[Senate Report 112-78]
[From the U.S. Government Publishing Office]
Calendar No. 170
112th Congress Report
SENATE
1st Session 112-78
======================================================================
DEPARTMENTS OF COMMERCE AND JUSTICE, AND SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2012
_______
September 15, 2011.--Ordered to be printed
_______
Ms. Mikulski, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 1572]
The Committee on Appropriations reports the bill (S. 1572)
making appropriations for the Departments of Commerce and
Justice, science, and related agencies for the fiscal year
ending September 30, 2012, and for other purposes, reports
favorably thereon and recommends that the bill do pass.
Total obligational authority, fiscal year 2012
Total of bill as reported to the Senate................. $59,481,018,000
Amount of 2011 appropriations........................... 58,786,478,000
Amount of 2012 budget estimate.......................... 64,176,569,000
Bill as recommended to Senate compared to--
2011 appropriations................................. +694,540,000
2012 budget estimate................................ -4,695,551,000
CONTENTS
----------
Page
Purpose of the Bill.............................................. 3
Summary of the Bill.............................................. 3
Fighting Waste, Fraud, and Abuse................................. 6
Reprogrammings, Reorganizations, and Relocations................. 7
Congressional Budget Justifications.............................. 8
Reductions-in-Force.............................................. 9
Appropriations Liaisons.......................................... 9
Title I: Department of Commerce.................................. 10
Title II: Department of Justice.................................. 37
Title III: Science............................................... 84
Office of Science and Technology Policy...................... 84
National Aeronautics and Space Administration................ 85
National Science Foundation.................................. 101
Title IV: Related Agencies....................................... 109
Commission on Civil Rights................................... 109
Equal Employment Opportunity Commission...................... 109
International Trade Commission............................... 111
Legal Services Corporation................................... 111
Marine Mammal Commission..................................... 112
Office of the United States Trade Representative............. 113
State Justice Institute...................................... 113
Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent.............................. 114
Title V: General Provisions...................................... 115
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 118
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of
the Senate..................................................... 121
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 121
Budgetary Impact of Bill......................................... 125
Comparative Statement of Budget Authority........................ 126
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], the State
Justice Institute [SJI], and the Commission on Wartime
Relocation and Internment of Latin Americans of Japanese
Descent.
Summary of the Bill
For fiscal year 2012, the Committee recommends total
discretionary appropriations of $52,701,000,000, along with an
additional $135,000,000 in funding for natural disasters, for
the Departments of Commerce and Justice, Science, and Related
Agencies. This amount is $626,000,000 below the fiscal year
2011 level and $4,969,684,000 below the President's fiscal year
2012 budget request. These reductions, made pursuant to the
Budget Control Act of 2011, required the Committee to reduce
nearly every account in the bill below fiscal year 2011 levels.
Within the amounts provided, the Committee has chosen to
prioritize activities that save lives, protect the safety of
our citizens, and create jobs.
The Committee faced two very pressing funding challenges
that are critical to life and safety--funding for the Nation's
next generation weather satellites for timely and accurate
forecasts of severe weather, and adequate funding to safely
guard the Nation's growing prison population. 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.
The Committee's recommendation for the Joint Polar
Satellite System [JPSS], which will provide timely data for
more accurate severe weather forecasts, is nearly $437,000,000
more than fiscal year 2011 to enable the earliest possible
launch in order to minimize any gap in weather data. Salaries
and associated expenses for guarding and transporting the
Federal prison population are funded at more than $350,000,000
more than fiscal year 2011 to ensure that our Federal prisons
are adequately staffed and to enable the activation of new
prisons that have been built but are currently sitting empty
due to lack of funds.
Funding these pressing challenges within current budgetary
constraints required reductions for activities that the
Committee has historically chosen to fund.
Specifically, the bill eliminates 30 programs funded in
prior years. Personnel and operations funding for the
departments, agencies, and commissions funded in this bill are
reduced by approximately 2 percent below fiscal year 2011
levels, with the expectation that agencies must become more
frugal, and can and should achieve efficiencies in all
operations. Funding for grant programs and scientific research
is reduced even further.
These are regrettable reductions that will result in real
consequences. For example, in the area of funding for State and
local law enforcement, the Committee's recommendation provides
roughly $2,300,000,000, which is more than $470,000,000 below
fiscal year 2011, a nearly 17 percent reduction. A funding
level of $200,000,000 for the COPS hiring program, which is
$47,000,000 below the fiscal year 2011 level, will result in
approximately 350 fewer new police officers hired to protect
State and local jurisdictions. The critical Byrne Justice
Assistance Grant program is funded at $395,000,000, a reduction
of $35,000,000 below the fiscal year 2011 level. This level
will result in cuts to all State and local components of the
criminal justice system, from multijurisdictional drug and gang
task forces to crime prevention and domestic violence programs,
courts and prosecution, community corrections, drug prevention
and treatment, sex offender management, justice information
sharing, and crime victim and witness support initiatives.
Furthermore, reductions to Federal law enforcement agencies and
Department of Justice core activities will likely result in a
continuation of the Department's imposed hiring freeze and will
challenge agencies to manage their budgets more wisely in order
to fulfill their missions.
In the area of scientific discovery and development of new
technologies, the Committee's recommendation constitutes an
approximately 3 percent reduction to research at NIST and NSF,
and to NASA. In past years, the Committee has been able to
recommend an annual 7 percent increase in NIST and NSF funding
as authorized by the bipartisan America COMPETES Act.
Reductions to NSF research will result in 380 fewer grants
supporting 4,400 fewer researchers, students, teachers, and
technical support personnel. Reductions to NASA at this
critical time in the agency's transition from the space shuttle
legacy to new vehicles for human spaceflight will challenge the
agency to make every dollar count.
The Committee's recommendation also reduces funding for
economic and trade agencies below fiscal year 2011 levels,
which will restrict new economic initiatives. For example, the
National Export Initiative, which is a worthy plan for doubling
U.S. exports by 2015, cannot be funded for the second year in a
row because funding for the International Trade Administration
is stalled. Economic development grants that help local
communities innovate and new business sectors thrive have
decreased by 10 percent from 2011. The Committee realizes such
funding levels come at a time when our national economy needs
to turn a corner and many more jobs need to be created. To help
compensate for the overall lack of funding, the Committee has
provided bill language, where applicable, allowing economic
agencies flexibility in spending without jeopardizing oversight
and accountability.
While the Committee regrets the reductions, the recommended
bill reflects the Committee's strong commitment to protecting
life and safety, while continuing healthy levels of investment
for scientific research and discovery and supporting an
innovation friendly government to foster job creation and to
protect the ideas we develop.
The bill fully funds the U.S. Patent and Trademark Office
[PTO], which fosters American innovation and job creation by
providing protections for ideas and products developed by our
entrepreneurs, businesses, and academic institutions.
Specifically, the bill gives the agency authority to spend all
fees collected from inventors, and supports depositing all fees
above the appropriated level into the new Patent and Trademark
Fee Reserve Fund as authorized by the landmark America Invents
Act.
For science and basic research at NSF, NIST, and NASA, the
bill invests more than $12,000,000,000 to support America's
next generation of scientists, engineers, and entrepreneurs. At
NSF, the bill will support more than 225,000 researchers,
students, teachers, and technical support personnel.
Within the science agencies, the Committee has focused on
high impact research and development. For example, the bill
funds cyber security research at NIST and NSF to keep American
Government and private sector networks strong, and to respond
to growing cyber threats. The bill also supports growing new
American businesses by funding the Regional Innovation Program
at the Economic Development Administration. The bill invests in
our Nation's new space launch system to send our astronauts
beyond low Earth orbit, and invests in new industries to safely
deliver them to and from the International Space Station.
The Committee also continues to emphasize assistance to
expand export markets for U.S. businesses overseas. The bill
continues to invest in the Department of Commerce's efforts to
promote U.S. companies overseas which have a direct connection
to creating jobs at home. In 2008, U.S. exports of goods and
services supported 10.3 million jobs and comprised 12.8 percent
of the overall U.S. economy, according to the International
Trade Administration [ITA]. The global economic recession has
cut the percentage of U.S. exports to 11.2 percent. The
Committee's recommendation underscores a commitment to
increasing the U.S.'s share of world markets. Recognizing the
importance of stabilizing export-dependent jobs and opening
markets for new companies, the Committee provided more than a 7
percent increase to ITA since 2008. ITA successfully knocked
down 82 trade barriers in 45 different markets which open up
new fertile ground for U.S. exports to grow and to create more
jobs this year. An equally important role for ITA is to protect
U.S. jobs by fighting counterfeiting and dumping.
So while the overall CJS appropriations bill is below
fiscal year 2011 levels, and many programs are reduced, the
bill continues to have significant impacts on U.S. job
creation--now and into the future.
Fighting Waste, Fraud, and Abuse
The departments, agencies, boards, and commissions funded
in this bill can and should significantly 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 2012. Plans to achieve this savings in
fiscal year 2012 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 by more than 25 percent. 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 recommended 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.
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 2011. 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 2012, 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
2013 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
2012 and 2013. 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 2013 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 2013 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 $7,691,667,000 for the
Department of Commerce [DOC], not including disaster funding.
