointed with the lack 
of progress that NASA has made on this initiative thus far 
within the agency. Therefore, it directs that the above funds 
shall be competitively awarded within 120 days of enactment of 
this act.
    Cooperation Between NASA and NOAA.--The Committee remains 
discouraged by NASA's lack of cooperation with NOAA's Ocean and 
Atmospheric Research office in the area of non-space based 
Earth science. NASA shall better coordinate with NOAA on all 
aspects of relevant NASA-funded projects, including project 
planning, project execution, and post-project data sharing.
    SERVIR.--The SERVIR initiative within the Applied Sciences 
Program integrates satellite observations, ground-based data, 
and forecast models to monitor and forecast environmental 
changes and to improve response to natural disasters. The 
program allows people in developing regions to use Earth 
observations for addressing challenges in agriculture, 
biodiversity conservation, climate change, disaster response, 
weather forecasting, and energy and health issues.
    As part of this program, SERVIR intends to initiate up to 
three new hubs that were selected during fiscal year 2012 to 
expand the SERVIR program and advance the use of Earth 
observations to serve U.S. international development interests. 
The Committee is pleased to see continued support by NASA, in 
conjunction with the U.S. Agency for International Development 
and other agencies, for advancing this program.
    Planetary Science.--The bill allows for the transfer of up 
to $14,500,000 to the Department of Energy to re-establish 
facilities capable of producing fuel needed to enable future 
missions. The Committee notes that the most recent decadal 
survey in planetary science urges NASA to reformulate planetary 
science flagship missions to fit within the projected budget, 
as recommended, rather than abandoning flagships altogether.
    Mars Exploration.--The budget request proposes to cut and 
radically restructure the program of robotic rovers and in-
space observatories expected to culminate in a Mars sample 
return, which was identified as the top priority for planetary 
science by the National Research Council's Decadal Survey. The 
Committee provides $460,900,000 which is $100,100,000 above the 
request level for Mars Exploration. This amount includes the 
full budget request of $146,400,000 for MAVEN and also supports 
any re-planned Mars program that can take advantage of upcoming 
opportunities to launch robotic science platforms to Mars as 
early as 2016. NASA is expected to use these funds to retain 
core U.S. competencies in areas such as entry, descent, and 
landing.
    Competitive Planetary Programs.--The Committee recommends 
the budget request of $189,600,000 for Discovery and 
$175,000,000 for New Frontiers. The Committee fully expects 
NASA to continue both programs as distinct opportunities 
awarded on a merit-based, competitive basis, in order maximize 
the delivery of more high-quality science within a constrained 
fiscal environment. The Committee is also insistent that NASA 
select proposals for both programs based upon the ability to 
deliver the highest quality science that is evaluated by peer 
review.
    Decadal Surveys and Mid-session Reviews.--The Committee 
supports NASA's flagship missions but notes that future large 
projects will need to have a scope that is aligned with a sound 
and executable budget. On the other hand, once NASA has 
committed to a mission with an executable funding profile, the 
Committee does not believe mid-session reviews and other 
management tools that serve to undermine established missions 
with broad consensus within their scientific discipline do 
anything more than unnerve the scientific community. The 
Committee encourages NASA to focus its management efforts on 
rigorous requirements definition, program management, and cost 
discipline so that it can meet the commitments it makes within 
projected budgets.
    Astrophysics.--Within funds provided to advance scientific 
knowledge of the origins of the universe, the Committee 
provides the full budget requirement of $98,300,000 for the 
Hubble Space Telescope.
    Dark Energy.--The 2011 Nobel Prize in Physics was awarded 
to Saul Perlmutter, Brian Schmidt, and Adam Riess for 
discovering that the expansion of the universe was 
accelerating. The acceleration implies that the universe is 
being pushed apart by a force known as dark energy. While 
scientists have proven that dark energy exists, little is known 
about it even though it makes up nearly three-quarters of the 
universe. To understand dark energy, scientists identified the 
Wide Field Infared Survey Telescope [WFIRST] as the highest 
priority in the recent astronomy and astrophysics decadal 
survey. Within funds provided for Cosmic Origins, Other 
Missions and Data Analysis, the Committee provides $10,000,000 
in fiscal year 2013 to begin planning and technology 
development for a cost-effective WFIRST project that builds on 
the work of the Joint Dark Energy Mission project.
    James Webb Space Telescope.--The Committee strongly 
supports completion of the James Webb Space Telescope [JWST]. 
JWST will be 100 times more powerful than the Hubble Space 
Telescope and is poised to rewrite the science books. In 2011, 
the Committee asked for an independent assessment of JWST. That 
assessment, led by Dr. John Casani, found that while JWST is 
technically sound, NASA had never requested adequate resources 
to fund its development. As with many other projects, budget 
optimism led to massive ongoing cost overruns because the 
project did not have adequate reserves or contingency to 
address the kinds of technical problems that are expected to 
arise in a complex, cutting edge project. Without funds, the 
only other way to deal with problems is to allow the schedule 
to slip. That slip, in turn, makes the project cost even more, 
when accounting for the technical costs as well as the cost of 
maintaining a pool of highly skilled technical labor through 
the completion of the project.
    In response to the Casani report, NASA has submitted a new 
baseline for JWST with an overall life-cycle cost of 
$8,700,000,000. NASA has assured the Committee that this new 
baseline includes adequate reserves to achieve a 2018 launch 
without further cost overruns. The Committee intends to hold 
NASA and its contractors to that commitment, and the bill caps 
the overall development cost for JWST at $8,000,000,000. The 
Committee expects to be kept fully informed on issues relating 
to program and risk management, achievement of cost and 
schedule goals, and program technical status.
    Explorer Program.--The Committee recommends an additional 
$16,000,000 for the Explorer program in fiscal year 2013, split 
between astrophysics and heliophysics. The Committee expects 
NASA to select one stand-alone mission for heliophysics and one 
stand alone mission for astrophysics from proposals submitted 
as part of the most recent Explorer Announcement of 
Opportunity. These selections should be made regardless of any 
missions of opportunity in which NASA elects to participate. 
The Committee directs NASA to ensure that future Announcements 
of Opportunity allow for two stand alone missions to be chosen, 
one in the field of astrophysics and the other in heliophysics 
and encourages NASA to request sufficient funds to accommodate 
this two mission profile.
    Heliophysics.--Within funds provided to advance scientific 
knowledge of the Sun's impact on the Earth, the Committee 
provides the full budget request of $168,300,000 for the 
Magnetospheric Multiscale [MMS] mission. The Committee 
encourages NASA to provide necessary budget resources in fiscal 
year 2014 for MMS to achieve a launch in early 2015 with the 
full complement of instruments and both orbit phases.
    The funds provided also include $112,100,000 for the Solar 
Probe Plus mission, the same as the budget request. The 
Committee strongly supports this mission and affirms its multi-
year commitment to a 2018 launch. According to NASA's analysis, 
the advanced technology development funds provided by this 
Committee have retired substantial technical risk and 
contributed to a manageable funding profile for this project, 
which was the highest-priority recommendation of the most 
recent National Academies' heliophysics decadal report.
    The Committee notes that suborbital science missions 
provide important hands-on experience for science, technology, 
engineering and mathematics [STEM] undergraduate and graduate 
students, and directs NASA to increase its participation in 
these missions.

                   OPERATIONAL SATELLITE ACQUISITION

Appropriations, 2012....................................................
Budget estimate, 2013...................................................
Committee recommendation................................  $1,641,147,000

    The Committee's recommendation provides $1,641,147,000 for 
the acquisition and procurement of operational weather 
satellites which are displayed in the following table:

                    OPERATIONAL SATELLITE ACQUISITION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Geostationary Operational Environmental Satellite-R              746,700
 Series.................................................
Joint Polar Satellite System............................         842,064
Deep Space Climate Observatory..........................          30,000
Altimetry Mission (Jason-3).............................          22,383
                                                         ---------------
      TOTAL, OSA........................................       1,641,147
------------------------------------------------------------------------

    Cost Overruns.--Funding for these four satellite programs 
matches the administration's fiscal year 2013 request, minus 
NOAA's portion of the management costs. Contract costs have not 
been cut at this time. The program of record for JPSS currently 
remains capped at $11,900,000,000 and GOES-R remains at 
$7,670,000,000. The Committee expects NASA to further reduce 
overall life-cycle costs. NASA shall also work with NOAA in 
finding efficiencies in scale by reducing multiple ground 
stations for multiple systems. Before executing the T and U 
satellite options under the current GOES program, the Committee 
directs NASA to provide a detailed cost benefit analysis of 
maintaining the current cost-plus contract versus entering into 
a new fixed-cost contract.
    Life-Cycle Cost Reporting.--Beginning with fiscal year 2014 
and for every fiscal year thereafter, the Committee directs 
NASA to provide multi-year budget projections for all active 
satellite systems funded under this account at the time of the 
agency's budget request that cover the full life-cycle costs, 
including previous appropriations, broken out by year. For each 
satellite, NASA shall clearly state the intended launch date 
listed to the closest quarter.
    Operational Requirements.--NASA will not operate these 
satellites. NASA is the procurement agency and not the weather 
service. NASA shall continue to incorporate NOAA's operational 
requirements into the design and acquisition of these satellite 
systems. The goals for all aspects of these satellites are to: 
create a low risk of operational failure; ensure a high 
probability of staying on schedule and within budget; maximize 
the amount of meaningful data that can be acquired with 
available funding; and preserve the continuity of weather data.
    Transition of Responsibility.--The transition of these 
satellite systems from NASA to NOAA will occur at the ground 
station level, when the satellites have successfully launched 
into orbit and completed positive system checks. Leading up to 
this transition, NASA shall oversee the ground station 
procurement, with NOAA directly participating in data system 
testing for the purposes of seamlessly integrating new data 
into its data pipeline. The Committee directs the Office of 
Science and Technology Policy to work with OMB to provide 
recommendations on delineating the proper breakout of funding 
between NOAA and NASA with the fiscal year 2014 budget request.

                              AERONAUTICS

Appropriations, 2012....................................    $569,900,000
Budget estimate, 2013...................................     551,500,000
Committee recommendation................................     551,500,000

    The Aeronautics account funds research in key areas related 
to the development of advanced aircraft technologies and 
systems, including those related to aircraft safety, 
environmental compatibility and fuel efficiency; and research 
that supports the Next Generation Air Transportation System in 
partnership with the Joint Planning and Development Office.
    Within the amount provided, the Committee fully funds 
aviation safety and unmanned aircraft systems [UAS] integration 
in the National Airspace System [NAS]. NASA should examine 
expediting standards for technologies such as positive link 
control and other systems to allow uninterrupted connectivity 
to UAS that could enable safe integration of UAS into the NAS. 
The Committee is aware of the growing need to develop a 
sustainable STEM pipeline in the field of aeronautics, 
particularly among minorities and underrepresented populations. 
The Committee encourages NASA to fund competitive awards to 
address this need with particular focus on historically black 
colleges and universities with programs in related scientific 
fields in order to develop the aeronautics STEM workforce. The 
Committee supports advanced materials research that can improve 
aircraft safety.
    The Committee is disappointed in the cuts to NASA's 
hypersonics research program and expects to be informed as NASA 
seeks other Federal partners to support its world-leading 
research in this area. The Committee expects, within 30 days of 
enactment of this act, to receive a report on how NASA plans to 
maintain this hypersonics research expertise either with NASA 
funds or through collaboration with other agencies.

                            SPACE TECHNOLOGY

Appropriations, 2012....................................    $575,000,000
Budget estimate, 2013...................................     699,000,000
Committee recommendation................................     651,000,000

    The Space Research and Technology Program builds on NASA's 
current Innovative Partnership Program to fund basic research 
that can advance multi-purpose technologies to enable new 
approaches to NASA's current missions. It includes NASA's Small 
Business Innovative Research [SBIR] and Small Business 
Technology Transfer [STTR] programs.

                            SPACE TECHNOLOGY
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
SBIR and STTR.........................................          173,700
Partnership Development and Strategic Integration.....           29,500
Crosscutting Space Technology.........................          245,800
Exploration Technology................................          202,000
                                                       -----------------
      TOTAL...........................................          651,000
------------------------------------------------------------------------

    Within Space Technology, the Committee prioritizes funding 
for ongoing activities including the Flight Opportunities 
Program. Within Crosscutting Space Technology, the Committee 
encourages NASA to prioritize ongoing efforts funded in fiscal 
year 2012. The Committee recommends Space Technology continue 
to fund satellite servicing at the fiscal year 2012 level. This 
funding will contribute to the planned competitive 
demonstration mission and shall be managed by the Space 
Operations mission directorate.
    The Committee recognizes the importance of the SBIR program 
and its previous success in commercialization from federally 
funded research and development projects. The SBIR program 
encourages domestic small business to engage in Federal 
research and development and creates jobs in the smallest 
firms. The Committee recognizes that, for the past 3 years, 
NASA has awarded more than 75 percent of Phase 1 SBIR awards to 
firms of less than 50 employees, and encourages NASA to 
continue this level of investment, consistent with the SBIR 
competitive process.
    Given the significant budget challenges facing NASA, the 
Committee encourages NASA to focus advanced exploration system 
resources on technology commercialization. Existing NASA 
technologies in space energy systems have terrestrial 
applications, including developments in solar and thermal 
systems. The Committee encourages Research Centers to develop 
or continue partnerships with state and local governments, 
nonprofit organizations, institutions of higher education, and 
private corporations to commercialize existing NASA 
technologies.