The recommendation is $110,810,000 above the fiscal year 2011
enacted level and $1,110,971,000 below the budget request.
The Department of Commerce is 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.
As a leader in America's competitiveness, DOC needs
realistic funding, proper management and oversight to keep the
United States scientifically relevant and technologically
innovative in the global marketplace. The Committee's
recommendations in this bill ensure that DOC has the funding to
carry out its mission and mandates.
Accountability remains a top priority for the Committee.
The administration has made positive headway to clamp down on
cost overruns, but the Department continues to face serious
management challenges. Positive reforms continue at the U.S.
Patent and Trademark Office [USPTO], but over 700,000 patents
await approval even though the patent backlog is decreasing.
The average time for an inventor to wait to receive feedback
from USPTO has decreased by 10 percent, but the office still
takes 30 months to make a decision. With patent fee collections
on the rise--$690,000,000 more than in 2011--the Committee
wants to know how USPTO's increased revenue will directly
decrease the patent backlog.
A year has passed since the Department proposed a new plan
for the National Oceanic and Atmospheric Administration's
[NOAA] polar satellite system after divorcing from the U.S. Air
Force. The Senate supported most of this proposed
reorganization for the Joint Polar Satellite System [JPSS], but
the fiscal year 2011 continuing resolution did not include any
additional funds, resulting in launch delays and creating a gap
in weather data.
For fiscal year 2012, the Committee has made great
sacrifices throughout this bill to support increased funding
needed for JPSS. The Committee cannot deny that these
satellites are a national asset critical to predicting weather.
As a result, more than one-third of NOAA's 2012 appropriation
is provided for satellite acquisitions in this bill. The
increased level, coupled with new fiscal constraints affecting
all of the Federal Government, means many new initiatives
proposed in fiscal year 2012 for DOC will not be supported
regardless of high merit. In fact, most components in the
Department will be reduced despite having received ample
support from the Committee in previous fiscal years. To help
offset the effects of austere funding levels, the Committee has
provided DOC's agencies with greater flexibility for using
appropriated funds while maintaining strict oversight and
accountability.
International Trade Administration
OPERATIONS AND ADMINISTRATION
Appropriations, 2011.................................... $450,106,000
Budget estimate, 2012................................... 526,091,000
Committee recommendation................................ 441,104,000
The Committee's recommendation provides $441,104,000 for
the International Trade Administration. The recommendation is
$9,002,000 below the fiscal year 2011 enacted level and
$84,987,000 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............................ 48,854
Market Access and Compliance.......................... 42,623
Import Administration................................. 67,358
Trade Promotion and U.S. Foreign Commercial Services.. 255,347
Executive Direction................................... 26,922
-----------------
Total Direct Obligations........................ 441,104
------------------------------------------------------------------------
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.
National Export Initiative.--The Committee remains
supportive of the National Export Initiative [NEI], but
regrettably the overall funding level for fiscal year 2012 does
not afford increases to ITA. The Committee directs ITA to move
ahead with organizational optimization plans that were
submitted as part of the the 2012 request. These plans are
estimated to reduce costs by $20,200,000, including $8,600,000
of permanent administrative reductions. ITA is directed to use
any net savings to enhance the U.S. Foreign Commercial Service
for the purposes of advancing export promotion and maintaining
a presence in foreign markets.
Trade and Rural Communities.--The Committee directs the
Secretary to develop a plan for outreach under the National
Export Initiative to assist State-supported trade activities
with an emphasis upon States that are largely rural and
suffering from serious poverty issues. The Secretary shall
provide this plan to the Committee no later than 60 days after
enactment of this act.
Rural Manufacturers.--Given the importance of exports and
manufacturing to the long-term economic growth of the United
States, and the administration's goal of doubling exports by
2015, the Committee directs ITA to focus its resources on
promoting manufacturing exports for small and rural businesses.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
Appropriations, 2011.................................... $100,141,000
Budget estimate, 2012................................... 111,187,000
Committee recommendation................................ 98,138,000
The Committee's recommendation provides $98,138,000 for the
Bureau of Industry and Security [BIS]. The recommendation is
$2,003,000 below the fiscal year 2011 enacted level and
$13,049,000 below 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, 2011.................................... $283,432,000
Budget estimate, 2012................................... 324,931,000
Committee recommendation................................ 392,166,000
The Committee's recommendation provides $392,166,000 for
the Economic Development Administration [EDA], which includes
disaster assistance. The recommendation is $108,734,000 above
the fiscal year 2011 enacted level and $67,235,000 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, 2011.................................... $245,508,000
Budget estimate, 2012................................... 284,300,000
Committee recommendation................................ 355,000,000
The Committee's recommendation provides $355,000,000 for
Economic Development Assistance Programs. The recommendation is
$109,492,000 above the fiscal year 2011 level and $70,700,000
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............................................ 91,000
Economic Adjustment Assistance.......................... 48,700
Trade Adjustment Assistance............................. 15,800
Regional Innovation Program............................. 20,000
Partnership Planning.................................... 31,000
Technical Assistance.................................... 12,000
Disaster Assistance..................................... 135,000
Research and Evaluation................................. 1,500
---------------
Total............................................... 355,000
------------------------------------------------------------------------
Regional Innovation Program.--Although the Committee does
not support the administration's request of making EDA a loan-
generating agency, the Committee is supportive of the new
Regional Innovation Program created by the America COMPETES
Reauthorization Act (Public Law 111-358). States and regions
must have a strong economic base that can support the next
generation of manufacturing jobs. The program allows the
Secretary of Commerce to award competitive grants to create
regional innovation clusters. The Committee directs EDA to
consider geographic equity in making the award decisions and to
include rural projects among those chosen for funding.
Disaster Assistance.--The Committee provides $135,000,000
for disaster assistance for disaster relief, long-term
recovery, and restoration of infrastructure in areas that
experienced damage due to major disasters in 2011 as declared
by the President.
EDA shall submit to the Committee a report no later than
180 days after enactment of this act detailing the programs and
investments carried out to assist communities impacted by
natural or man-made disasters since July 1, 2005, including:
the estimated number of jobs created, the number of small
businesses assisted, a list of remaining balances for any
emergency disaster funds and a justification of the intended
use of such unused funds. The Committee also expects the report
to outline additional recommendations, if any, for EDA to be a
more effective tool to spur recovery in these disaster impacted
communities.
University Centers.--The Committee directs funding within
Technical Assistance to be used, in part, to establish new
University Centers in States that currently do not have one,
upon conducting a competitive selection process. Within 60 days
after enactment of this act, EDA shall commission an
independent study of the performance of the University Center
program, including an analysis of the best methods of
evaluating the performance of individual University Centers.
Upon completion of the study, EDA shall conduct evaluations of
all funded University Centers within 5 years of the first award
of assistance and at least once every 5 years thereafter. The
change in the frequency of formal competitions will enable the
University Centers to make long-term commitments necessary for
effective program implementation and reduce disruption in
program services, while still providing a rigorous evaluation
system.
Trade Adjustment Assistance.--The Committee is discouraged
by the administration's request to eliminate funding for Trade
Adjustment Assistance [TAA] programs. The TAA for Firms
program, in particular, offers technical assistance to domestic
small- and medium-sized manufacturers that have been adversely
affected by import competition. Many companies assisted by TAA
for Firms emerge leaner, more competitive, and more profitable
and add jobs to their workforce. No later than 120 days after
enactment of this act, the Secretary shall submit a report to
the Committee detailing a viable and appropriate long-term
strategic plan for existing TAA programs within EDA that
includes funding recommendations either within the agency or
elsewhere within the Department or administration.
Base Realignment and Closure.--In fiscal year 2010, the
Committee directed EDA, in coordination with the Office of
Economic Adjustment [OEA] at the Department of Defense, to
develop a report that identifies recommendations for
collaboration between the two agencies within current
authorities and budget structures to address the needs of
localities identified as Base Realignment and Closure [BRAC]
communities. As the subsequent report detailed, EDA has the
ability to continue providing support to BRAC-impacted
communities within its existing authorities, particularly those
dealing with base closure and downsizing issues. The Committee
encourages EDA to provide the most efficient and effective
assistance to Defense growth communities and communities
impacted by closures based on urgency and level of need. As per
recommendations outlined in the report, EDA is directed to, in
consultation with OEA, issue separate guidance clarifying the
overall requirements of Defense growth and closure community
assistance, and modify the definition of Special Need in EDA's
Federal Funding Opportunity announcement to specify that
Defense growth and closure communities are eligible for EDA
funding. The Committee also directs EDA to consider Defense
growth and closure communities in making award decisions for
the agency's new Regional Innovation Program.
SALARIES AND EXPENSES
Appropriations, 2011.................................... $37,924,000
Budget estimate, 2012................................... 40,631,000
Committee recommendation................................ 37,166,000
The Committee's recommendation provides $37,166,000 for
salaries and expenses. The recommendation is $758,000 below the
fiscal year 2011 enacted level and $3,465,000 below 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
recognizes the important role that Economic Development
Representatives [EDR] and Economic Development Specialists
[EDS] play in educating potential grantees about EDA programs,
providing technical assistance to potential grantees throughout
the application process, providing input to regional office
staff during the project vetting process, and overseeing EDA
funded projects.
However, the Committee remains concerned about the wide
geographic coverage areas for some EDR and EDS, 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. The Committee directs EDA to provide a report to the
Committee within 60 days of enactment of this act that assess
the feasibility of locating an EDR in each State and to
evaluate whether the current EDR and EDS structure should be
revamped in order to reduce the geographic size of each
coverage area.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
Appropriations, 2011.................................... $30,339,000
Budget estimate, 2012................................... 32,322,000
Committee recommendation................................ 29,732,000
The Committee's recommendation provides $29,732,000 for the
Minority Business Development Agency [MBDA]. The recommendation
is $607,000 below the fiscal year 2011 enacted level and is
$2,590,000 below 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, 2011.................................... $97,060,000
Budget estimate, 2012................................... 112,937,000
Committee recommendation................................ 95,119,000
The Committee's recommendation provides $95,119,000 for
Economic and Statistical Analysis [ESA]. The recommendation is
$1,941,000 below the fiscal year 2011 enacted level and
$17,818,000 below the budget request. ESA conducts research to
provide a better understanding of the U.S. economy which helps
Government make more informed policy decisions. The Committee
encourages ESA to move forward on the agency's ``Everyday
Economics: The American Household'' program, within funds
provided, to conduct research on disposable income levels and
provide a more accurate portrayal of costs and expenditures
that individuals incur.
Bureau of the Census
Appropriations, 2011.................................... $1,149,720,000
Budget estimate, 2012................................... 1,024,765,000
Committee recommendation................................ 943,336,000
The Committee's recommendation provides $943,336,000 for
the Census Bureau. The recommendation is $206,384,000 below the
fiscal year 2011 enacted level and $81,429,000 below the budget
request.
SALARIES AND EXPENSES
Appropriations, 2011.................................... $258,506,000
Budget estimate, 2012................................... 272,054,000
Committee recommendation................................ 253,336,000
The Committee's recommendation provides $253,336,000 for
salaries and expenses. The recommendation is $5,170,000 below
the fiscal year 2011 enacted level and is $18,718,000 below 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
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2011.................................... $891,214,000
Budget estimate, 2012................................... 752,711,000
Committee recommendation................................ 690,000,000
The Committee's recommendation provides $690,000,000 for
periodic censuses and programs. The recommendation is
$201,214,000 below the fiscal year 2011 enacted level and
$62,711,000 below the budget request.
This account provides for the constitutionally mandated
decennial census and 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
supports the Bureau's efforts to improve information security
and data management, but the Committee remains concerned about
the Bureau's ability to contain costs. The Committee's
recommendation provides $1,000,000 for the Office of the
Inspector General [OIG] to continue oversight and audits of the
2010 decennial operations and to provide the Bureau and
Congress with independent recommendations for improving
operations, which will be useful for the next decennial census.
The Bureau is directed 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.
Economic Census.--The Committee strongly supports the
Economic Census, and directs the Bureau to preserve funding
when considering reductions. The Committee's mark provides
latitude for the Bureau to make financial decisions, but any
programmatic decreases should first focus on reductions to
periodic censuses and agency-wide administrative cost savings.
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.
2020 Decennial Census.--As the 2010 decennial census
concludes, preparations are already underway for the 2020
decennial census operations. The Committee directs the Bureau
to seriously examine lessons-learned from this recent decennial
census to create more cost-effective operations.
The Bureau has a unique opportunity to prove that
Government can work smarter and save the taxpayers money by
streamlining operations, eliminating wasteful processes,
providing better financial oversight, and taking better
advantage of technology, especially in information gathering
and data management. Therefore, the Committee directs the
Bureau to consider budgeting for 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 a report that includes a
strategic and budgetary plan for achieving this goal. The plan
should include specific actions the Bureau can take to save
money 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 level.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
Appropriations, 2011.................................... $40,568,000
Budget estimate, 2012................................... 55,827,000
Committee recommendation................................ 45,568,000
The Committee's recommendation provides $45,568,000 for
National Telecommunications and Information Administration
[NTIA] salaries and expenses. The recommendation is $5,000,000
above the fiscal year 2011 enacted level and $10,259,000 below
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, 2012,
detailing the collection of reimbursements from other agencies
related to spectrum management, analyses, and research. The
Committee provides additional funding to allow NTIA to continue
monitoring and administering broadband grants to ensure that
funds are used appropriately by recipients.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION
Appropriations, 2011.................................... $1,000,000
Budget estimate, 2012...................................................
Committee recommendation................................................
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
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2011.................................... $2,090,000,000
Budget estimate, 2012................................... 2,706,313,000
Committee recommendation................................ 2,706,313,000
The Committee's recommendation provides $2,706,313,000 for
the United States Patent and Trademark Office [USPTO], which is
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 support
allowing USPTO full access to patent and trademark fees and
provides language allowing USPTO to retain any revenue in
excess of appropriated levels. The Committee notes that a
September 1, 2011, letter from the Director of USPTO informed
the Committee that the agency would expect to collect roughly
$88,100,000 less fee revenue compared to the 2012 budget
request. Nevertheless, the Committee has provided the full
request to allow for expenditure of increased fee collections
should they materialize.
However, such financial buffers do not absolve the agency
from creating sound requirements-based budgets and executing
them responsibly. During the 2011 continuing resolution, USPTO
executed at a higher spend rate than was authorized under
current law, choosing instead to follow a rate based on high
fee projections and high expectations for final appropriations
levels. In doing so, USPTO aggressively moved ahead with new
initiatives during a time of financial uncertainty.
When USPTO's final 2011 budget authority was not as high as
the agency had erroneously anticipated--despite having received
a 10 percent increase above 2010 levels--USPTO faced a self-
inflicted funding shortfall more than halfway through the year.
USPTO was forced to drastically cut back on basic core
operations by eliminating employee overtime and discontinuing
basic training opportunities. USPTO reacted like an agency
whose budget had been slashed, and struggled to find financial
stability throughout the rest of the fiscal year at time when
it should have prospered. Until the agency refrains from
chasing the peaks of fee estimates, which is how USPTO found
itself in financial trouble in previous years, core operations
will continue to suffer.
USPTO's actions during fiscal year 2011 show that patent
backlog and pendency issues are not fundamentally connected to
a lack of funds, but rather, are the result of a lack of sound
fiscal management. After all, USPTO's appropriations have grown
71 percent since 2004, consistently increasing each year, and
yet the patent backlog has only recently started to decline
ever so slightly. Regardless of whether fee revenues are on the
rise or on the decline, USPTO should endeavor to execute its
budget based on the fees it actually collects. The Committee
provides $1,000,000 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 incorporate 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 follow
the reprogramming procedures outlined in section 505 of this
act before using excess fee collections to forward fund
expenses beyond fiscal year 2012. 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 spend plan for fiscal year 2012, 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
spend plan shall also be subject to section 505 of this act.
USPTO is directed to submit all reprogramming, spend plans and
budget justifications to the Committee through the Department
of Commerce.
Satellite Offices.--The Committee supports USPTO's
nationwide workforce program and provides full access to fee
collections, which are sufficient for the agency to continue
the establishment of satellite offices. In addition, the
Committee recognizes the value of creating more satellite
offices in regions with a high volume of patents filed and
issued that provide easy access to transportation options to
accommodate patent seekers. Accordingly, the Committee directs
USPTO, when selecting locations for additional satellite
offices, to factor in the volume of patent activity, access to
transportation options and proximity to a high concentration of
universities and patent experts. In addition, USPTO is
encouraged to locate to sites within a region that meet these
criteria and that can lower operating costs.
Overseas Patent Protection and Small Businesses.--
Protecting U.S. patents can be very costly when the protection
extends to foreign countries, especially non-English speaking
countries where translation is required. Once filed, a company
has only 18 months to acquire the resources to protect patents
overseas. For large companies, this practice is financially
manageable, but small businesses must acquire sufficient
venture capital to afford international patenting costs,
usually at the expense of creating new jobs or expanding to new
ventures. Given today's global marketplace, U.S.-only patent
holdings are no longer sufficiently lucrative, and protection
outside the United States may mean the difference between
success and failure for some companies. One tool that could
help these small businesses protect their intellectual property
would be a revolving fund for international patent protection,
which would allow U.S. companies to apply for financial support
to help offset patent protection costs. The fund could be
replenished by the successful return on investment once the
patents are awarded and the company grows.
The Committee directs the Department of Commerce, working
with the USPTO and the International Trade Administration, to
provide the Committee with a report within 90 days of enactment
of this act detailing recommendations on how best to help small
businesses with international patent protection. If such a fund
is a reasonable option, the Department should recommend an
initial level of appropriations, and how the fund could be
managed. The Department should include suggested criteria for
who would be eligible to apply for the program, what criteria
companies would be selected to receive funding, and how the
fund could become financially self-sufficient. If a fund is not
a suitable option, then the Department should provide other
suggestions to mitigate the problem these small businesses
face.