                              EXPLORATION

Appropriations, 2012....................................  $3,770,800,000
Budget estimate, 2013...................................   3,932,800,000
Committee recommendation................................   3,908,900,000

    The Exploration account funds the capabilities required to 
develop, demonstrate, and deploy the transportation, life 
support and surface systems that will enable sustained human 
presence throughout the solar system, including at the space 
station, in low-Earth orbit and beyond low-Earth orbit.
    The Committee shares the administration's enthusiasm for 
new acquisition models intended to keep the cost of space 
access low and for investments in new technologies that can 
radically reduce the cost of human transportation, to and in, 
space. However, NASA cannot abdicate its responsibility for 
safety and oversight of entities receiving Federal dollars as 
an investment in developing launch and crew capabilities 
regardless of the acquisition model used.
    The Committee believes the Nation deserves a robust human 
spaceflight program. This program aims to regularly and 
reliably provide access to the International Space Station 
[ISS] and enable exploration beyond low-Earth orbit. 
Capabilities to reach ISS with U.S. vehicles and explore beyond 
low-Earth orbit must work hand in hand. The United States needs 
to continue building a heavy lift rocket to complement 
commercial activities for a sustainable human spaceflight 
program that can accomplish both of these goals.
    One of the greatest successes of the ISS has been a true 
partnership between the United States and other space faring 
nations to live and work in space. For our next stage of space 
exploration, the United States will need to engage its partners 
to have a truly robust and successful program. With the funds 
provided here, the United States will be able to contribute 
heavy lift launch technology, including the capability to 
launch humans beyond low-Earth orbit, to that effort.
    In its annual report for 2011, the Aerospace Safety 
Advisory Panel [ASAP] notes that NASA's new methods to set 
safety standards for human spaceflight allow NASA to permit 
riskier operations. For example, the requirement for 
probability of a loss of crew on the ISS has changed from 1 in 
1,000 to 1 in 270--less than one-third as safe as the old 
standard. ``The ASAP continues to recommend that NASA 
reconsider its criteria for future human spaceflight.'' The 
Committee considers astronaut safety its highest priority and 
directs NASA to report on the agency's plan to ensure NASA's 
safety standards improve rather than slip as NASA develops new 
vehicles and begins to purchase crew transportation services 
from commercial providers.

                               EXPLORATION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Exploration Research and Development..................          308,000
Commercial Space Flight...............................          525,000
Orion Multipurpose Crew Vehicle.......................        1,200,000
Heavy Lift Launch Vehicle System......................        1,481,900
Exploration Ground Systems............................          394,000
                                                       -----------------
      TOTAL...........................................        3,908,900
------------------------------------------------------------------------

    Heavy Lift Launch Vehicle.--The Committee provides 
$1,481,900,000 to build the integrated heavy lift launch 
vehicle system. The system shall enable human transportation at 
the highest possible safety standards and lowest life cycle 
costs for beyond low-Earth orbit and is being designed, 
managed, and integrated by the Marshall Space Flight Center. 
This funding shall be part of a sustained, evolvable effort 
around a common core to culminate in an initial human 
capability by 2017, using fixed price contracts for components 
wherever possible. The system shall be evolvable to lift the 
necessary elements for missions beyond low-Earth orbit in order 
to extend human exploration capabilities. The program shall be 
managed under a strict cost cap of $10,000,000,000 through 
fiscal year 2017, as evaluated by the Independent Cost Analysis 
[ICA]. Within 60 days of enactment, NASA shall update its 
previous report to the Committee on planned milestones, 
expected performance of the low-Earth orbit and beyond low-
Earth orbit configurations, planned ground and early flight 
testing programs and deliverables for the heavy lift launch 
vehicle program, along with any existing contract vehicles the 
agency intends to use for this purpose. As part of this report, 
NASA shall evaluate the preceding cost cap and validate the cap 
or provide a viable and validated alternative.
    Orion Crew Exploration Vehicle.--The Committee provides 
$1,200,000,000 for an Orion crew exploration vehicle that will 
enable human transportation beyond low-Earth orbit. The vehicle 
shall be capable of being launched on the heavy lift launch 
vehicle and may also provide alternative access to low-Earth 
orbit, including the ISS, by fiscal year 2014, using fixed 
price contracts for components wherever possible. The Committee 
is encouraged by NASA's plans for a test-flight of Orion in 
2014. The program shall be managed under a strict cost cap of 
$6,000,000,000 through fiscal year 2017, as evaluated by the 
ICA. Within 60 days of enactment, NASA shall update its 
previous report to the Committee on planned milestones, 
expected performance and configurations, planned testing 
program, and deliverables for the crew exploration vehicle 
program, along with any suggestions for streamlining oversight. 
As part of this report, NASA shall evaluate the preceding cost 
cap and validate the cap or provide a viable and validated 
alternative.
    Exploration Ground Systems.--The Committee provides 
$394,000,000 for Exploration Ground Systems. The Committee 
appreciates NASA identifying ground operations related to the 
Orion multipurpose crew vehicle and the heavy lift launch 
vehicle system separately from the funding to develop those 
systems. The program shall be managed under a strict cost cap 
of $2,000,000,000 through fiscal year 2017, as evaluated by the 
ICA. Within 60 days of enactment, NASA shall report to the 
Committee on planned milestones, expected performance, planned 
testing program, and deliverables for the exploration ground 
systems program. As part of this report, NASA shall evaluate 
the preceding cost cap and validate the cap or provide a 
validated and viable alternative. The Committee notes that the 
purposes authorized in section 305 of Public Law 111-267 
include both ground operations and multi-purpose infrastructure 
projects that support both crew and cargo launches.
    Commercial Crew.--The Committee recommends $525,000,000 for 
commercial crew activities. The Committee is pleased by NASA's 
commitment to hold commercially developed launch vehicles to be 
used to carry out NASA missions to the same safety standards as 
Government-developed launch vehicles. NASA must have reliable 
U.S. transportation to the ISS.
    The Committee encourages NASA to develop plans to fully 
utilize NASA-owned rocket testing infrastructure for 
commercially developed launch vehicles to ensure that these 
vehicles are tested in the same manner as Government-developed 
launch vehicles.
    NASA intends to use funds provided for commercial 
spaceflight to fund Space Act agreements intended to result in 
the design of multiple, end-to-end crew transportation systems. 
Within the funds available, NASA should strive to ensure that 
multiple competitors remain, but should also be mindful that, 
faced with a stagnant future budget, NASA should not take on 
obligations to more companies than can be practically 
supported. It is vital that NASA wisely invest available funds 
in companies that agree to adhere to NASA's safety guidelines. 
The Committee shares concern expressed by the ASAP, the OIG, 
and others that Space Act agreements may not give NASA 
sufficient oversight to correct safety defects. NASA has 
assured the Committee that any subsequent phase of the 
commercial crew program will be awarded as a contract under the 
Federal Acquisition Regulations [FAR]. The Committee directs 
NASA to only place astronauts on a commercial crew vehicle that 
NASA acquired under a contract that allows NASA to require the 
company to meet all safety requirements. The Committee 
encourages NASA to continue working closely with commercial 
companies, even under Space Act agreements, so that those 
companies know what will be acceptable should NASA eventually 
contract for crew transportation services aboard those 
companies' vehicles.
    Commercial Orbital Transportation Services [COTS] Cargo.--
While funding was neither requested nor provided for COTS 
cargo, the Committee continues its support for ensuring the 
continued viability and productivity of the ISS through its 
extended service life by funding commercial cargo 
transportation development. Funds provided in prior years will 
support the existing COTS cargo program, aimed at enabling the 
commercial space industry in support of NASA to develop 
reliable means of launching cargo and supplies to the ISS. NASA 
is directed to continue efforts to ensure both competitors 
launch this calendar year. The Committee notes that funding is 
provided in Space Operations to procure cargo launch services.

                            SPACE OPERATIONS

Appropriations, 2012....................................  $4,233,600,000
Budget estimate, 2013...................................   4,013,200,000
Committee recommendation................................   3,961,700,000

    The Space Operations account funds the Space Shuttle, the 
ISS, and the supporting functions required to conduct 
operations in space. The Space Shuttle retired in 2011 after 30 
years of service. The ISS is a complex of research laboratories 
in low-Earth orbit in which American, Russian, Canadian, 
European, and Japanese astronauts are conducting unique 
scientific and technological investigations in a microgravity 
environment.

                            SPACE OPERATIONS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Space Shuttle..........................................           70,000
International Space Station............................        2,957,600
Space and Flight Support...............................          893,000
21st Century Launch Complex............................           41,100
                                                        ----------------
      TOTAL............................................        3,961,700
------------------------------------------------------------------------

    Space Shuttle.--The Committee provides $70,000,000 for 
Space Shuttle to continue transition and retirement activities.
    Satellite Servicing.--Within the amounts provided, 
$50,000,000 shall be to continue development of a flight 
robotic servicing capability for servicing satellites in 
geosynchronous Earth orbits, as well as in low-Earth orbits. 
This effort is a continuation of the flight development effort 
funded in fiscal year 2012 and shall include the capability to 
service other Government satellites operated by NOAA, 
Department of Defense, and other agencies. NASA shall seek a 
U.S. commercial partner in the support of the initial mission, 
so as to foster the creation of a follow-on commercial 
satellite servicing capability that meets the needs of both the 
commercial and government sectors. These funds will be 
augmented by existing Space Technology funds for these 
activities. Space Operations shall be responsible for the 
overall direction and management of all agency satellite 
servicing activities and funds.
    International Space Station.--The Committee has provided 
$2,957,600,000 for the ISS Program, which includes ISS 
Operations, ISS Research, and ISS Cargo Crew Services. The 
Committee fully supports the administration's plan to extend 
ISS research and operations through 2020. This Committee has 
consistently supported the construction and operation of the 
ISS on the promise that it would support world class science 
that could improve life on Earth. For example, experiments on 
the ISS may yield a vaccine for salmonella, a food borne 
illness that sickens 40,000 and kills 600 in the United States 
annually. Due to the retirement of the space shuttle, 
commercial cargo transportation of experiments and logistics is 
essential to ensuring that ISS can function as a national 
laboratory.
    21st Century Launch Complex.--The Committee provides the 
full budget request of $41,100,000 for the 21st Century Launch 
Complex. This program is intended to revitalize the aging 
infrastructure at the Kennedy Space Center and other NASA 
facilities to support the human space flight program. NASA 
should place a priority on the use of funds for future ground 
operations and to improve only NASA-owned facilities for launch 
vehicles intended to serve NASA missions, including the heavy 
lift launch vehicle system. Funding for the 21st Century Launch 
Complex may be used at other NASA flight facilities that are 
currently scheduled to launch cargo to the International Space 
Station under the COTS program, to upgrade the launch 
infrastructure to improve efficiency and safety. NASA shall 
provide the Committee an updated 5-year plan for this funding 
within 60 days of the date of enactment of this act that 
includes all NASA-owned flight facilities.

                               EDUCATION

Appropriations, 2012....................................    $138,400,000
Budget estimate, 2013...................................     100,000,000
Committee recommendation................................     125,000,000

    The Committee provides $125,000,000 for Education, which is 
$13,400,000 below the fiscal year 2012 level and $25,000,000 
above the budget request. The Education account funds science, 
technology, engineering, and mathematics [STEM] education 
activities to educate and inspire our next generation of 
explorers and innovators.