National Institute of Standards and Technology
Appropriations, 2011.................................... $750,097,000
Budget estimate, 2012................................... 1,001,130,000
Committee recommendation................................ 680,000,000
The Committee's recommendation provides $680,000,000 for
the National Institute of Standards and Technology [NIST]. The
recommendation is $70,097,000 below the fiscal year 2011
enacted level and $321,130,000 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, 2011.................................... $506,984,000
Budget estimate, 2012................................... 678,943,000
Committee recommendation................................ 500,000,000
The Committee's recommendation provides $500,000,000 for
NIST research and services. The recommendation is $6,984,000
below the fiscal year 2011 enacted level and $178,943,000 below
the budget request.
National Cybersecurity Center of Excellence.--The Committee
is aware of investments being made to secure our Nation's
national and defense industrial base from the growing threat of
cyber attacks. While a number of Federal agencies play a role
in this important area of information assurance, the Committee
notes that NIST, as the Nation's standards setting entity,
plays a critical role in this area because it is the only
Federal lab whose mission is to collaborate with the private
sector on standards. The Committee directs the Director of NIST
to establish and operate a National Cybersecurity Center of
Excellence [NCCOE] at the level of $10,000,000 from within
funds provided in accordance with the direction provided in
Senate Report 111-229.
The Committee supports the new national program office of
the National Strategy for Trusted Identities in Cyberspace, and
directs NIST to provide the required amount of $24,000,000 to
support the program. NIST is also directed to maintain, at a
minimum, current fiscal year 2011 funding levels for all other
cybersecurity activities.
Greenhouse Gas Measurements.--The Committee supports NIST's
greenhouse gas measurement program, especially as it relates to
leveraging existing assets and services from private sector
partners. Augmenting the program through a collaborative
approach is expected to deliver substantial cost savings and
efficiencies as well as position the program for long-term
sustainability. NIST is directed to partner with networks that
are national in scale and possess attributes consistent with
high quality atmospheric and weather monitoring systems,
including highly trained field teams capable of installing and
maintaining research grade environmental sensing equipment;
comprehensive data collection, processing and dissemination
infrastructure; as well as demonstrated experience
collaborating with the Federal Government through the provision
of environmental observing system data.
Facility Security.--The Committee is concerned that plans
to change security operations at NIST's campuses are underway
even though such changes would impact appropriations. The
Committee directs NIST and the Federal Protective Service [FPS]
to provide the Committee with a detailed briefing on the
rationale for any changes to security operations as well as a
thorough analysis of the costs and personnel impacts. The
Committee notes related concerns have been raised in the
committee report accompanying the fiscal year 2012 Homeland
Security appropriations bill. The Committee is concerned that
there could be a negative budgetary impact on NIST's programs
as a result of a transfer of security operations to the FPS.
Therefore, any change to NIST's current security operations
shall be treated as a reprogramming and shall adhere to the
guidance provided in section 505 of this act.
INDUSTRIAL TECHNOLOGY SERVICES
Appropriations, 2011.................................... $173,253,000
Budget estimate, 2012................................... 237,622,000
Committee recommendation................................ 120,000,000
The Committee's recommendation provides $120,000,000 for
Industrial Technology Services. The recommendation is
$53,253,000 below the fiscal year 2011 enacted level and
$117,622,000 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 $120,000,000 for the
Hollings Manufacturing Extension Partnership Program.
The Committee notes that the fiscal year 2011 level
provided no new funding for the Technology Innovation Program
[TIP]. Regrettably, the Committee is unable to provide funding
to continue TIP grants in 2012 or to continue the Baldrige
Performance Excellence Program.
CONSTRUCTION OF RESEARCH FACILITIES
Appropriations, 2011.................................... $69,860,000
Budget estimate, 2012................................... 84,565,000
Committee recommendation................................ 60,000,000
The Committee's recommendation provides $60,000,000 for
construction of research facilities. The recommendation is
$9,860,000 below the fiscal year 2011 enacted level and
$24,565,000 below 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, 2011.................................... $4,588,033,000
Budget estimate, 2012................................... 5,485,734,000
Committee recommendation................................ 5,022,271,000
The Committee's recommendation provides $5,022,271,000 for
the National Oceanic and Atmospheric Administration [NOAA]. The
recommendation is $434,238,000 above the fiscal year 2011
enacted level and $463,463,000 below the budget request.
The Committee faces a difficult challenge in meeting the
costs of developing NOAA's Joint Polar-orbiting Satellite
System [JPSS]. This is an important project, but given the
constrained resources available in fiscal year 2012, the
Committee is deeply concerned about the long-term drain that
this program could have on NOAA's other commitments,
particularly in weather forecasting and critical investments in
our ocean and coastal resources. While working to address the
needs of the JPSS program, the Committee has tried to maintain
its strong support of NOAA's overall mission.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2011.................................... $3,182,511,000
Budget estimate, 2012................................... 3,377,607,000
Committee recommendation................................ 3,134,327,000
The Committee's recommendation provides $3,134,327,000 for
NOAA's operations, research, and facilities. The recommendation
is $48,184,000 below the fiscal year 2011 enacted level and
$243,280,000 below the budget request.
NOAA NATIONAL OCEAN SERVICE
The Committee's recommendation provides $478,653,000 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................................... 151,600
Ocean Resources Conservation and Assessment........... 101,495
Integrated Ocean Observing System................. (37,650)
Coastal Services Centers.......................... (37,099)
Coral Reef Programs............................... (26,746)
Response and Restoration.............................. 26,531
National Centers for Coastal Ocean Science [NCCOS].... 49,000
NCCOS Headquarters................................ (36,000)
Competitive External Research (HABs, Hypoxia and (13,000)
Regional Ecosystem)..............................
Ocean and Coastal Management:......................... 150,027
CZM Grants........................................ (66,146)
CZM and Stewardship............................... (8,500)
National Estuarine Research Reserve System........ (22,281)
Regional Ocean Partnership Grants................. (3,500)
Marine Protected Areas............................ (2,000)
Marine Sanctuary Program Base..................... (47,600)
-----------------
TOTAL, NOS...................................... 478,653
------------------------------------------------------------------------
Navigation Services.--Within the Committee's recommendation
for NOAA's navigation services, no less than $49,692,000 shall
be for Mapping and Charting and no less than $31,000,000 shall
be for the Address Survey Backlog. The Committee also supports
the request for Integrated Ocean and Coastal Mapping, and
favors this approach of maximizing NOAA's own existing dataset
to better serve the ocean and coastal management community
rather than creating a new program through Coastal and Marine
Spatial Planning. NOAA can fulfill the data integration goals
of the National Ocean Policy by first maximizing existing
operations and leveraging well-established relationships the
agency already has with ocean researchers and coastal resource
managers. To this end, all of NOAA's offices, not just those
within NOS, shall provide open access to ocean and coastal
datasets for the purposes of transparency and collaboration,
especially the National Marine Fisheries Service. NOAA is
directed to present all datasets in useful and meaningful ways
to all users.
Coastal Services Center.--The Committee provides the
requested funding for the Coastal Services Center, which
includes $2,800,000 for the Coastal Storms Program. An
additional $4,000,000 is provided to continue the competitive
Geospatial Modeling Grants Program.
Integrated Ocean Observing System.--The Committee supports
the administration's request of no less than $31,055,000 for
regional partnerships, which includes funding for sensor
technology development.
Response and Restoration.--The bill includes $26,531,000
for response and restoration, of which no less than $5,000,000
shall be for marine debris activities. Extra funding is
provided above the request to track and mitigate the immense
debris field generated by the Japanese earthquake and tsunami
that struck in March 2011. Based on ocean current data, the
debris field is anticipated to impact the American Pacific
islands as early as the end of fiscal year 2011, and the
continental United States during fiscal year 2012.
The Deepwater Horizon oil spill revealed that NOAA's Office
of Response and Restoration [ORR] staff was overextended.
Today, the agency still lacks the ability and capacity to
effectively respond to concurrent oil or chemical spills in
different parts of the country. While the costs of NOAA's
response and restoration efforts for the Deepwater Horizon
spill should ultimately be reimbursed by responsible parties,
it is imperative that NOAA have appropriate levels of baseline
funding to conduct response efforts as needed. NOAA is directed
to provide the Committee with a multi-year budget starting with
the fiscal year 2013 request that reflects an updated and more
realistic core staffing and resource profile for ORR based on
lessons learned from Deepwater Horizon. This request shall go
beyond oil spill research and development, which were the only
requested increases to ORR for 2012 and shall consider
operational resources as the top priority.
NOAA NATIONAL MARINE FISHERIES SERVICE
The Committee's recommendation provides $811,441,000 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............. 177,930
Fisheries Research and Management..................... 420,283
Enforcement and Observers............................. 106,806
Habitat Conservation and Restoration.................. 41,789
Other Activities Supporting Fisheries................. 64,633
-----------------
TOTAL, NMFS..................................... 811,441
------------------------------------------------------------------------
NMFS Facilities.--Within 60 days of enactment of this act,
NOAA is directed to provide the Committee a report detailing a
full analysis of relocating the NMFS northeast regional office
closer to NOAA's headquarters within 2 years. This central
office serves the eastern seaboard from Maine to North
Carolina, and as far west as Minnesota. Better centrally
locating the facility in an area close to NMFS headquarters
would allow greater coordination with senior management of NOAA
and the Department of Commerce. The Committee believes this
will provide for efficiencies and enhance management, while
still maintaining a strong regional presence.