                                EDUCATION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
NASA Space Grant........................................          40,000
Experimental Program to Stimulate Competitive Research..          18,000
Minority University Research and Education Program......          30,000
NASA Visitors Centers...................................          10,000
STEM Education and Accountability Projects..............          27,000
                                                         ---------------
    TOTAL...............................................         125,000
------------------------------------------------------------------------

    Once again in developing its fiscal year 2013 budget, NASA 
has ignored successful programs like Space Grant and the 
Experimental Program to Stimulate Competitive Research [EPSCoR] 
that give students across the Nation access to NASA resources. 
NASA has also ignored local efforts to expand the reach and 
effectiveness of its visitors centers which serve as gateways 
for students and teachers. In developing future budgets, the 
Committee directs NASA to utilize these existing and proven 
tools.
    In addition to funds provided within the Education account, 
each mission directorate utilizes funding for education 
activities. However, NASA has been unable to provide an 
adequate, full accounting of those activities agency-wide. 
Therefore it is impossible for the Committee to know the extent 
and value of the agency's STEM education efforts. The Committee 
therefore directs NASA to include in its annual budget 
justifications the amount within each mission directorate that 
will be expended for education activities and the specific 
purposes for which those funds will be expended.
    The Committee is concerned with potential duplication of 
Federal STEM education efforts and encourages NASA to ensure 
its education programs are fully evaluated for effectiveness 
and to exploit NASA's unique potential to reach students 
through space and aeronautics without duplicating other 
efforts. The Committee applauds NASA's efforts to augment 
evaluation and encourages NASA to fully participate in OSTP-led 
efforts to ensure STEM education programs are efficient, 
effective, and coordinated.
    NASA Space Grant.--The Committee is disappointed at NASA 
efforts to hold back funds appropriated for NASA Space Grant 
and directs that within the $40,000,000 provided for Space 
Grant, NASA fund 42 States or jurisdictions at $790,000 and 10 
States or jurisdictions at $620,000. NASA's administrative fee 
is limited to $620,000.
    Educational Activities at NASA Centers.--The Committee 
provides $10,000,000 for the development of educational 
activities at NASA's centers and directs NASA to distribute 
this amount in equal amounts to each center's official visitor 
center for the development of STEM educational activities, 
including exhibits, without assessing any administrative 
charges.

                          CROSS-AGENCY SUPPORT

Appropriations, 2012....................................  $2,995,000,000
Budget estimate, 2013...................................   2,847,500,000
Committee recommendation................................   2,822,500,000

    The Cross-Agency Support account funds agency management, 
including headquarters and each of the nine NASA field centers, 
as well as the design and execution of non-programmatic 
Construction of Facilities and Environmental Compliance and 
Restoration activities.
    Independent Verification and Validation [IV&V] Program.-- 
Within the amounts provided for cross-agency support, the 
Committee recommends $39,100,000 for NASA's IV&V Program.
    Cybersecurity.--According to the NASA OIG, ``NASA spends 
more than $1,500,000,000 annually on its IT-related activities, 
including approximately $58,000,000 for IT security.'' Despite 
this spending, the OIG revealed that NASA suffered more than 
5,000 cyber attacks in 2010 and 2011. Control of NASA's IT 
assets is diffuse, leaving NASA's chief information officer 
without adequate authority to mandate IT security practices. 
One example of these suboptimal IT security practices is NASA's 
laptop computers. While these computers often carry important 
control protocols, only 1 percent of NASA laptops are 
encrypted, compared to a Government-wide average of 54 percent. 
Cybersecurity has been identified as one of NASA's top 
management challenges by the OIG. Within 60 days of the date of 
enactment of this act, NASA shall report to the Committee on 
specific actions it will take to improve IT security, with 
particular focus on IT-security governance, a defect identified 
by the OIG. NASA shall also submit these actions to the OIG for 
an evaluation of whether these actions meet the recommendations 
of the OIG and have the potential to remove cybersecurity from 
the top management challenges list.
    NASA Supplemental Classification System [NSCS].--Within 
funds provided, NASA shall use $500,000 to contract with an 
organization or other Government agency with expertise in laws 
governing the Federal civil service to review NASA's NSCS to 
analyze whether reclassifications of professional 
administrative employees that have resulted in jobs being 
reclassified as exempt under the Fair Labor Standards Act 
[FLSA] or as being excluded from an existing bargaining unit 
meet the requirements of FLSA and Federal civil service law, 
regulation, and policy. The analysis should focus on 
reclassifications within the last 4 years. Within 180 days of 
enactment of this act, NASA shall return any employees filling 
improperly reclassified positions to bargaining unit status, 
using the results of the analysis. If the analysis is not 
complete, NASA shall return all employees filling reclassified 
positions described above to bargaining unit status pending the 
outcome of the review. Any such future reclassifications shall 
clearly detail the specific job duties that have resulted in 
the job being reclassified.
    Employee Performance Communications System [ECPS].--The 
Committee is awaiting the results of GAO's assessment of NASA's 
EPCS. GAO's pending assessment should not be used as an 
impediment to performance system reforms that result in 
increased accountability and fairness for NASA employees.
    NASA's Use of Term Positions.--The Committee directs NASA 
to provide a report no later than 60 days after enactment of 
this act providing the total number of term positions (both new 
hires and renewals) to be funded under this act, as well as a 
summary of NASA's use of term positions since 2008.

       CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriations, 2012.................................... \1\$390,000,000
Budget estimate, 2013...................................     619,200,000
Committee recommendation................................     679,000,000

\1\Does not include $101,500,000 transferred from Space Operations and 
Exploration in fiscal year 2012.

    The Construction and Environmental Compliance and 
Remediation account provides for design and execution of 
programmatic, discrete and minor revitalization, construction 
of facilities projects, facility demolition projects, and 
environmental compliance and remediation activities.

        CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Construction of Facilities (CoF)......................          619,000
    Institutional CoF.................................         (350,200)
    Science CoF.......................................           (3,200)
    Exploration CoF...................................         (243,700)
    Space Operations CoF..............................          (21,900)
Environmental Compliance and Restoration..............           60,000
                                                       -----------------
      Total, Construction and Environmental Compliance          679,000
       and Restoration................................
------------------------------------------------------------------------

    Funding for Construction.--The Committee appreciates NASA 
requesting funds for construction related to the 21st Century 
Launch Complex, the Orion Multipurpose Crew Vehicle, the heavy 
lift launch vehicle system, and Exploration Ground Systems 
within this account. However, NASA still seems to have emerging 
construction needs, including those related to test facilities, 
that necessitate updates to the construction priorities list 
subsequent to the budget submission.
    The Committee provides NASA an additional $100,000,000 for 
Exploration Construction of Facilities to be used for test 
facilities related to the heavy lift launch vehicle system. The 
Committee understands that NASA's requirement for these 
facilities is still being analyzed and that the full cost may 
exceed the funds provided herein. While the Committee is 
sympathetic to emerging needs, fiscal year 2013 represents the 
third budget year for these programs, and therefore, the 
Committee expects NASA to have a well developed and consistent 
construction plan related to these vehicles and ground and test 
facilities articulated in the fiscal year 2014 budget request.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2012....................................     $37,300,000
Budget estimate, 2013...................................      37,000,000
Committee recommendation................................      37,800,000

    The Committee recommendation provides $37,800,000 for the 
Office of Inspector General [IG]. The Office is responsible for 
promoting efficiency and preventing and detecting crime, fraud, 
waste, and mismanagement.
    Continuing To Monitor NASA Conference Expenditures.--In 
March 2010, the IG issued a report investigating NASA-sponsored 
conferences exceeding $20,000. The report highlights a 
``Procurement Training Conference'' for NASA budget employees 
held in Baltimore, Maryland, in December 2008. Costs for this 
conference ran $495,173. A comparable conference costs one-half 
the price for twice as many attendees. Bagels and coffee cost 
$62,000, or $66 per person, $7 more than the per diem rate for 
an entire day's meals. Under section 537 of the bill, NASA will 
continue to submit quarterly reports to the IG regarding the 
costs and contracting procedures relating to each conference or 
meeting held by NASA for which the cost to the Government was 
more than $20,000. The IG shall continue to audit these 
expenses to ensure that NASA has taken the corrective actions 
suggested in the March 2010 report.
    Use of Space Act Agreements.--The Committee is concerned 
that NASA's current process by which Space Act agreements are 
entered into do not follow the guidelines set forth in NASA 
Policy Directive 1050.1I. This directive states that funded 
Space Act Agreements may be used only when the agency's 
objective cannot be accomplished through the use of a 
procurement contract, grant, or cooperative agreement. The 
Committee asked NASA to follow these guidelines for future 
rounds of commercial crew competitions and acquisitions in 
order to preserve critical NASA oversight of Federal funds 
provided for spacecraft and launch vehicle development. NASA 
has chosen to use Space Act agreements. The Committee requests 
that the Inspector General conduct a review and report to the 
Committee, no less than 45 days from enactment, on NASA's use 
of Space Act agreements, including recommendations for 
implementation by which NASA can remain in compliance with its 
own directives. For the purposes of the review, guidance 
provided by the Office of General Counsel and the Budget Office 
shall be reviewed for consistency with NASA's policy directive. 
The review shall include agreements currently in place, in 
process, and those proposed for future procurement by NASA.

                       ADMINISTRATIVE PROVISIONS

    The Committee includes bill language regarding the 
availability of funds for certain prizes. The Committee also 
includes bill language regarding: transfers of funds between 
accounts, the NASA spending plan for fiscal year 2013, and the 
availability of enhanced use leasing funds.

                      National Science Foundation

Appropriations, 2012....................................  $7,033,095,000
Budget estimate, 2013...................................   7,373,100,000
Committee recommendation................................   7,273,100,000

    The Committee's recommendation provides $7,273,100,000 for 
the National Science Foundation [NSF]. The recommendation is 
$240,005,000 above the fiscal year 2012 enacted level and 
$100,000,000 below the budget request.
    The National Science Foundation was established as an 
independent agency by the National Science Foundation Act of 
1950 (Public Law 81-507) and is authorized to support research 
and education programs that promote the progress of science and 
engineering in the United States. The Foundation supports 
research and education in all major scientific and engineering 
disciplines through grants, cooperative agreements, contracts, 
and other forms of assistance in all parts of the United 
States. The Foundation also supports unique, large-scale 
research facilities and international facilities.
    NSF is the principal Federal agency charged with promoting 
science and engineering education from pre-kindergarten through 
career development. This helps ensure that the United States 
has world-class scientists, mathematicians and engineers, and 
well-prepared citizens for today and the future. In today's 
global economy, continued progress in science and engineering 
and the transfer of the knowledge developed is vital if the 
United States is to maintain its competitiveness. NSF is at the 
leading edge of the research and discoveries that will create 
the jobs and technologies of the future.
    In order to achieve these lofty goals, NSF must rely on its 
employees to ensure fairness and integrity in the merit review 
process, to provide support and oversight to grantees, and to 
soundly manage NSF's investments so that taxpayers get value 
for the dollar. The NSF OIG can and should be a partner in 
ensuring that NSF's management of its funds matches the world-
class status of its science. The Committee is, therefore, 
disappointed in NSF management responses to NSF OIG reports. 
For example, NSF's response to a March 16, 2012, OIG report on 
NSF's Independent Research and Development Program was to 
``welcome the recommendations'' seeing them as ``valuable'' and 
to agree ``additional steps'' were needed. NSF vowed to 
``reevaluate'' and ``explore'' two specific recommendations, 
but no action plan was articulated, nor did NSF management 
articulate a schedule for responding more proactively.
    The OIG identified this lack of follow through and 
implementation in its March 2011 report on improving workforce 
management. The report describes recommendations made by 
workforce committees that resulted in no action because no 
official seemed to have both the will and the authority to 
implement them. OIG went on to say: ``Absent such authority, it 
is far too easy for the `paralysis of analysis' to set in and 
inhibit much-needed progress.'' The OIG has also made 
meritorious recommendations on NSF management of wireless 
devices, on contract administration, and on the treatment of 
contingency funding within NSF's Major Research Equipment and 
Facilities Construction [MREFC] account. The Committee directs 
NSF to provide, within 30 days of the enactment of this act, a 
report listing every outstanding OIG recommendation, NSF's 
strategy for implementation of the recommendation, any interim 
progress, expected date of completion, and the official 
responsible for implementing the recommendation. This report 
should be updated monthly. In addition, the Committee expects 
future NSF responses to OIG reports to include more robust and 
specific responses.
    With regard to workforce management, NSF has fallen from 
the Federal Government's 2nd best place to work in 2005 to 5th 
among small agencies in 2009 to 18th among small agencies in 
2011, according to the Partnership for Public Service's Best 
Places to Work. Rather than treating this as a cause for alarm, 
NSF continues to drag its feet on workplace management issues, 
as noted above. In its report delivered to the Committee on 
April 5, 2012, NSF outlined the inclusion of workforce 
management sub-goals in its performance plan as evidence that 
NSF is committed to addressing workforce management issues. 
However, the report failed to detail for each of the more than 
100 recommendations analyzed by the OIG when or if NSF intends 
to implement the recommendation, the schedule, and the senior 
responsible official for implementation. NSF shall deliver an 
update to the report within 15 days of the enactment of this 
act providing such information for each of the specific 
recommendations, including those already implemented.
    Within 30 days of the enactment of this act, NSF shall 
deliver a report to the Committee outlining the number of 
positions staffed under the Intergovernmental Personnel Act 
[IPA] for each year since fiscal year 2008. The report should 
include the number of IPA personnel in management positions, 
along with the percentage of management and senior management 
positions held by IPA personnel for each year. The report 
should also include the number and percentage of management and 
senior management positions that came open during each of those 
years that were filled by IPA personnel, by career civil 
servants, and by other personnel arrangements. Statistics on 
associate director and higher positions should be reported both 
within the total and as a separate category.
    The Committee reiterates its long-standing requirement that 
NSF submit reprogrammings when initiating new programs or 
activities of more than $500,000 or reorganizing components. 
The Committee expects to be notified of reprogramming actions 
which involve less than the above-mentioned amount if such 
actions would have the effect of changing the agency's funding 
requirements in future years, or if programs or projects 
specifically cited in the Committee's reports are affected.
    The Committee appreciates the NSF's commitment to 
terminating programs that are outdated, duplicative, or no 
longer achieving their goals. The Committee accepts NSF's 
proposal for 11 cuts and consolidations totaling $67,000,000 in 
savings from the fiscal year 2012 level, including elimination 
of three Computer and Information Science and Engineering 
Research programs; termination of the Cyber-enabled Discovery 
and Innovation [CDI] program; elimination of four Mathematics 
and Physical Sciences Research programs; reduced funding for 
Nanoscale Science and Engineering Centers [NSECs]; and 
elimination of two duplicative public outreach programs.