Protected Species Research and Management.--The Committee
provides no less than $49,653,000 for marine mammal activities
and $12,887,000 for marine turtle activities from amounts
within Protected Species Research and Management. NOAA is
directed to use a portion of the funds to support section 119
of the Marine Mammal Protection Act.
Fisheries Research and Management.--Within the Committee's
recommendation for fisheries research and management, no less
than $67,120,000 shall be for annual stock assessments,
$28,662,000 shall be for Salmon Management activities, and
$24,446,000 shall be for fisheries statistics. Within the
increased funding for annual stock assessments, priority shall
be given to critically underserved regions that serve the needs
of multiple international Regional Fishery Management
Organizations.
Pacific Salmon Treaty.--Within the amount provided for
Salmon Management activities, the Committee provides a total of
$9,759,000 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 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 dearth of data about the
condition of this fishery still exists. To improve coordination
and consistency, NMFS is directed 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.
Shellfish Research.--The Committee expects NOAA to use an
appropriate portion of the research funding to support
projects--conducted collaboratively by universities and
commercial shellfish producers--that produce improved shellfish
broodstock, and also monitor and mitigate the effects of
pathogens and ocean acidity on shellfish production.
Enforcement and Observation.--The Committee provides a
total of $65,732,000 for fisheries enforcement and
surveillance, and a total of $41,074,000 for fisheries
observers and observer training.
The Committee is concerned that the transition to the
Northeast Multispecies Fishery Sector Management Program
continues to present substantial financial challenges to the
economic sustainability of fishing communities throughout the
northeast region. Within the funds provided, the Committee
directs NMFS to provide adequate funding for at-sea and
dockside monitoring for fisheries transitioning to approved
catch share management plans.
Habitat Conservation and Restoration.--The Committee
provides a total of $41,789,000 for habitat conservation and
restoration programs. For the fiscal year 2013 budget request,
NOAA is directed to consolidate funding for restoration and
conservation grant programs throughout the agency, not only
within NMFS, including the Estuary Restoration Program, the
Damage Assessment, Remediation and Restoration Program, and the
Coastal and Estuarine Land Protection Program. NOAA is directed
to work with its Federal and non-Federal partners to prioritize
which funding sources are most important to communities,
eliminate duplicative activities and administration, and
establish a reasonable path forward for sound environmental
restoration within the scope of the agency's authorization and
financial potential.
Other Activities Supporting Fisheries.--The Committee
provides a total of $64,633,00 for other activities supporting
fisheries, of which not less than $11,000,000 shall be for
cooperative research, $12,228,000 for Regional Studies and
$8,000,000 for aquaculture activities. Within 15 days of
obligating Cooperative Research funding, the agency is directed
to provide the Committee with a report detailing all grants
management information about Cooperative Research recipients
including indirect costs and overhead charges.
Regional Studies.--The Committee supports the request for
regional studies. NOAA's Chesapeake Bay Office [CBO] is
directed to collaborate with State agencies and the National
Sea Grant Programs to advance multiple species management. The
Committee also directs NOAA to provide the Committee with a
report within 60 days of enactment of this act detailing a
clear strategic plan for transferring the Cooperative Oxford
Laboratory [COL] from the National Centers for Coastal Ocean
Science to CBO.
Fisheries Asset Forfeiture Fund.--The Committee recognizes
that the administration has improved the accounting procedures
for the Fisheries Asset Forfeiture Fund and therefore provides
bill language in section 110 of this title that allows for
further fiscal transparency. The Committee is also aware of
associated proposals to redirect the use of the fund to
activities other than fisheries enforcement. However, the
Committee's concerns about this fund focus more on financial
oversight than authorized uses. Any newly proposed uses of the
funds that may deviate from activities outlined in section
311(e) of the Magnuson-Steven Fisheries Conservation and
Management Act should be addressed though the Senate Committee
on Commerce, Science, and Transportation.
NOAA OCEANIC AND ATMOSPHERIC RESEARCH
The Committee's recommendation provides $362,848,000 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.
The Committee notes that the fiscal year 2012 request for
NOAA's new Climate Service was made at the expense of
substantial funding from OAR's climate research activities. The
Committee does not see the value of having a research line
office if research activities are requested elsewhere in the
agency. In addition, the proposed reorganization of NOAA to
create the Climate Service presented a unique opportunity to
migrate research-related activities that exist in other NOAA
line offices into OAR. However, such a consolidation was not
proposed.
To maintain a consistent research line office, the
Committee retains much of the agency's climate research
funding, include climate-related Cooperative Institutes, in
OAR. Given the pending fiscal constraints facing the agency,
NOAA needs to make a decision about the future of research
within the agency. The Committee directs NOAA to include in its
fiscal year 2013 request either a more realistic and viable
justification for OAR, or to propose to eliminate basic
research from NOAA's portfolio and incorporate OAR's applied
research functions into their respective line offices.
Committee recommendations are displayed in the following
table:
OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Climate Research..................................... 163,483
Laboratories and Cooperative Institutes.......... (53,483)
Competitive Research Program..................... (110,000)
Weather and Air Quality Research Programs............ 62,596
Ocean, Coastal, and Great Lakes Research............. 124,769
Laboratories and Cooperative Institutes.......... (24,246)
National Sea Grant College Program............... (65,000)
Ocean Exploration................................ (29,523)
Integrated Ocean Acidification................... (6,000)
High-performance Computing Initiatives............... 12,000
------------------
TOTAL, OAR..................................... 362,848
------------------------------------------------------------------------
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, and laboratories at
appropriate levels in future years.
National Sea Grant College Program.--The Committee provides
$65,000,000, of which $5,000,000 is for marine aquaculture
research and $1,200,000 is for aquatic invasive species
research; both activities shall be coordinated by NOAA's Sea
Grant office. 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 encourages NOAA to
continue research involving unmanned aerial systems that could
support the agency's operations, especially weather forecasting
and hurricane tracking.
NOAA NATIONAL WEATHER SERVICE
The Committee's recommendation provides $893,480,000 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. Of the amounts
provided, no less than $631,121,000 shall be for Local Warnings
and Forecasts.
NWS Operations and Organization.--The National Academy of
Sciences is currently conducting an end-to-end assessment of
the NWS modernization and will be making recommendations on how
NWS can improve current partnerships with Federal and non-
Federal partners and incorporate new technologies for improved
services. With regards to organizational structure internal to
NWS, NOAA is directed to enter into a contract with the
National Academy of Public Administration for the purposes of
evaluating efficiencies that could be made to the NWS
organization. Given the current fiscal climate, such
independent information will be important to the Committee and
to the administration to make informed decisions about future
budget requests that support NWS operations.
National Mesonet Strategy.--The need for significant
improvement to the Nation's mesoscale weather observing
capabilities is well documented. Many Federal agencies
including the Department of Commerce, the Department of
Transportation, and the Department of Energy, along with State
and local agencies, and the private and academic sectors have
long desired a national mesonet for improved comprehensive
understanding of our environment. A national mesonet is a
nationwide, integrated network of surface-based, atmospheric
monitoring sensors at the county and local scale that will
improve real-time detection and forecasting of weather,
especially high-impact severe weather. However, progress toward
a national mesonet has been sporadic and often not focused. In
order to satisfy this critical national need, the Director of
NWS shall lead a study that establishes a peer-reviewed plan
and budget for finally achieving a national mesonet, including
the role of the Meteorlogical Assimilation Data Ingest System
[MADIS] and the evolution of this observation network to
include climate sensors for the study of greenhouse gas
emissions. This study should include users and data providers,
and it should involve the private sector, academia, and the
government at the local, State, and Federal levels. It should
be delivered with specific recommendations on implementation no
later than 180 days from enactment of this act.
National Mesonet Operations.--Within amounts provided for
NWS, $16,000,000 shall be for continuation and expansion of the
competitive National Mesonet Program, including: (1)
$10,000,000 to procure data to support programs previously
funded under the National Mesonet initiative; (2) $3,000,000
for expansion of procurements of surface in-situ observations
from non-Federal networks in urban and nonurban regions of the
country for purposes of monitoring weather, climate and
dispersion forecasting, of which 75 percent of the funds shall
be for data procurements (such as exclusive software or
infrastructure necessary for the acquisition of the data) from
existing networks within Urban Area Security Initiative
eligible cities not already covered by NOAA's Mesonet network
that possess significant in-place observing assets and
demonstrated records of performance, including well-spaced
commercial grade observing systems within a 30-mile radius of
each city center, delivery of consistently high-quality
observations in near real-time and with 1-minute frequency,
supported by continuous operations center as well as highly
trained and equipped field personnel responsible for documented
maintenance, calibration and metadata collection activities, of
which 25 percent of the funds shall be utilized specifically
for data procurements from existing networks in non-urban areas
that possess similar demonstrated records of performance for
network size, operations and maintenance; (3) $1,500,000 for
continued transition to operation of the Mobile Platform
Environment [MoPED] system with expansion to additional vehicle
fleets and other mobile platforms; (4) $750,000 for
enhancements to MADIS, including continued evolution of
metadata handling and performance capabilities; and (5)
$500,000 for the National Mesonet program office for oversight
and data utilization initiatives. NOAA is expected to include a
robust and expanded national mesonet program in its fiscal year
2013 budget request.