                    RESEARCH AND RELATED ACTIVITIES

Appropriations, 2012....................................  $5,719,000,000
Budget estimate, 2013...................................   5,983,280,000
Committee recommendation................................   5,883,280,000

    The Committee's recommendation provides $5,883,280,000. The 
recommendation is $164,280,000 above the fiscal year 2012 
enacted level and $100,000,000 below the budget request.
    The Research and Related Activities [R&RA] appropriation 
funds scientific discovery, trains a dynamic workforce, and 
supports broadly accessible state-of-the-art tools and 
facilities. Research activities will contribute to the 
achievement of these outcomes through expansion of the 
knowledge base; integration of research and education; 
stimulation of knowledge transfer among academia and public and 
private sectors; and international activities, and will bring 
the perspectives of many disciplines to bear on complex 
problems important to the Nation. The Foundation's discipline-
oriented R&RA account includes: Biological Sciences; Computer 
and Information Science and Engineering; Engineering; 
Geosciences; Mathematical and Physical Sciences; Social, 
Behavioral and Economic Sciences; Office of 
Cyberinfrastructure; Office of International Science and 
Engineering; Office of Polar Programs; Integrative Activities; 
and U.S. Arctic Research Commission.
    The Committee's fiscal year 2013 recommendation renews its 
support for Federal long-term basic research that has the 
potential to be transformative to our economy and our way of 
life in the context of a Federal budget that is shrinking. 
However, the Foundation has chosen, in its budget request, to 
prioritize new initiatives while cutting support for core, 
merit-based science grants and for scientific infrastructure 
like ships and facilities. The seven ``OneNSF'' framework 
priority activities have grown nearly fivefold from 
$166,750,000 in fiscal year 2011 to $807,100,000 in the fiscal 
year 2013 request. While the Committee supports these multi-
disciplinary initiatives, it cannot do so by cutting NSF's core 
programs. The Committee directs that the $100,000,000 reduction 
below the fiscal year 2013 request level for R&RA be taken from 
the proposed $290,850,000 increases in OneNSF initiatives and 
not from core NSF program or infrastructure funding. The 
Committee urges NSF to reconsider cuts to key scientific 
infrastructure when delivering its spending plan by further 
reducing proposed increases for OneNSF initiatives.
    Scientific Facilities and Instrumentation.--A critical 
component of the Nation's scientific enterprise is the 
infrastructure that supports researchers in discovery science. 
Investments to advance the frontiers of research and education 
in science and engineering are critical to the Nation's 
innovation enterprise. The Committee expects the NSF to fully 
fund world-class U.S. scientific research facilities and 
instruments to adequately support scientists and students 
engaged in ground-breaking research to maximize sustained 
investments in research.
    Astronomy.--The Committee recommends the full budget 
request of $244,550,000 for astronomical sciences in fiscal 
year 2013, of which $161,890,000 shall be used for 
infrastructure. The additional funds should be applied within 
astronomical infrastructure so that all existing observatories 
receive not less than 98 percent of the higher of their fiscal 
year 2011 or fiscal year 2012 funding level as specified in the 
congressional justification for fiscal year 2013. The research 
resources line is funded at the budget request as is pre-
construction planning. No funds should be applied to the 
Telescope System Instrumentation Program. Research investment 
in the EARS program from astronomy should be reduced on a 
dollar-for-dollar basis from the level proposed in the budget 
request. Funding for EARS will be considered from non-
astronomical division sources if the Foundation seeks a 
reprogramming in the fiscal year 2013 spending plan.
    The Committee notes that the Foundation has proposed a 
wide-ranging review of the portfolio for investments in 
astronomy including optical astronomy facilities, radio 
astronomy facilities, and individual investigator grants. 
Although the overall budget request level for fiscal year 2013 
proposed an increase for NSF of 4.8 percent over fiscal year 
2012, astronomy infrastructure was proposed to be held constant 
in the fiscal year 2013 request. The Committee intends to 
review any proposed restructuring of the portfolio for 
astronomy to ensure balance among the competing programs, and 
that core infrastructure capabilities needed to preserve U.S. 
leadership and broad access for the community are preserved.
    The Committee welcomes the line item identification of pre-
construction funds for future major MREFC projects, including 
the Large Synoptic Survey Telescope, the astrophysics decadal 
survey's top ranked ground-based priority in the coming decade. 
This joint NSF-Department of Energy project will provide 
unprecedented views of the changing sky and will drive key 
advances in cyber-infrastructure and large-volume data 
management. The Committee provides funding at the request level 
in order to make progress towards a potential new start in a 
subsequent year, subject to the project meeting the necessary 
conditions for such action.
    Radio Astronomy.--United States-based astronomy facilities 
continue to make groundbreaking discoveries and conduct world-
class scientific research. NSF should consider allocating 
adequate funding within the amounts provided to sustain 
operations at domestic radio astronomy facilities while 
transitioning to full operation of the Atacama Large Millimeter 
Array.
    Cybersecurity.--The Committee's recommendation includes the 
full request of $161,000,000 for cybersecurity research, 
including $57,000,000 for NSF's contribution to the 
Comprehensive National Cybersecurity Initiative. NSF provides 
82 percent of the total Federal support for basic computer 
science research at academic institutions. As government, 
business and society become more interconnected and dependent 
on computers, mobile devices and the Internet, it becomes more 
important that those systems be reliable, resilient and 
resistant to attacks. The discovery and innovation in 
cybersecurity supported by NSF will form the intellectual 
foundations for practical applications that make our 
information networks safer, more secure, and better able to 
protect our information.
    Experimental Program To Stimulate Competitive Research 
[EPSCoR].--Within the amount provided, the Committee provides 
$158,000,000 for EPSCoR, an amount that is $19,000 less than 
the fiscal year 2013 request.
    Support for Academic Research Fleet.--At a time of rising 
costs for fuel and material, the Committee is concerned about 
maintaining an adequate funding level for the Academic Research 
Fleet and related research to ensure vessels are properly 
maintained and effectively utilized. The Committee supports the 
full budget request level for Regional Class Research Vessels 
but is concerned this amount may not be adequate to support 
needed design work for planned acquisition of three regional 
class vessels.

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

Appropriations, 2012....................................    $167,055,000
Budget estimate, 2013...................................     196,170,000
Committee recommendation................................     196,170,000

    The Committee's recommendation provides $196,170,000. The 
recommendation is $29,115,000 above the fiscal year 2012 
enacted level and the same as the budget request.
    The major research equipment and facilities construction 
appropriation supports the acquisition, procurement, 
construction, and commissioning of unique national research 
platforms and facilities as well as major research equipment. 
Projects supported by this appropriation will push the 
boundaries of technology and offer significant expansion of 
opportunities, often in new directions, for the science and 
engineering community. Preliminary design and development 
activities, on-going operations, and maintenance costs of the 
facilities are provided through the Research and Related 
Activities appropriation account.
    The Committee's recommendation includes funding at the 
requested level for the following ongoing projects: the 
Advanced Laser Interferometer Gravitational Wave Observatory 
[AdvLIGO]; the Advanced Technology Solar Telescope [ATST]; the 
Ocean Observatories Initiative [OOI]; and the National 
Ecological Observatory Network [NEON]. It represents the 
completion of funding for construction of the Atacama Large 
Millimeter Array [ALMA].

                     EDUCATION AND HUMAN RESOURCES

Appropriations, 2012....................................    $829,000,000
Budget estimate, 2013...................................     875,610,000
Committee recommendation................................     875,610,000

    The Committee's recommendation provides $875,610,000. The 
recommendation is $46,610,000 above the fiscal year 2012 
enacted level and the same as the budget request.
    The education and human resources appropriation supports a 
comprehensive set of programs across all levels of education in 
science, technology, engineering and mathematics [STEM]. The 
appropriation supports activities that unite school districts 
with institutions of higher learning to improve precollege 
education. Other precollege activities include the development 
of the next generation of precollege STEM education leaders, 
instructional materials and the STEM instructional workforce. 
Undergraduate activities support curriculum, laboratory and 
instructional improvement; expand the STEM talent pool; attract 
STEM participants to teaching; augment advanced technological 
education at 2-year colleges; and develop dissemination tools. 
Graduate support is directed to research and teaching 
fellowships and traineeships and instructional workforce 
improvement by linking precollege systems with higher 
education. Programs also seek to broaden the participation of 
groups underrepresented in the STEM enterprise and promote 
informal science education. Ongoing evaluation efforts and 
research on learning strengthen the base for these programs.
    The Committee strongly encourages NSF to continue support 
for undergraduate science and engineering education. At a time 
when enrollment in STEM fields of study continues to decline, 
it is important that NSF use its position to support students 
working towards degrees in these areas.
    Creating a strong science and engineering workforce for the 
future is vital to maintaining the Nation's competitive edge. 
As the National Academies report ``Rising Above the Gathering 
Storm'' and, before that, the Hart-Rudman report on ``Road Map 
for National Security: Imperative for Change'' so 
illustratively point out, the future of U.S. competitiveness 
rests on our ability to train the next generation of scientists 
and engineers.
    Advanced Technological Education.--The Committee supports 
the full request level of $64,000,000 for Advanced 
Technological Education.
    Robert Noyce Scholarship Program.--The Committee has 
provided the fiscal year 2012 enacted level of $54,890,000 for 
the Robert Noyce Scholarship program. This program helps fill 
the critical need for STEM teachers in elementary and secondary 
schools by funding institutions of higher education to provide 
scholarships, stipends and programmatic support to recruit and 
prepare STEM majors and professionals to become K-12 teachers. 
Scholarship and stipend recipients are required to complete 2 
years of teaching in a high-need school district for each year 
of support.
    Federal Cyber Service: Scholarships for Service.--At the 
same time that more Americans are relying on the Internet and 
networked systems for business and pleasure, threats to those 
systems are growing. The Federal Cyber Service: Scholarships 
for Service program helps the Federal Government respond to 
threats to our information technology infrastructure by 
providing scholarships to train cybersecurity professionals. In 
return, scholarship recipients agree to serve in a Federal 
Government agency position, building the Government's capacity 
to understand, respond to, and prevent cyber threats. More than 
900 students have completed the program, which was initiated in 
fiscal year 2001; 92.6 percent of students have placed with 
more than 120 Federal agencies. The Committee provides 
$45,000,000, which is $20,000,000 above the requested level, to 
expand the Federal Cyber Service: Scholarships for Service 
program.
    Not less than $5,000,000 of the additional amount should be 
used to include community colleges that have been designated a 
Center of Academic Excellence in Information Assurance 2-Year 
Education [CAE2Y] by the National Security Agency and the 
Department of Homeland Security.
    Informal Science Education.--The Committee maintains its 
strong support for NSF's informal science education program and 
rejects the proposed cut to Advancing Informal STEM Learning 
[AISL], formerly known as Informal Science Education. A report 
from the National Academy of Sciences, ``Learning Science in 
Informal Settings'', found evidence that nonschool science 
programs involving exhibitions, media projects, emerging 
learning technologies, and other informal education programs 
stimulate students and increase their interest in STEM 
education.
    The Committee encourages NSF to invest AISL funds in the 
design, development, and implementation of models, resources, 
and public engagement programs for STEM learning. 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, citizen 
science, science festivals, and out-of-school programs. 
Research funded by the AISL program should advance an informal 
learning infrastructure that deepens student, teacher, and 
public STEM expertise.
    Graduate Research Fellowship Program Eligibility.--The 
Graduate Research Fellowship Program [GRFP] provides 3 years of 
support for outstanding graduate students who are pursuing 
research-based master's and doctoral degrees in fields within 
NSF's mission. The Committee is concerned that meritorious 
applications from the field of psychology are being rejected 
without review based solely on the fact that the applicant is 
enrolled in a Clinical Psychology program, even when his or her 
application and academic work is focused on areas of basic 
research within the NSF mission. Therefore, the Committee urges 
NSF to ensure that the review of GRFP applications is based on 
the merits of the research proposed and that applicants are not 
rejected for reasons unrelated to the quality and merits of the 
proposed research.
    Broadening Participation.--The Committee continues its 
longstanding support for existing initiatives to broaden 
participation in STEM fields and recognizes these programs have 
different purposes and engage students in a different manner. 
The Committee notes support for these programs has stagnated in 
spite of increases to the overall NSF budget. The Committee 
recommends $33,000,000 for the Historically Black Colleges and 
Universities Undergraduate Program, $45,750,000 for the Louis 
Stokes Alliances for Minority Participation, $13,350,000 for 
the Tribal Colleges and Universities Program, and $25,000,000 
for Centers for Research Excellence in Science and Technology. 
In proposal selection, the Committee encourages NSF to give 
priority to grant proposals that have demonstrated maturity, 
including previous partnerships with other Federal agencies.
    The Committee is also committed to growing the STEM 
workforce by attracting broader participation from all 
underrepresented groups in STEM fields. The Committee directs 
NSF to maintain Research in Disabilities Education [RDE] and 
Research on Gender in Science and Engineering [GSE] as separate 
programs at the fiscal year 2012 enacted level.