Severe Storm Forecasts.--The Committee is 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 develop a plan for a mid-decade deployment of
an advanced 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 90 days of enactment of this act.
Flood Forecasts.--The Committee provides an additional
$2,000,000 to NOAA's request for Advanced Hydrological
Prediction Services for a total of $8,119,000, and directs the
agency, working in consultation with the U.S. Geological Survey
and the U.S. Army Corps of Engineers, to enter into formal
agreements with river commissions throughout the country for
the purposes of leveraging stream and river data and
information for coordinated flood forecasts. Initial priority
for creating such agreements shall be given to Federal-
interstate compact commissions given their unique congressional
authority. River commissions provide critical data to NWS via a
network of stream and rain gages which is used to create
accurate and timely flood forecasts and warnings, thereby
saving human lives.
NATIONAL ENVIRONMENTAL SATELLITE SERVICE
The Committee's recommendation provides $110,490,000 for
the National Environmental Satellite Service [NESS] operations.
NESS programs operate environmental polar-orbiting and
geostationary satellites and collect and archive 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.
NOAA CLIMATE SERVICE
The Committee recommendation provides $161,549,000 for the
NOAA Climate Service, of which $27,803,000 is for Integrated
Climate Services, and $133,746,000 is for Observations and
Monitoring. The funding requested by the administration for
climate activities that directly relate to competitive research
and Cooperative Institutes is funded within OAR.
Within the funds provided, no less than $7,000,000 shall be
for Regional Services, no less than $6,000,000 for the Climate
Data Modernization Program, and NOAA is also directed to
continue funding the National Coastal Data Development Center
per the administration's request.
NOAA-WIDE PROGRAM SUPPORT
The Committee recommendation provides $431,964,000 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.................................... 219,291
NOAA Education Program................................ 31,540
Marine and Aviation Operations and Maintenance........ 181,133
-----------------
TOTAL, PROGRAM SUPPORT.......................... 431,964
------------------------------------------------------------------------
Corporate Services.--The Committee remains concerned about
the lack of transparency of all administrative costs incurred
by NOAA's corporate staff and line offices, including regional
and field offices. A January 2011 GAO report, commissioned by
this Committee, validates these concerns by recommending that
NOAA improve its policies and procedures for providing
management and administration [M&A] services. Without
transparent accounting, the Committee will not know the true
agency-wide administrative costs that currently far outweigh
the corporate services appropriation. NOAA has continued to tax
line office programs for a portion of its corporate
administrative costs through a direct billing process that is
not visible to the Committee. Over the past 5 years, the
corporate services appropriation has accounted for a declining
share of total NOAA corporate administrative costs, while the
direct billing share of these costs has increased
significantly.
The Committee directs NOAA to implement the GAO
recommendations by requiring NOAA's headquarters, line offices,
and financial management centers to document policies and
procedures for M&A services provided, in line with internal
control and Federal cost accounting standards. Such
documentation should include at a minimum: (1) policies
regarding the types of M&A services provided; (2) the
procedures used each year to determine the costs of M&A
services; (3) policies and procedures for assigning the costs
of M&A services to specific programs, activities, or outputs
that benefit from the services and the results of that cost
assignment; and (4) the justification for why those assignments
are appropriate.
In addition, the Committee directs NOAA to include a report
with the 2012 spend plan that identifies total NOAA
administrative costs for fiscal years 2011 and 2012 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, $8,040,000 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; $14,300,000 is for the
educational partnership program with minority serving
institutions; and a total of $7,200,000 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.
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 Services.--Within the funds provided
for marine and aviation services, no less than $29,358,000
shall be for aviation operations.
PROCUREMENT, ACQUISITION, AND CONSTRUCTION
Appropriations, 2011.................................... $1,332,682,000
Budget estimate, 2012................................... 2,052,777,000
Committee recommendation................................ 1,833,594,000
The Committee's recommendation provides $1,833,594,000 for
NOAA's procurement, acquisition, and construction. The
recommendation is $500,912,000 above the fiscal year 2011
enacted level and $219,183,000 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.... 5,000
National Estuarine Research Reserve Construction 1,690
and Land Acquisition............................
Marine Sanctuaries Construction/Acquisition...... 5,495
------------------
Total, National Ocean Service--PAC............. 12,185
==================
Climate Service:
Research Super Computing......................... 6,379
Regional Climatology Network Modernization....... 3,700
EOS & Advanced Polar Data Processing, 990
Distribution & Archiving........................
Data Center Modernization........................ 2,846
CLASS............................................ 6,476
------------------
Total Climate Service.......................... 20,391
==================
National Weather Service:
ASOS............................................. 1,635
AWIPS............................................ 23,952
NEXRAD........................................... 5,819
NWSTG Legacy Replacement......................... 1,195
Radiosonde Network Replacement................... 4,014
Weather and Climate Supercomputing............... 33,174
Complete and Sustain NOAA Weather Radio.......... 5,594
NOAA Profiler Network............................ 5,000
WFO Construction................................. 3,150
------------------
Total, National Weather Service--PAC........... 83,533
==================
National Environmental Satellite Services:
Geostationary Systems [GOES-N]................... 33,967
Geostationary Systems [GOES-R]................... 617,390
Polar Orbiting Systems [POES].................... 34,816
Joint Polar Satellite Systems [JPSS]............. 920,794
JASON-3.......................................... 20,306
DSCOVR........................................... 47,300
CIP--single point of failure..................... 2,772
NPP Data Exploration............................. 4,455
Satellite CDA Facility........................... 2,228
Restoration of Climate Sensors................... 28,957
------------------
Total, NESS--PAC............................... 1,712,985
==================
Program Support:
Vessel Equip. and Tech Refresh................... 11,100
New Vessel Construction.......................... 1,400
------------------
Total, Program Support--PAC.................... 12,500
==================
Unobligated balances from prior years................ (8,000)
------------------
GRAND TOTAL, PAC............................... 1,833,594
------------------------------------------------------------------------
Joint Polar Satellite System [JPSS].--The Committee
provides $920,794,000 for JPSS, which is $436,530,000 above the
2011 spend plan level. The Committee remains concerned about
the lack of long-term budgeting for JPSS as well as decisional
delays caused by uncertainty over the transition of the legacy
program, including the migration of legacy contracts to the
JPSS program and on-going intellectual property disputes. The
Committee has repeatedly requested updated and detailed budget
plans for the life-cycle of the program. NOAA is reminded that
section 112 of division B of Public Law 110-161 applies to
JPSS, which continues as section 105 of this act.
The original cost to complete JPSS, excluding climate
sensors, was originally projected to surpass $11,900,000,000
through fiscal year 2024. The Committee does not believe the
current fiscal climate can achieve this funding level, nor will
the Committee continue to allow a single satellite program to
jeopardize the base funding for every other agency in this
bill, including the erosion of NOAA's non-satellite operations.
Therefore, the Committee directs NOAA to modify the scope and
cost of the JPSS program in the following manner while
preserving the mission's primary objective of providing data
for predicting and forecasting weather.
First, the Committee expects NOAA to reduce the program's
total life cycle cost, with the exception of climate sensors,
to $9,423,000,000 through 2024. This means from 2012 through
2024, NOAA will have a remaining budget of $6,060,000,000, of
which $920,794,000 is provided in 2012. Should JPSS operate
beyond 2024 based on extended satellite performance, the
Committee will certainly entertain an extension with associated
funding.
Second, NOAA is directed to provide the Committees with an
updated budget plan for JPSS no later than 60 days after
enactment of this act that keeps life cycle costs within this
framework. In addition, the agency shall propose a firm cap on
the costs of each payload sensor, spacecraft, and the ground
segments. The original projected cost of a launch vehicle shall
remain the same as originally budgeted for in February 2010.
Funding for program management, execution and operations shall
also be delineated, including a sufficient budget for
contingency and reserve funding to handle unanticipated
problems in the development of JPSS-1 and JPSS-2.
Third, NOAA shall provide a report, within 60 days of
enactment of this act, quantifying the value of JPSS data to
other Federal agencies. NOAA shall establish a compensation
policy that requires the agency to be fully reimbursed by
appropriate Federal agencies or scientific institutions for the
use of JPSS data, information and products. The Committee takes
note of various agencies and institutions that have commented
on the importance of JPSS and weather forecasting to their own
operations and how full funding for the program is needed
regardless of current fiscal constraints. The Committee also
notes that none of these entities have offered any financial
support for such an important program. Indeed, JPSS is as much
of a national asset as it is a NOAA asset, and NOAA's baseline
weather information shall be available to all. However, NOAA
shall be reimbursed for any special products, services, data
transfers, or any activities conducted in collaboration with
any other Federal agency or non-Federal entity per section 112
of this title.