                 AGENCY OPERATIONS AND AWARD MANAGEMENT

Appropriations, 2012....................................    $299,400,000
Budget estimate, 2013...................................     299,400,000
Committee recommendation................................     299,400,000

    The Committee's recommendation provides $299,400,000. The 
recommendation is the same as the fiscal year 2012 enacted 
level and the budget request.
    The appropriation provides salaries and expenses funds for 
staff salaries, benefits, travel, training, rent, advisory and 
assistance services, communications and utilities expenses, 
supplies, equipment and other operating expenses necessary for 
management of the National Science Foundation's research and 
education activities.
    The Committee directs NSF to find savings from operating 
expenses and future headquarters planning.

                  OFFICE OF THE NATIONAL SCIENCE BOARD

Appropriations, 2012....................................      $4,440,000
Budget estimate, 2013...................................       4,440,000
Committee recommendation................................       4,440,000

    The Committee recommendation provides $4,440,000. The 
recommendation is the same as the fiscal year 2012 enacted 
level and the budget request.
    The National Science Board is the governing body of the 
National Science Foundation. The Board is composed of 24 
members, appointed by the President and confirmed by the 
Senate. The Board is also charged with serving as an 
independent adviser to the President and Congress on policy 
matters related to science and engineering research and 
education.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2012....................................     $14,200,000
Budget estimate, 2013...................................      14,200,000
Committee recommendation................................      14,200,000

    The Committee recommendation provides $14,200,000. The 
recommendation is the same as the fiscal year 2012 enacted 
level and the budget request.
    The Office of Inspector General appropriation provides 
audit and investigation functions to identify and correct 
deficiencies that could create potential instances of fraud, 
waste, or mismanagement.

                        ADMINISTRATIVE PROVISION

    The bill includes one administrative provision to allow 
limited transfers of funds among accounts.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2012....................................      $9,193,000
Budget estimate, 2013...................................       9,400,000
Committee recommendation................................       9,400,000

    The Committee's recommendation provides $9,400,000 for the 
salaries and expenses of the Commission on Civil Rights. The 
recommendation is $207,000 above the fiscal year 2012 enacted 
level and equal to the budget request.
    Improving Oversight.--Chronic financial and managerial 
problems at the Commission have been allowed to continue for 
too long without sufficient attention. In order to rectify this 
situation, in fiscal year 2012 the Congress established an 
inspector general [IG] for the Commission and provided that the 
post be filled by the individual holding the position of IG at 
the Government Accountability Office [GAO]. The IG is tasked 
with the duties and responsibilities specified in the Inspector 
General Act of 1978, to include the conduct of audits and 
reviews of Commission programs, finances and personnel. Funding 
for the operation of the Commission's IG, in the amount of 
$250,000, is provided by transfer directly to the GAO IG as 
requested in the budget.

                Equal Employment Opportunity Commission


                         SALARIES AND EXPENSES

Appropriations, 2012....................................    $360,000,000
Budget estimate, 2013...................................     373,711,000
Committee recommendation................................     373,711,000

    The Equal Employment Opportunity Commission [EEOC] is the 
leading Federal agency dedicated to eradicating employment 
discrimination in both the public and private sectors on the 
basis of race, color, national origin, sex, religion, 
pregnancy, age, disability and family medical history or 
genetic information. The EEOC serves both U.S. public and 
private workplaces by helping provide a fair and inclusive 
workplace, which engenders employee satisfaction and 
commitment, and enhances employee retention, productivity and 
profitability.
    The Committee's recommendation provides $373,711,000 for 
EEOC salaries and expenses. This is $13,711,000 above the 
fiscal year 2012 enacted level, and equal to the request. This 
funding will support the progress made by EEOC to slow 
dramatically the growth of backlogged, unresolved 
discrimination charges by 10 percent at the end of 2011 with 
78,136 charges pending. This is the first significant decline 
in the inventory level in 10 years, which EEOC achieved by 
hiring investigators, attorneys and other front-line staff; 
updating technology; and increasing private sector employer/
employee training opportunities. This feat was accomplished 
even as the number of discrimination charges filed with EEOC 
reached historic levels, peaking at 99,947 charges filed in 
2011.
    The EEOC anticipates roughly 98,000 discrimination charges 
will be filed by the end of fiscal year 2013, with the goal of 
having an estimated 74,425 end-of-year pending cases. The 
Committee expects the EEOC to meet this goal given the increase 
in resources provided in the recommendation.
    Backlog Reduction.--In order to advance EEOC's backlog 
reduction goals, the Committee encourages the Commission to 
prioritize, within funds provided, the hiring or backfilling of 
positions of frontline mission critical staff that have the 
biggest impact on case resolutions and to reduce 9-month case 
processing delays. To assist in the monitoring of EEOC's hiring 
progress, EEOC is directed to continue submitting quarterly 
staffing reports, consistent with the direction provided in the 
statement accompanying Public Law 111-117.
    Full Service Intake.--The conference report to accompany 
the Consolidated and Further Continuing Appropriations Act, 
2012, incorporated by reference the Senate-passed bill's 
language directing EEOC to submit to the Committee a report 
detailing the Commission's views on a National Full Service 
Intake Model, which would create dedicated charge intake units 
in each field office to handle the intake process from pre-
charge counseling through charge filing. However, neither the 
EEOC's Draft Strategic Plan nor the EEOC's fiscal year 2013 
congressional budget justification referenced the Full Service 
Intake Plan. Therefore, the Committee reiterates its direction 
to EEOC to submit a report detailing its views on this model to 
the Committee within 60 days of the enactment of this act.
    Federal Sector Hearings.--EEOC is directed to submit a copy 
of the updated Federal Sector hearing plan (adjusted for 
stakeholder input) to the Committee prior to the implementation 
of such plan. The Committee is concerned by the lack of 
subpoena authority and resurrection of the ``Fast Track'' 
proposal in EEOC's Draft Strategic Plan, which may threaten 
full and fair hearings, including discovery, for Federal 
employees before independent Administrative Judges [AJs]. 
Therefore, the EEOC shall submit to the Committee within 60 
days of the enactment of this act an implementation plan for 
the new Federal sector hearing process, including background on 
the need for these changes, the proposed implementation 
schedule, and an analysis of the potential impact, both 
positive and negative, on the ability of Federal employees to 
get a full and fair hearing under the track system.
    Guidance on Criminal Background and Credit Checks.--The 
Committee notes that EEOC's litigation activities have received 
rebuke from Federal Courts in the Fifth and Eighth Circuits, 
including the extraordinary reprimand of awarding $4,400,000 in 
attorney fees against EEOC. The Committee is also concerned 
about EEOC's plans to issue new guidance on the use of criminal 
and credit background checks in the employment context that may 
limit the ability of conscientious employers to hire with 
confidence and create conflict with Federal and State laws. 
Therefore, the Committee urges EEOC to use litigation resources 
more wisely by operating within the bounds of the law, and 
directs that stakeholders be engaged in discussion about the 
intended changes to background check guidance, and that new 
guidance on the use of criminal background checks and credit 
checks be circulated for public input at least 6 months before 
adoption.
    Implementing Efficiencies and Cost Savings.--The Committee 
encourages the EEOC to seriously review proposals that may 
increase efficiencies and generate cost savings, which in turn 
may improve services provided to the public. Such proposals 
include a cost efficient full service intake plan, redeploying 
staff to the frontline, and using voluntary telework.
    State and Local Enforcement Assistance.--The Committee 
recommends $30,000,000 to assist State and local enforcement 
agencies. This will ensure that EEOC provides adequate 
resources to its State partners.

                     International Trade Commission


                         SALARIES AND EXPENSES

Appropriations, 2012....................................     $80,000,000
Budget estimate, 2013...................................      82,800,000
Committee recommendation................................      82,800,000

    The Committee's recommendation provides $82,800,000. The 
recommendation is $2,800,000 above the fiscal year 2012 level 
and is the same as the budget request.
    The ITC is an independent, quasi-judicial agency 
responsible for conducting trade-related investigations, 
providing Congress and the President with independent technical 
advice related to United States international trade policy.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2012....................................    $348,000,000
Budget estimate, 2013...................................     402,000,000
Committee recommendation................................     402,000,000

    The Committee's recommendation provides $402,000,000 for 
payment to the Legal Services Corporation [LSC]. The 
recommendation is $54,000,000 above the fiscal year 2012 
enacted level, and equal to the budget request.
    The Committee's recommendation provides the full request of 
$376,800,000 for basic field programs, to be used for 
competitively awarded grants and contracts; $17,000,000 for 
management and administration; $3,000,000 for client self-help 
and information technology; $4,200,000 for the Office of the 
Inspector General [OIG]; and $1,000,000 for loan repayment 
assistance.
    Headquarters Management.--The Committee is concerned about 
LSC headquarters' efforts to incite stakeholders into actively 
lobbying Congress on budget issues with Federal dollars 
appropriated to headquarters. The Committee feels that the 
funding expended in these efforts may be better used towards 
providing services to those in need of LSC counseling in the 
field. The Committee directs LSC to re-examine its 
headquarters' structure and identify areas of duplication for 
consolidation or elimination in an effort to provide a more 
efficient and cost-saving structure, and sending more funding 
to those in the field in need of LSC services. LSC is to report 
these findings to the Committee within 90 days of enactment of 
this act.
    Governance and Management.--Continuing governance and 
management problems at LSC undermine the credibility of the 
organization and complicate efforts to direct additional funds 
into legal aid where they are desperately needed. Progress has 
been made in completing action on reform recommendations 
identified by GAO and the LSC Inspector General, but some 
recommendations remain outstanding and additional issues have 
been raised. The timely resolution of these issues must be a 
priority of the Corporation so that management and governance 
questions do not continue to overshadow the good work being 
done by LSC and its grantees.
    Pro Bono Legal 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 PROVISION--LEGAL SERVICE CORPORATION

    The Committee's recommendation continues the administrative 
provisions contained in the fiscal year 1998 appropriations act 
(Public Law 105-119) regarding operation of this program to 
provide basic legal services to disadvantaged individuals and 
the restrictions on the use of LSC funds.
    LSC funds cannot be used to engage in litigation and 
related activities with respect to a variety of matters 
including: (1) redistricting; (2) class action suits; (3) 
representation of illegal aliens; (4) political activities; (5) 
abortion; (6) prisoner litigation; (7) welfare reform; (8) 
representation of charged drug dealers during eviction 
proceedings; and (9) solicitation of clients. The exception to 
the restrictions occurs in a case where there is imminent 
threat of physical harm to the client or prospective client.
    The bill makes no changes to the permanent restrictions 
established under the Legal Services Corporation Act (42 U.S.C. 
Sec. 2996 et seq.). The Committee provides language that 
affects only the 1996 appropriations rider in the following 
manner: (1) keeps the restriction on use of funds from all 
private and public sources for abortion-related litigation, 
representation of prisoners, and class action suits; and (2) 
lifts the restriction on use of funds from all private 
sources--but keeps the restriction on use of all public 
sources--for all other activities currently restricted by the 
rider. This provision was included to level the playing field 
between legal aid attorneys and their counterparts in the 
private sector and open potentially crucial sources of 
additional revenue to legal aid providers in a year in which 
State and private funding sources are decreasing.
    Unauthorized Uses of Funds.--The Committee encourages the 
Inspector General of the LSC to conduct annual audits of LSC 
grantees to ensure that funds are not being used in 
contravention of the restrictions on engaging in political 
activities or any of the other restrictions by which LSC 
grantees are required to abide. The Committee also recommends 
the removal of funds from any LSC grantee determined by the 
Inspector General to have engaged in political activity.