Fourth, NOAA is prohibited from using appropriations to
fund the development of any JPSS-related weather or climate
instrument to fly on any satellite outside of the JPSS program
without the express consent of the Committee.
Fifth, the Committee directs NOAA to ensure the launch date
of JPSS-1 does not slip beyond the fall of 2016 to minimize the
potential gap in civil weather forecasting. To mitigate any
such gap, NOAA is directed to explore cost-effective and
logistically reasonable options for acquiring weather data from
our international space partners or from industry.
Sixth, NOAA is directed to keep weather forecasting as the
prime objective of the JPSS mission, and to minimize risk. To
this end, any associated climate sensors that become the
critical path for JPSS will be cancelled. Given the fiscal
environment and JPSS's low tolerance for risk, NOAA shall
explore the feasibility of using smaller platforms to
accommodate climate sensors in order to accomplish NOAA's
climate goals.
NOAA Satellite Reporting.--Beginning with fiscal year 2013
and for every fiscal year thereafter, the Committee directs
NOAA to provide multi-year budget projections for all active
satellite systems within the agency's request that cover the
full life-cycle costs, including previous appropriations,
broken out by year. For each satellite, NOAA shall clearly
state the intended launch date listed to the closest quarter.
At a minimum, NOAA is further directed to provide the Committee
with 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.
NOAA Pacific Regional Center.--The Committee clarifies that
funds previously appropriated for development of the NOAA
Pacific Regional Center are also intended for development of an
accompanying Child Development Center.
PACIFIC COASTAL SALMON RECOVERY FUND
Appropriations, 2011.................................... $79,840,000
Budget estimate, 2012................................... 65,000,000
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 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, 2011....................................................
Budget estimate, 2012................................... $350,000
Committee recommendation................................ 350,000
The Committee's recommendation provides $350,000 for the
Fisherman's Contingency Fund. The recommendation is $350,000
above the fiscal year 2011 enacted level and the same as the
President's request.
FISHERIES FINANCE PROGRAM ACCOUNT
Appropriations, 2011.................................... -$6,000
Budget estimate, 2012................................... -10,000
Committee recommendation................................ -11,000
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, 2011.................................... $57,884,000
Budget estimate, 2012................................... 64,871,000
Committee recommendation................................ 56,726,000
The Committee's recommendation provides $56,726,000 for
Departmental Management Salaries and Expenses. The
recommendation is $1,158,000 below the fiscal year 2011 enacted
level and $8,145,000 below 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.
Data Center Consolidation.--The Committee encourages DOC to
accelerate data center consolidation efforts throughout the
Department and to provide the Committee with a report 90 days
from enactment of this act outlining the plan, strategy and
cost savings of the consolidation. As an incentive for each
Commerce agency to collaborate with DOC headquarters on this
issue, the Committee recommends that all savings associated
with any proposed consolidations shall remain within the
Department. The Committee suggests that one-half of any savings
should stay within any agency able to participate in data
consolidation. Such funds should directly support the agency's
base operations or any reprogramming requests submitted to the
Committee.
The other one-half of any savings shall fund improvements
to the Department's internal cybersecurity controls as proposed
in the 2012 budget request. The Committee shares the inspector
general's concerns that DOC needs to improve cybersecurity
protocols throughout the Department.
National Manufacturing Strategy.--Within 180 days of
enactment of this act, the Department is directed to submit to
the Committee, and publish on a public Web site, a National
Manufacturing Strategy, which assesses the Nation's
manufacturing sector, develops a strategy that includes
specific goals, in addition to goals in the export market, and
outlines the initiatives the administration is pursuing to
achieve those goals and strengthen our Nation's manufacturing
sector.
RENOVATION AND MODERNIZATION
Appropriations, 2011.................................... $14,970,000
Budget estimate, 2012................................... 16,150,000
Committee recommendation................................ 5,000,000
The Committee recommendation provides $5,000,000, which is
$9,970,000 below the fiscal year 2011 enacted level and
$11,150,000 below the budget request for building renovation at
the Department of Commerce.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2011.................................... $26,946,000
Budget estimate, 2012................................... 33,520,000
Committee recommendation................................ 26,946,000
The Committee recommendation provides $26,946,000. The
recommendation is the same as the fiscal year 2011 enacted
level and $6,574,000 below the budget request.
In addition to funds provided under this heading, the
Committee has recommended a transfer to the inspector general
of $1,000,000 from the U.S. Patent and Trademark Office and
$1,000,000 from the Census Bureau for oversight and audits of
those activities.
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 and within NOAA
appropriations. 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 cancels the Coastal Zone Management Fund.
Section 110 establishes the Fisheries Enforcement Asset
Forfeiture Fund.
Section 111 establishes the Sanctuaries Enforcement Asset
Forfeiture Fund.
Section 112 provides NOAA the authority to accept funding
from entities outside the agencies.
Section 113 clarifies management of highly migratory fish
stocks.
TITLE II
DEPARTMENT OF JUSTICE
The Committee recommends a total of $26,907,016,000 for the
Department of Justice [DOJ]. The recommendation is $482,134,000
below the fiscal year 2011 funding level and $1,817,323,000
below the budget request.
Spending cuts have real consequences, and the Committee's
recommendation for the Department of Justice reflects that
reality. The Committee makes tough and ultimately unpopular
budgetary 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 an increase of more than
$350,000,000 above fiscal year 2011 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 approaches fast when Federal
prisons and detention demands swallow the Justice Department's
budgetary resources.
Given these urgent challenges within current budgetary
constraints, the Committee was forced to reduce activities for
which it has historically provided increases. The Committee's
recommendation regrettably cuts nearly all other Federal law
enforcement agencies--including the Federal Bureau of
Investigation [FBI], Drug Enforcement Administration [DEA],
Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF], U.S.
Marshals Service, and U.S. Attorneys--by up to 2 percent from
fiscal year 2011 enacted levels. State and local grant programs
are cut by over $482,000,000, or by 17 percent, compared with
fiscal year 2011 levels. Over 20 grant programs are eliminated
and the surviving programs face substantial reductions. Faced
with these cuts, the Department of Justice, along with its
State and local law enforcement and criminal justice partners,
will struggle to carry out their mission and mandate to protect
our Nation from terrorists, guard our neighborhoods from
violent crime, and uphold the rule of law.
Staying in Front of Emerging Technologies.--With the advent
of third and fourth-generation communication networks,
Americans will enjoy more flexibility, capabilities, and
choices in when, where, and how they communicate than ever
before. These technological advances will drive innovation and
development across the economy. However, criminals are also
capitalizing on emerging communications technologies. In the
United States, State, local, and Federal law enforcement have
used electronic surveillance to track down, apprehend, and
prosecute members of drug trafficking organizations, violent
transnational gangs, and child pornography and prostitution
rings. Examples of such successes are the Attorney General's
announcements earlier this year of Operation Delego, which
targeted international online sex predators who made,
distributed and wallowed in pornography targeting children ages
12 and younger; Operation Shadowbox, which orchestrated a
takedown targeting the Mexican Sinaloa Cartel and Iraqi
narcotics trafficking elements; the FBI's international
crackdown against computer hacking groups such as
``Anonymous;'' and Project Delirium's arrests of thousands of
members and associates of the notorious mafia La Familia
Michoacana drug cartel.
The Committee is concerned that with the rapid deployment
of telecommunications and data communications technology, law
enforcement does not have the ability to keep up with these
technological changes, impacting collection, and surveillance
capabilities. Without a proactive approach to addressing these
technological gaps, criminal investigations will be crippled.
The Committee directs the Attorney General to report to the
Committee no later than 60 days after enactment of this act on
whether the Department of Justice has the resources it needs to
preserve law enforcement's electronic surveillance capabilities
in the face of third and fourth generation communication
technologies. If not, the Committee directs the Attorney
General to provide recommendations on what resources are
necessary to ensure that Federal law enforcement agencies, as
well as State and local law enforcement, maintain the
technological capabilities to conduct lawful electronic
surveillance.
General Administration
SALARIES AND EXPENSES
Appropriations, 2011.................................... $118,251,000
Budget estimate, 2012................................... 134,225,000
Committee recommendation................................ 115,886,000
The Committee's recommendation provides $115,886,000 for
General Administration salaries and expenses. The
recommendation is $2,365,000 below the fiscal year 2011 enacted
level and $18,339,000 below 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.
Office of Legislative Affairs [OLA].--OLA needs to provide
the Committee with information proactively and in a timely
manner, but this has not been consistent practice over the past
3 years. OLA is directed to take whatever steps are necessary
(including communicating with the White House to end unhelpful
and counterproductive information embargoes) to improve the
sharing of information with Congress.
International Organized Crime [IOC].--The bill includes
funds for the IOC Intelligence and Operations Center, the
Attorney General's Organized Crime Council Program Support
Office and IOC increases requested in other bureaus. Resources
requested to provide a central fund for IOC case operation
costs, however, should continue to be derived from the Attorney
General's special projects fund or other available sources. If
the IOC initiative is intended to be a permanent fixture that
will appear in future requests, the Department of Justice [DOJ]
should develop a strategy for funding this program somewhere
other than the executive leadership budget.