                        Marine Mammal Commission


                         SALARIES AND EXPENSES

Appropriations, 2012....................................      $3,025,000
Budget estimate, 2013...................................       3,081,000
Committee recommendation................................       3,081,000

    The Committee recommendation provides $3,081,000. The 
recommendation is $56,000 above the fiscal year 2012 enacted 
level and is the same as the budget request.
    The Marine Mammal Commission and its Committee of 
Scientific Advisors on Marine Mammals provide oversight and 
recommend actions on domestic and international topics to 
advance policies and provisions of the Marine Mammal Protection 
Act. The Commission provides precise, up-to-date scientific 
information to Congress on issues related to the safety of 
marine mammals.

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES

Appropriations, 2012....................................     $51,251,000
Budget estimate, 2013...................................      53,041,000
Committee recommendation................................      53,041,000

    The Committee's recommendation provides $53,041,000 for the 
Office of the United States Trade Representative [USTR]. The 
recommendation is $1,790,000 above the fiscal year 2012 level 
and is the same as the budget request.
    USTR is responsible for developing and leading 
international negotiations for the United States on policies 
regarding international trade, direct investment, and 
commodities. Its areas of responsibility include all matters 
relating to the World Trade Organization; trade, commodity, and 
direct investment matters dealt with by certain international 
institutions; industrial, agricultural and services trade 
policy; and trade-related protection of intellectual property 
and the environment. The Committee's recommendation supports 
the administration's request for the Interagency Trade 
Enforcement Center.

                        State Justice Institute


                         SALARIES AND EXPENSES

Appropriations, 2012....................................      $5,121,000
Budget estimate, 2013...................................       5,121,000
Committee recommendation................................       5,121,000

    The Committee's recommendation provides $5,121,000 for the 
State Justice Institute. The recommendation is equal to both 
the fiscal year 2012 enacted level and the budget request.
    The Institute was created in 1984 to further the 
development and adoption of improved judicial administration in 
State courts.

                                TITLE V

                           GENERAL PROVISIONS

                        (INCLUDING RESCISSIONS)

    The Committee recommends the following general provisions 
for the departments, agencies and commissions funded in the 
accompanying bill. Each of these provisions was included in the 
fiscal year 2012 act.
    Section 501 prohibits the use of appropriations for certain 
publicity and propaganda purposes.
    Section 502 prohibits any appropriations contained in this 
act from remaining available for obligation beyond the current 
fiscal year unless expressly provided.
    Section 503 limits funds for certain consulting purposes.
    Section 504 provides that should any provision of the act 
be held to be invalid, the remainder of the act would not be 
affected.
    Section 505 stipulates the policy and procedures by which 
funding available to the agencies funded under this act may be 
reprogrammed for other purposes.
    Section 506 provides for a penalty for persons found to 
have falsely mislabeled products.
    Section 507 requires agencies to provide quarterly reports 
to the Appropriations Committees regarding unobligated 
balances.
    Section 508 requires agencies and departments funded in 
this act to absorb any necessary costs related to downsizing or 
consolidation within the amounts provided to the agency or 
department.
    Section 509 limits funds for the sale or export of tobacco 
or tobacco products.
    Section 510 stipulates obligation of receipts available 
under the Crime Victims Fund.
    Section 511 prohibits the use of Department of Justice 
funds for programs that discriminate against, denigrate, or 
otherwise undermine the religious beliefs of students 
participating in such programs.
    Section 512 limits transfers of funds between agencies.
    Section 513 provides that funding for E-government 
initiatives are subject to reprogramming guidelines established 
by this act.
    Section 514 specifies requirements for certain firearms 
tracing studies.
    Section 515 requires the Inspectors General of the 
Departments of Commerce and Justice, the National Aeronautics 
and Space Administration, the National Science Foundation, and 
the Legal Services Corporation to conduct reviews of activities 
funded in this act; prohibits the use of funds for certain 
banquets and conferences; and requires certifications regarding 
conflicts of interest.
    Section 516 prohibits funds for information technology 
acquisitions unless the acquiring department or agency has 
assessed the risk of cyber-espionage or sabotage.
    Section 517 prohibits the use of funds to support or 
justify the use of torture.
    Section 518 limits funds pertaining to certain activities 
related to the export of firearms.
    Section 519 limits funds to process permits to import 
certain products.
    Section 520 prohibits funds for activities that seek to 
include certain language in new trade agreements.
    Section 521 prohibits funds to authorize a national 
security letter in contravention of the statutes authorizing 
the FBI to issue national security letters.
    Section 522 requires notification to the Committees in the 
event of cost overruns.
    Section 523 authorizes funds appropriated for intelligence 
activities for the Department of Justice during fiscal year 
2013 until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2013.
    Section 524 directs the departments, agencies, and 
commissions funded under this act to establish and maintain on 
the homepages of their Internet Web sites a link to their 
Offices of Inspectors General and a method 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 has 
certified in writing that she has filed all Federal tax 
returns, has not been convicted of a criminal offense under the 
IRS Code of 1986, and has no unpaid Federal tax assessment.
    Section 526 specifies rescissions of prior appropriations.
    Section 527 prohibits the use of funds in a manner that is 
inconsistent with the principal negotiating objective of the 
United States with respect to trade remedy laws.
    Section 528 prohibits the use of funds to purchase first 
class or premium airline travel in contravention of current 
regulations.
    Section 529 prohibits the use of funds to pay for the 
attendance of more than 50 employees at any single conference 
outside the United States.
    Section 530 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 531 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 Naval 
Station, Guantanamo Bay, Cuba for the purposes of detention or 
imprisonment in the custody or control of the Department of 
Defense.
    Section 532 prohibits funds to the Association of Community 
Organizations for Reform Now [ACORN] and its subsidiaries.
    Section 533 requires, when practicable, the use of ``Energy 
Star'' or ``Federal Energy Management Program'' designated 
light bulbs.
    Section 534 requires agencies funded in this act to report 
on undisbursed balances.
    Section 535 prohibits the use of funds to relocate the 
Bureau of Census or employees to the Executive Office of the 
President.
    Section 536 requires the Departments of Commerce and 
Justice, the National Aeronautics and Space Administration and 
the National Science Foundation to submit spending plans to the 
House and Senate Appropriations Committees within 45 days of 
enactment of this act.
    Section 537 requires agencies to report conference spending 
to the Inspectors General.
    Section 538 prohibits funds made available by this act from 
being used to deny the importation of certain shotgun models.
    Section 539 prohibits the use of funds to establish or 
maintain a computer network that does not block pornography, 
except for law enforcement purposes.
    Section 540 prohibits funds made available by this act from 
being used for contract, memorandum of understanding, 
cooperative agreement, grant, or loan activities if the 
proposed recipient has been convicted of a felony criminal 
violation.
    Section 541 prohibits funds made available by this act from 
being used for contract, memorandum of understanding, 
cooperative agreement, grant, or loan activities if the 
proposed recipient has unpaid Federal tax liabilities.
    Section 542 specifies reporting requirements regarding 
vehicle fleets for all agencies and departments funded by this 
act.

  COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE 
                                 SENATE

    Rule XVI, paragraph 7 requires that every report on a 
general appropriation bill filed by the Committee must identify 
items of appropriation not made to carry out the provisions of 
an existing law, a treaty stipulation, or an act or resolution 
previously passed by the Senate during that session.
    The Committee is filing an original bill, which is not 
covered under this rule, but reports this information in the 
spirit of full disclosure. 
    The Committee recommends funding for the following programs 
or activities that currently lack an authorization for fiscal 
year 2013, either in whole or in part, and therefore fall under 
this rule:

         APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2013
------------------------------------------------------------------------
                                                           Last year of
                     Agency/program                        authorization
------------------------------------------------------------------------
Department of Commerce:
    International Trade Administration:
        Export Promotion................................            2012
    Economic Development Administration:
        Salaries and Expenses...........................            2008
        Economic Development Assistance Programs:
            Public Works and Economic Development.......            2008
    National Telecommunications and Information
     Administration:
        Salaries and Expenses...........................            1993
    National Oceanic and Atmospheric Administration:\1\
        Operations, Research and Facilities:
            National Ocean Service:
                Coral Reef Conservation.................            2004
                Hydrographic Services...................            2012
                Coastal Zone Management.................            1999
                Marine Protection, Research,                        2005
                 Preservation & Sanctuaries.............
                Estuary Restoration.....................            2012
            National Marine Fisheries Services:
                Endangered Species Act Amendment........            1992
                Interjurisdictional Fisheries...........            2012
                Marine Mammal Protection................            1999
                NOAA Marine Fisheries Program...........            2000
            Oceanic and Atmospheric Research:
                Federal Ocean Acidification Research and            2012
                 Monitoring.............................
                National Integrated Drought Information             2012
                 System.................................
            National Weather Service:
                Tsunami Warning and Education...........            2012
        Pacific Coastal Salmon Recovery.................            2012
Department of Justice:
    General Administration:
        Salaries and Expenses...........................            2009
        Justice Information Sharing Technology..........            2009
    Administrative Review & Appeals:
        Salaries and Expenses...........................            2009
    Office of Inspector General:
        Salaries and Expenses...........................            2009
    U.S. Parole Commission:
        Salaries and Expenses...........................            2009
    Legal Activities:
        General Legal Activities:
            Salaries and Expenses.......................            2009
        Antitrust Division:
            Salaries and Expenses.......................            2009
        U.S. Attorneys:
            Salaries and Expenses.......................            2009
        Foreign Claims Settlement Commission:
            Salaries and Expenses.......................            2009
        Fees and Expenses of Witnesses..................            2009
        Community Relations Service:
            Salaries and Expenses.......................            2009
        Assets Forfeiture Fund Current Budget Authority.            2009
    U.S. Marshals Service...............................            2009
        Salaries and Expenses...........................             N/A
        Federal Prison Detention........................             N/A
        Construction....................................             N/A
    National Security Division:
        Salaries and Expenses...........................             N/A
    Interagency Law Enforcement:
        Interagency Crime and Drug Enforcement..........            2009
    Federal Bureau of Investigation.....................            2009
        Salaries and Expenses...........................             N/A
        Construction....................................             N/A
    Drug Enforcement Administration:
        Salaries and Expenses...........................            2009
    Bureau of Alcohol, Tobacco, Firearms and Explosives:
        Salaries and Expenses...........................            2009
    Federal Prison System...............................            2009
        Salaries and Expenses...........................             N/A
        Buildings and Facilities........................             N/A
    Office on Violence Against Women:
        STOP Grants.....................................            2011
        Transitional Housing Assistance.................            2011
        Research & Evaluation on Violence Against Women.             N/A
        Grants to Encourage Arrest Policies.............            2011
            Homicide Prevention Initiative..............             N/A
        Sexual Assault Victims Services.................            2011
        Rural Domestic Violence & Child Abuse                       2011
         Enforcement....................................
        Violence on College Campuses....................            2011
        Civil Legal Assistance..........................            2011
        Elder Abuse Grant Program.......................            2011
        Family Civil Justice Program....................             N/A
        Education & Training for Disabled Female Victims            2011
        Research on Violence Against Indian Women.......            2008
        Consolidated Youth-oriented Program.............             N/A
        National Resource Center on Workplace Responses.            2011
        Indian Country--Sexual Assault Clearinghouse....             N/A
    Office of Justice Programs:
        Research, evaluation, and statistics:
            Bureau of Justice Statistics................            1995
            National Institute of Justice...............            1995
            Evaluation Clearinghouse....................             N/A
            Regional information sharing................            2003
            Justice For All Act/DNA and Forensics             1995; 2009
             (including NIST/OLES)......................
        State and local law enforcement assistance:
            Byrne Memorial Justice Assistance Grants....            2012
                SLATT Intelligence State and Local                   N/A
                 Training...............................
                State and Local Assistance Help Desk/                N/A
                 Diagnostic Center......................
                VALOR Initiative........................             N/A
                Criminal Justice Reform and Recidivism               N/A
                 Efforts................................
            State Criminal Alien Assistance Program.....            2011
            Border Prosecution Initiatives..............             N/A
            Byrne Competitive Grants....................             N/A
            Victims of Trafficking Grants (22 U.S.C.                2011
             7110)......................................
            Victims of Trafficking Grants (42 U.S.C.                2011
             14044c(d)).................................
            Drug Courts.................................            2008
            Mental Health Courts........................            2014
            Residential Substance Abuse Treatment.......            2000
            Capital Litigation/Wrongful Prosecution                 2009
             Review.....................................
            Economic, High-tech and Cybercrime                       N/A
             Prevention.................................
            John R. Justice Grants......................             N/A
            Adam Walsh Act..............................            2009
            Byrne Criminal Justice Innovation Program...             N/A
            Children Exposed to Violence................             N/A
            Bulletproof Vests Partnerships..............            2012
            Violent Gang and Gun Crime Reduction........             N/A
            CASA--Special Advocates.....................            2011
            NICS........................................            2013
            Criminal Records Upgrade....................            2007
            Paul Coverdell Forensic Science.............            2011
            DNA Analysis/Other Forensics................            2014
            Child Sexual Predator program (for grants               2009
             under SOMA [42 U.S.C. 16926(d)])...........
            Second Chance Act/Prisoner Reentry..........            2010
                Smart Probation.........................             N/A
            Indian Programs:
                Tribal Courts...........................            2004
                Alcohol and Substance Abuse.............             N/A
                Indian Prison Grants....................            2000
                Training/TA Civil and Criminal Legal                 N/A
                 Assistance.............................
            DNA/Other Forensics:
                Kirk Bloodsworth post-conviction DNA                2009
                 testing................................
                Sexual Assault Nurse Examiners Program..            2009
                DNA Analysis and Capacity Enhancement/         N/A; 2014
                 Debbie Smith Act.......................
            National Sex Offender Public Web site.......             N/A
        Juvenile Justice Programs:
            Juvenile Justice State Formula Grants.......            2007
                Emergency Planning--Juvenile Detention               N/A
                 Facilities.............................
            Juvenile Accountability Block Grants........            2009
            Enforcing Underage Drinking Laws............            2007
            Juvenile Justice Youth Mentoring Grants.....             N/A
            Community-Based Violence Prevention                      N/A
             Initiative.................................
            Investigation and Prosecution of Child Abuse            2005
            Missing and Exploited Children programs.....      2004; 2013
            National Forum on Youth Violence Prevention.             N/A
            Title V JJDPA Incentive Grants..............            2008
        COPS Programs:
            Methamphetamine Lab Cleanups................             N/A
                Transfer to DEA.........................             N/A
            Community Policing..........................            2009
Related Agencies:
    Commission on Civil Rights:
        Salaries and Expenses...........................            1995
    International Trade Commission:
        Salaries and Expenses...........................            2004
    Payment to the Legal Services Corporation:
        Salaries and Expenses...........................            1980
    Marine Mammal Commission:
        Salaries and Expenses...........................            1999
    Office of the U.S. Trade Representative:
        Salaries and Expenses...........................            2004
    State Justice Institute:
        Salaries and Expenses...........................            2008
------------------------------------------------------------------------
\1\NOAA authorizations are spread across over 60 separate statutory
  authorities. In many cases, the authorizations do not match exactly to
  specific programs.


COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Pursuant to paragraph 7(c) of rule XXVI, on April 19, 2012, 
the Committee ordered favorably reported en bloc an original 
bill (S. 2323) making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2013, and for other purposes, 
and reported an original bill (S. 2322) making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending 
September 30, 2013, and for other purposes, provided, that each 
bill be subject to further amendment and that each bill be 
consistent with its spending allocations, by a recorded vote of 
28-1, a quorum being present. The vote was as follows:
        Yeas                          Nays
Chairman Inouye                     Mr. Johnson (WI)
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mrs. Feinstein
Mr. Durbin
Mr. Johnson (SD)
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Pryor
Mr. Tester
Mr. Brown
Mr. Cochran
Mr. McConnell
Mr. Shelby
Mrs. Hutchison
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Coats
Mr. Blunt
Mr. Moran
Mr. Hoeven

 COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Paragraph 12 of the rule XXVI requires that Committee 
reports on a bill or joint resolution repealing or amending any 
statute or part of any statute include ``(a) the text of the 
statute or part thereof which is proposed to be repealed; and 
(b) a comparative print of that part of the bill or joint 
resolution making the amendment and of the statute or part 
thereof proposed to be amended, showing by stricken-through 
type and italics, parallel columns, or other appropriate 
typographical devices the omissions and insertions which would 
be made by the bill or joint resolution if enacted in the form 
recommended by the Committee.''
    In compliance with this rule, the following changes in 
existing law proposed to be made by this bill are shown as 
follows: existing law to be omitted is enclosed in black 
brackets; new matter is printed in italic; and existing law in 
which no change is proposed is shown in roman.

 CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2012, PUBLIC 
                               LAW 112-55


     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012


                                TITLE I


                         DEPARTMENT OF COMMERCE


               General Provisions--Department of Commerce


                              (RESCISSION)

    Sec. 113. (a) * * *
    (b) * * *

           *       *       *       *       *       *       *

    (c) Subsection (a) shall remain in effect until the earlier 
of December 31, [2012] 2013, or such time as--
                                ------                                


OMNIBUS CONSOLIDATED RESCISSIONS AND APPROPRIATIONS ACT OF 1996, PUBLIC 
                              LAW 104-134


DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                       AGENCIES APPROPRIATION ACT


                       TITLE V--RELATED AGENCIES


                       Legal Services Corporation


         ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION

    Sec. 504. (a) None of the funds appropriated in this Act to 
the Legal Services Corporation may be used to provide financial 
assistance to any person or entity (which may be referred to in 
this section as a ``recipient'') that uses Federal funds (or 
funds from any source with regard to paragraphs (7), (14) and 
(15)) in a manner--
            (1) that makes available any funds, personnel, or 
        equipment for use in advocating or opposing any plan or 
        proposal, or represents any party or participates in 
        any other way in litigation, that is intended to or has 
        the effect of altering, revising, or reapportioning a 
        legislative, judicial, or elective district at any 
        level of government, including influencing the timing 
        or manner of the taking of a census;

           *       *       *       *       *       *       *

    [(d)(1) The Legal Services Corporation shall not accept any 
non-Federal funds, and no recipient shall accept funds from any 
source other than the Corporation, unless the Corporation or 
the recipient, as the case may be, notifies in writing the 
source of the funds that the funds may not be expended for any 
purpose prohibited by the Legal Services Corporation Act or 
this title.
    [(2) Paragraph (1) shall not prevent a recipient from--
            [(A) receiving Indian tribal funds (including funds 
        from private nonprofit organizations for the benefit of 
        Indians or Indian tribes) and expending the tribal 
        funds in accordance with the specific purposes for 
        which the tribal funds are provided; or
            [(B) using funds received from a source other than 
        the Legal Services Corporation to provide legal 
        assistance to a covered individual if such funds are 
        used for the specific purposes for which such funds 
        were received, except that such funds may not be 
        expended by recipients for any purpose prohibited by 
        this Act or by the Legal Services Corporation Act.]

           *       *       *       *       *       *       *

    [(e)] (d) Nothing in this section shall be construed to 
prohibit a recipient from using funds derived from a source 
other than the Legal Services Corporation to comment on public 
rulemaking or to respond to a written request for information 
or testimony from a Federal, State or local agency, legislative 
body or committee, or a member of such an agency, body, or 
committee, so long as the response is made only to the parties 
that make the request and the recipient does not arrange for 
the request to be made.
    [(f)] (e) As used in this section:
            (1) The term ``controlled substance'' has the 
        meaning given the term in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            (2) The term ``covered individual'' means any 
        person who--
                    (A) except as provided in subparagraph (B), 
                meets the requirements of this Act and the 
                Legal Services Corporation Act relating to 
                eligibility for legal assistance; and
                    (B) may or may not be financially unable to 
                afford legal assistance.
            (3) The term ``public housing project'' has the 
        meaning as used within, and the term ``public housing 
        agency'' has the meaning given the term, in section 3 
        of the United States Housing Act of 1937 (42 U.S.C. 
        1437a).
                        BUDGETARY IMPACT OF BILL


  PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
                                                     AMENDED
                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Budget authority               Outlays
                                                             ---------------------------------------------------
                                                               Committee    Amount  in   Committee    Amount  in
                                                               allocation      bill      allocation      bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
 to its subcommittees of amounts in the Budget Resolution
 for 2013: Subcommittee on Commerce, Justice, Science, and
 Related Agencies:
    Mandatory...............................................          328          328          358       \1\358
    Discretionary...........................................       51,862       51,862       63,445    \1\63,395
        Security............................................        4,850        4,850           NA           NA
        Nonsecurity.........................................       47,012       47,012           NA           NA
Projections of outlays associated with the recommendation:
    2013....................................................  ...........  ...........  ...........    \2\38,597
    2014....................................................  ...........  ...........  ...........       14,162
    2015....................................................  ...........  ...........  ...........        3,651
    2016....................................................  ...........  ...........  ...........        1,630
    2017 and future years...................................  ...........  ...........  ...........        3,111
Financial assistance to State and local governments for                NA       -5,949           NA         -119
 2013.......................................................

----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.

NA: Not applicable.


  COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2012 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
                                                                        YEAR 2013
                                                                [In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         Senate Committee recommendation
                                                                                                                             compared with (+ or -)
                                Item                                       2012       Budget estimate     Committee    ---------------------------------
                                                                      appropriation                     recommendation        2012
                                                                                                                         appropriation   Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  TITLE I--DEPARTMENT OF COMMERCE

                 International Trade Administration

Operations and administration......................................         465,000          526,439          496,439          +31,439          -30,000
Offsetting fee collections.........................................          -9,439           -9,439           -9,439   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
    Direct appropriation...........................................         455,561          517,000          487,000          +31,439          -30,000

                  Bureau of Industry and Security

Operations and administration......................................          69,721           68,049           68,049           -1,672   ...............
    Defense function...............................................          31,279           34,279           34,279           +3,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Bureau of Industry and Security.......................         101,000          102,328          102,328           +1,328   ...............

                Economic Development Administration

Economic Development Assistance Programs...........................         220,000          182,000          200,000          -20,000          +18,000
    Disaster relief category.......................................         200,000   ...............  ...............        -200,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Subtotal.....................................................         420,000          182,000          200,000         -220,000          +18,000

Salaries and expenses..............................................          37,500           37,719           37,719             +219   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Economic Development Administration...................         457,500          219,719          237,719         -219,781          +18,000

                Minority Business Development Agency

Minority Business Development......................................          30,339           28,689           28,689           -1,650   ...............

                 Economic and Statistical Analysis

Salaries and expenses..............................................          96,000          100,269          100,269           +4,269   ...............

                        Bureau of the Census

Salaries and expenses..............................................         253,336          259,175          259,175           +5,839   ...............
Periodic censuses and programs.....................................         635,000          711,250          694,250          +59,250          -17,000
                                                                    ------------------------------------------------------------------------------------
      Total, Bureau of the Census..................................         888,336          970,425          953,425          +65,089          -17,000

     National Telecommunications and Information Administration

Salaries and expenses..............................................          45,568           46,925           46,925           +1,357   ...............

             United States Patent and Trademark Office

Salaries and expenses, current year fee funding....................       2,678,000        2,933,241        2,933,241         +255,241   ...............
Offsetting fee collections.........................................      -2,678,000       -2,933,241       -2,933,241         -255,241   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, United States Patent and Trademark Office.............  ...............  ...............  ...............  ...............  ...............

           National Institute of Standards and Technology

Scientific and Technical Research and Services.....................         567,000          648,000          623,000          +56,000          -25,000
Industrial Technology Services.....................................         128,443          149,000          143,000          +14,557           -6,000
    Manufacturing extension partnerships...........................        (128,443)        (128,000)        (128,500)            (+57)           (+500)
    Advanced manufacturing technology consortia....................  ...............         (21,000)         (14,500)        (+14,500)         (-6,500)
Construction of research facilities................................          55,381           60,000           60,000           +4,619   ...............
Working Capital Fund (by transfer).................................          (9,000)          (9,000)          (9,000)  ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Total, National Institute of Standards and Technology........         750,824          857,000          826,000          +75,176          -31,000

          National Oceanic and Atmospheric Administration

Operations, Research, and Facilities...............................       3,022,231        3,042,460        3,139,740         +117,509          +97,280
    (By transfer)..................................................        (109,098)        (119,064)        (119,064)         (+9,966)  ...............
                                                                    ------------------------------------------------------------------------------------
      Subtotal.....................................................       3,022,231        3,042,460        3,139,740         +117,509          +97,280

Procurement, Acquisition and Construction..........................       1,817,094        1,965,736          217,619       -1,599,475       -1,748,117
Pacific Coastal Salmon Recovery....................................          65,000           50,000           65,000   ...............         +15,000
Fishermen's Contingency Fund.......................................             350              350              350   ...............  ...............
Fisheries Finance Program Account..................................         -11,000           -4,000           -4,000           +7,000   ...............
Fisheries Enforcement Asset Forfeiture Fund........................           8,000   ...............  ...............          -8,000   ...............
    Offsetting receipts............................................          -8,000   ...............  ...............          +8,000   ...............
Sanctuaries Enforcement Asset Forfeiture Fund......................           1,000   ...............  ...............          -1,000   ...............
    Offsetting receipts............................................          -1,000   ...............  ...............          +1,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, National Oceanic and Atmospheric Administration.......       4,893,675        5,054,546        3,418,709       -1,474,966       -1,635,837

                      Departmental Management

Salaries and expenses..............................................          57,000           56,000           56,000           -1,000   ...............
Renovation and Modernization.......................................           5,000            2,040            2,040           -2,960   ...............
Office of Inspector General........................................          26,946           28,753           28,753           +1,807   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Departmental Management...............................          88,946           86,793           86,793           -2,153   ...............
                                                                    ====================================================================================
      Total, title I, Department of Commerce.......................       7,807,749        7,983,694        6,287,857       -1,519,892       -1,695,837
          Appropriations...........................................      (7,607,749)      (7,983,694)      (6,287,857)     (-1,319,892)     (-1,695,837)
          Disaster relief category.................................        (200,000)  ...............  ...............       (-200,000)  ...............
          (By transfer)............................................         118,098          128,064          128,064           +9,966   ...............
                                                                    ====================================================================================
                  TITLE II--DEPARTMENT OF JUSTICE

                       General Administration

Salaries and expenses..............................................         110,822          127,667          127,667          +16,845   ...............
National Drug Intelligence Center..................................          20,000   ...............  ...............         -20,000   ...............
Justice Information Sharing Technology.............................          44,307           33,426           33,426          -10,881   ...............
Tactical Law Enforcement Wireless Communications...................          87,000   ...............  ...............         -87,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, General Administration................................         262,129          161,093          161,093         -101,036   ...............

Administrative review and appeals..................................         305,000          313,438          313,438           +8,438   ...............
    Transfer from immigration examinations fee account.............          -4,000           -4,000           -4,000   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Direct appropriation.........................................         301,000          309,438          309,438           +8,438   ...............

Detention Trustee..................................................       1,580,595   ...............  ...............      -1,580,595   ...............
Office of Inspector General........................................          84,199           85,985           85,985           +1,786   ...............

                  United States Parole Commission

Salaries and expenses..............................................          12,833           12,772           12,772              -61   ...............

                          Legal Activities

Salaries and expenses, general legal activities....................         863,367          903,603          903,603          +40,236   ...............
Vaccine Injury Compensation Trust Fund.............................           7,833            7,833            7,833   ...............  ...............

Salaries and expenses, Antitrust Division..........................         159,587          164,753          164,753           +5,166   ...............
    Offsetting fee collections--current year.......................        -108,000         -115,000         -115,000           -7,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Direct appropriation.........................................          51,587           49,753           49,753           -1,834   ...............

Salaries and expenses, United States Attorneys.....................       1,960,000        1,974,378        1,974,378          +14,378   ...............
United States Trustee System Fund..................................         223,258          227,407          227,407           +4,149   ...............
    Offsetting fee collections.....................................        -223,258         -227,407         -227,407           -4,149   ...............
                                                                    ------------------------------------------------------------------------------------
      Direct appropriation.........................................  ...............  ...............  ...............  ...............  ...............

Salaries and expenses, Foreign Claims Settlement Commission........           2,000            2,139            2,139             +139   ...............
Fees and expenses of witnesses.....................................         270,000          270,000          270,000   ...............  ...............
Salaries and expenses, Community Relations Service.................          11,456           12,036           12,036             +580   ...............
Assets Forfeiture Fund.............................................          20,948           20,948           20,948   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Legal Activities......................................       3,187,191        3,240,690        3,240,690          +53,499   ...............

                   United States Marshals Service

Salaries and expenses..............................................       1,174,000        1,203,488        1,203,488          +29,488   ...............
Federal Prisoner Detention.........................................  ...............       1,668,235        1,668,235       +1,668,235   ...............
Construction.......................................................          15,000           10,000           10,000           -5,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, United States Marshals Service........................       1,189,000        2,881,723        2,881,723       +1,692,723   ...............

                     National Security Division

Salaries and expenses..............................................          87,000           90,039           90,039           +3,039   ...............

                    Interagency Law Enforcement

Interagency Crime and Drug Enforcement.............................         527,512          524,793          524,793           -2,719   ...............

                  Federal Bureau of Investigation

Salaries and expenses..............................................       3,376,000        3,403,030        3,403,030          +27,030   ...............
    Counterintelligence and national security......................       4,660,991        4,747,991        4,747,991          +87,000   ...............
Construction.......................................................          80,982           80,982           80,982   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Federal Bureau of Investigation.......................       8,117,973        8,232,003        8,232,003         +114,030   ...............

                  Drug Enforcement Administration

Salaries and expenses..............................................       2,347,000        2,403,504        2,403,504          +56,504   ...............
    Diversion control fund.........................................        -322,000         -352,600         -352,600          -30,600   ...............
                                                                    ------------------------------------------------------------------------------------
      Subtotal.....................................................       2,025,000        2,050,904        2,050,904          +25,904   ...............

Construction.......................................................          10,000   ...............  ...............         -10,000   ...............
                                                                    ------------------------------------------------------------------------------------
      Total, Drug Enforcement Administration.......................       2,035,000        2,050,904        2,050,904          +15,904   ...............

        Bureau of Alcohol, Tobacco, Firearms and Explosives

Salaries and expenses..............................................       1,152,000        1,153,345        1,153,345           +1,345   ...............

                       Federal Prison System

Salaries and expenses..............................................       6,551,281        6,820,217        6,820,217         +268,936   ...............
Buildings and facilities...........................................          90,000           99,189           99,189           +9,189   ...............
Limitation on administrative expenses, Federal Prison Industries,             2,700            2,700            2,700   ...............  ...............
 Incorporated......................................................
                                                                    ------------------------------------------------------------------------------------
      Total, Federal Prison System.................................       6,643,981        6,922,106        6,922,106         +278,125   ...............

             State and Local Law Enforcement Activities

Office on Violence Against Women:
    Prevention and prosecution programs............................         412,500          268,000          412,500   ...............        +144,500
        (By transfer)..............................................  ...............        (144,500)  ...............  ...............       (-144,500)

Office of Justice Programs:
    Research, evaluation and statistics............................         113,000          136,000          126,000          +13,000          -10,000
    State and local law enforcement assistance.....................       1,162,500          781,500        1,058,918         -103,582         +277,418
        (By transfer)..............................................  ...............        (220,500)  ...............  ...............       (-220,500)

    Juvenile justice programs......................................         262,500          245,000          278,000          +15,500          +33,000
    Public safety officer benefits:
        Death benefits.............................................          62,000           62,000           62,000   ...............  ...............
        Disability and education benefits..........................          16,300           16,300           16,300   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
          Subtotal.................................................          78,300           78,300           78,300   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
          Total, Office of Justice Programs........................       1,616,300        1,240,800        1,541,218          -75,082         +300,418

Community Oriented Policing Services:
    COPS programs..................................................         198,500          289,587          247,500          +49,000          -42,087
                                                                    ------------------------------------------------------------------------------------
      Total, State and Local Law Enforcement Activities............       2,227,300        1,798,387        2,201,218          -26,082         +402,831
                                                                    ====================================================================================
      Total, title II, Department of Justice.......................      27,407,713       27,463,278       27,866,109         +458,396         +402,831
          Appropriations...........................................     (27,407,713)     (27,463,278)     (27,866,109)       (+458,396)       (+402,831)
          (By transfer)............................................  ...............        (365,000)  ...............  ...............       (-365,000)
                                                                    ====================================================================================
                         TITLE III--SCIENCE

Office of Science and Technology Policy............................           4,500            5,850            5,850           +1,350   ...............

           National Aeronautics and Space Administration

Science............................................................       5,090,000        4,911,200        5,021,100          -68,900         +109,900
Operational Satellite Acquisition..................................  ...............  ...............       1,641,147       +1,641,147       +1,641,147
Aeronautics........................................................         569,900          551,500          551,500          -18,400   ...............
Space Technology...................................................         575,000          699,000          651,000          +76,000          -48,000
Exploration........................................................       3,770,800        3,932,800        3,908,900         +138,100          -23,900
Space Operations...................................................       4,233,600        4,013,200        3,961,700         -271,900          -51,500
Education..........................................................         138,400          100,000          125,000          -13,400          +25,000
Cross-agency Support...............................................       2,995,000        2,847,500        2,822,500         -172,500          -25,000
Construction and environmental compliance and restoration..........         390,000          619,200          679,000         +289,000          +59,800
Office of Inspector General........................................          37,300           37,000           37,800             +500             +800
                                                                    ------------------------------------------------------------------------------------
      Total, National Aeronautics and Space Administration.........      17,800,000       17,711,400       19,399,647       +1,599,647       +1,688,247

                    National Science Foundation

Research and related activities....................................       5,651,000        5,915,280        5,815,280         +164,280         -100,000
    Defense function...............................................          68,000           68,000           68,000   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Subtotal.....................................................       5,719,000        5,983,280        5,883,280         +164,280         -100,000

Major Research Equipment and Facilities Construction...............         167,055          196,170          196,170          +29,115   ...............
Education and Human Resources......................................         829,000          875,610          875,610          +46,610   ...............
Agency Operations and Award Management.............................         299,400          299,400          299,400   ...............  ...............
Office of the National Science Board...............................           4,440            4,440            4,440   ...............  ...............
Office of Inspector General........................................          14,200           14,200           14,200   ...............  ...............
                                                                    ------------------------------------------------------------------------------------
      Total, National Science Foundation...........................       7,033,095        7,373,100        7,273,100         +240,005         -100,000
                                                                    ====================================================================================
      Total, title III, Science....................................      24,837,595       25,090,350       26,678,597       +1,841,002       +1,588,247
                                                                    ====================================================================================
                     TITLE IV--RELATED AGENCIES

                     Commission on Civil Rights

Salaries and expenses..............................................           9,193            9,400            9,400             +207   ...............

              Equal Employment Opportunity Commission

Salaries and expenses..............................................         360,000          373,711          373,711          +13,711   ...............

                   International Trade Commission

Salaries and expenses..............................................          80,000           82,800           82,800           +2,800   ...............

             Payment to the Legal Services Corporation

Salaries and expenses..............................................         348,000          402,000          402,000          +54,000   ...............

                      Marine Mammal Commission

Salaries and expenses..............................................           3,025            3,081            3,081              +56   ...............

              Office of the U.S. Trade Representative

Salaries and expenses..............................................          51,251           53,041           53,041           +1,790   ...............

                      State Justice Institute

Salaries and expenses..............................................           5,121            5,121            5,121   ...............  ...............
                                                                    ====================================================================================
      Total, title IV, Related Agencies............................         856,590          929,154          929,154          +72,564   ...............
                                                                    ====================================================================================
                        TITLE V--RESCISSIONS

Emergency steel, oil gas guarantees prgm (rescission)..............            -700   ...............  ...............            +700   ...............
NTIA, Information Infrastructure grants (rescission)...............          -2,000   ...............  ...............          +2,000   ...............
NTIA, Public Telecommunications Facilities, Planning and                     -2,750   ...............  ...............          +2,750   ...............
 Construction (rescission).........................................
Foreign Fishing Observer Fund (rescission).........................            -350   ...............  ...............            +350   ...............
Digital TV Transition Public Safety Fund (rescission)..............          -4,300   ...............  ...............          +4,300   ...............
DOJ, Working Capital Fund (rescission).............................         -40,000          -26,000          -26,000          +14,000   ...............
Violent Crime Reduction Program (rescission).......................  ...............          -1,028           -1,028           -1,028   ...............
DOJ, Assets Forfeiture Fund (rescission)...........................        -675,000         -675,000         -675,000   ...............  ...............
FBI, Salaries and expenses (rescission)............................  ...............        -162,226         -162,226         -162,226   ...............
U.S. Marshals Service, salaries and expenses (rescission)..........          -2,200          -14,400          -14,400          -12,200   ...............
ATF (rescission)...................................................  ...............         -12,400          -12,400          -12,400   ...............
DEA, Salaries and expenses (rescission)............................         -10,000          -15,600          -15,600           -5,600   ...............
FPS, Buildings and facilities (rescission).........................         -45,000          -75,000          -75,000          -30,000   ...............
Office of Justice programs (rescission)............................         -55,000          -43,000          -43,000          +12,000   ...............
Community oriented policing services (rescission)..................         -23,605          -12,200          -12,200          +11,405   ...............
Violence against women prevention and prosecution programs                  -15,000           -6,000           -6,000           +9,000   ...............
 (rescission)......................................................
NASA (rescission)..................................................         -30,000   ...............  ...............         +30,000   ...............
                                                                    ====================================================================================
      Total, title V, Rescissions..................................        -905,905       -1,042,854       -1,042,854         -136,949   ...............
                                                                    ====================================================================================
      Grand total..................................................      60,003,742       60,423,622       60,718,863         +715,121         +295,241
          Appropriations...........................................     (60,709,647)     (61,466,476)     (61,761,717)     (+1,052,070)       (+295,241)
          Rescissions..............................................       (-905,905)     (-1,042,854)     (-1,042,854)       (-136,949)  ...............
          Disaster relief category.................................        (200,000)  ...............  ...............       (-200,000)  ...............
          (By transfer)............................................         118,098          493,064          128,064           +9,966         -365,000
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