Cooperation with the Government Accountability Office
[GAO].--The Department is directed to develop, in consultation
with GAO, a compromise that will allow congressional oversight
to proceed as necessary on intelligence-related programs. As
part of this negotiated compromise solution, DOJ is directed to
work more broadly with GAO on improving the quality, quantity
and timeliness of DOJ responses to GAO reviews on all subjects,
including those that are not directly related to intelligence
or national security programs.
Gang Enforcement.--The Department should continue to strive
for better cooperation among anti-gang entities and greater
effectiveness in enhancing and linking gang cases. In addition,
the Department shall continue keeping the Committee informed of
any planned management and organizational changes regarding
anti-gang efforts.
Prison Rape Elimination.--The Department shall publish, as
soon as possible, 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, which by law were due to be adopted over a year ago. 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.
Tribal Consultation.--Within 120 days of enactment of this
act, the Attorney General shall provide the Committee with a
report on how DOJ will use the tribal consultation process to
further streamline and coordinate programs and funding
opportunities for Native Americans, both within DOJ and with
relevant programs of the Department of the Interior.
NATIONAL DRUG INTELLIGENCE CENTER
Appropriations, 2011.................................... $33,955,000
Budget estimate, 2012................................... 25,000,000
Committee recommendation................................ 20,000,000
The Committee's recommendation provides $20,000,000 for the
National Drug Intelligence Center [NDIC]. The recommendation is
$13,955,000 below the fiscal year 2011 enacted level and
$5,000,000 below the budget request.
The Committee directs the Department to submit a report to
the Committee no later than 60 days after the enactment of this
act detailing its future plans for NDIC, including positions
and salaries. DOJ is further directed to include in its report
information on potential employee relocations and the
corresponding associated costs.
JUSTICE INFORMATION SHARING TECHNOLOGY
Appropriations, 2011.................................... $60,164,000
Budget estimate, 2012................................... 54,307,000
Committee recommendation................................ 47,000,000
The Committee's recommendation provides $47,000,000 for
Justice Information Sharing Technology. The recommendation is
$13,164,000 below the fiscal year 2011 enacted level and
$7,307,000 below the budget request.
Cyber Security.--The Committee's recommendation includes
$16,086,000 as requested, so that DOJ may continue to defend
proactively against and respond to cyber threats and attacks
against DOJ's networks. The Committee supports the Department's
efforts to better protect its networks and other information
technology assets and hopes that these resources will allow DOJ
to achieve the same success in cyber security implementation as
it has achieved on its Federal Information Security Management
Agency [FISMA] report card.
TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS
Appropriations, 2011.................................... $99,800,000
Budget estimate, 2012................................... 102,751,000
Committee recommendation................................ 87,000,000
The Committee's recommendation provides $87,000,000 for
Tactical Law Enforcement Wireless Communications. The
recommendation is $12,800,000 below the fiscal year 2011
enacted level and $15,751,000 below the budget request.
This account centrally funds development, acquisition,
deployment, operation and maintenance of the Justice
Department's narrowband wireless communications network.
Integrated Wireless Network [IWN].--A decade after the
September 11, 2001, attacks on our Nation, the Department of
Justice continues to have significant deficiencies in its law
enforcement communications capabilities. Over the past several
years, the Committee has supported efforts to replace
antiquated legacy systems by consolidating tower infrastructure
and trunking land mobile radios--a system that provides
interoperable communications among Federal law enforcement
agencies. This effort has been deployed in the National Capitol
Region and future deployments were planned for surrounding
States.
Due to budgetary constraints, the Department recently took
steps to terminate work on the further design and deployment of
this system. The Committee appreciates that tight budgetary
constraints necessitate difficult decisions; however,
interoperable communications remain a top priority. Given that
the dynamics of IWN have changed in light of a shrinking
Federal budget, the Department shall submit a report within 60
days of enactment of this act to the Committee on the
Department's plan moving forward, including alternative funding
sources and funding options, to provide, deploy, maintain and
operate a wireless network that addresses security
vulnerabilities, improves system reliability, and achieves
interoperability with other law enforcement and emergency
responder radio infrastructure systems. The Department is
expected to work with its Chief Information Officer to retain
oversight of IWN, and to explore all available and viable
options for advancing law enforcement radio infrastructure and
resources, including qualitative performance metrics and
analysis that assess the effectiveness of new and existing
infrastructure and technology deployments. The report should
also include a description of the Department's efforts to
ensure that components are purchasing equipment that is
compliant with Project 25 standards.
The Committee supports the broadest possible use of IWN
across law enforcement agencies. However, the Department does
not have the budgetary resources to fund other agencies' use of
the network. Should other agencies choose to use the network,
they should assume the full cost of their participation.
The Committee is concerned that the Department has used
sole-source contracts or existing contracts for operations and
maintenance to procure several hundred million dollars worth of
land mobile radios and equipment without full and open
competition. While the Department has justified such sole-
source contracts with the need to be backward compatible with
existing proprietary systems, the continued use of proprietary
systems will only serve to lock the Department into a non-P25,
proprietary system from one vendor for years to come. The
purpose of P25 is to have an open standard that increases
competition and lowers cost. The Committee believes that the
Department has not thoroughly considered its options or
reviewed the examples of currently operating P25 systems. The
Department shall use full and open contracting and procurement
procedures.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2011.................................... $300,084,000
Budget estimate, 2012................................... 332,583,000
Committee recommendation................................ 294,082,000
The Committee's recommendation provides $294,082,000 for
Administrative Review and Appeals, of which $4,000,000 is a
transfer from the USCIS Immigration Examiners Fee Account. The
recommendation is $6,002,000 below the fiscal year 2011 enacted
level and $38,501,000 below the budget request.
This account funds the Executive Office for Immigration
Review [EOIR], including the Board of Immigration Appeals,
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.
Immigration and Southwest Border Initiative.--Due to tight
fiscal constraints, the Committee's recommendation regrettably
does not include the requested increase of $11,039,000 for
EOIR's Immigration and Southwest Border Initiative to add 21
Immigration Judge Teams, 10 Board of Immigration Appeals [BIA]
attorneys, and related immigration court and BIA support staff.
The Committee urges the Department of Justice to submit a
reprogramming request in 2012 that would reallocate funds from
lower-priority programs across the Department to enable EOIR to
enhance its Immigration and Southwest Border Initiative if this
initiative remains an immediate need.
EOIR receives cases directly from Department of Homeland
Security [DHS] enforcement personnel, in which the Government
is seeking the removal of aliens 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 30 percent between fiscal year 2004 and 2010, growing
from 300,000 to 393,000 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, reaching over 268,000
matters pending at the end of the first quarter of 2011. Court
dockets have been stretched unacceptably far into the future,
with most courts backlogged at least a year. Increased funding
would have enhanced EOIR's ability to provide timely
adjudications, thus enabling DHS to process those found to be
removable immediately upon completion of their sentences, and
assisting greatly in the efficient use of detention beds.
Legal Orientation Program [LOP].--The Committee's
recommendation includes $6,200,000, an increase of $200,000
above fiscal year 2011, but $3,800,000 below the budget
request, to cover the costs associated with the recent
implementation and expansion of the LOP. The Committee
encourages EOIR to dedicate additional funds to the LOP, as
necessary and available, to ensure that there is no reduction
in the level of support for LOP from year to year.
The Committee continues its strong support of the LOP,
which provides guidance to detained aliens about their legal
rights and responsibilities in the immigration court system.
Apprehended individuals benefit from better information about
immigration removal proceedings, and the U.S. taxpayer benefits
from reduced detention costs through a more efficient legal
process. The Committee expects EOIR to seek alien-specific
detention costs and duration of detention data from the
Immigration and Customs Enforcement in order to develop a more
accurate estimate of the cost savings to the Federal Government
provided by participation in the LOP.
The Committee's recommendation includes $2,000,000 for
Legal Orientation Programs, 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, 2011.................................... $1,515,626,000
Budget estimate, 2012................................... 1,595,360,000
Committee recommendation................................ 1,563,453,000
The Committee's recommendation provides $1,563,453,000 for
the Office of the Federal Detention Trustee [OFDT]. The
recommendation is $47,827,000 above the fiscal year 2011
enacted level and $31,907,000 below the budget request.
The Committee has made great sacrifices to fund OFDT as
close to the request as possible at the expense of nearly all
of the other components within the Department of Justice.
Federal detention is not a ``discretionary program.'' When the
court orders an individual detained pending a court appearance,
OFDT must provide the housing, transportation and medical care
for those detainees awaiting Federal court actions. While OFDT
has made efforts to streamline and modernize the process to
move detainees through the system faster and reduce the amount
of time an individual spends in detention, OFDT is mandated to
accept each detainee.
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, OFDT expects bookings for immigration
offenses alone to increase to 96,000 in 2012, a growth of 6.6
percent over current levels.
The Committee remains concerned about the Department's
ability to anticipate the true funding needs for this account.
The Committee directs OFDT to continue reporting to the
Committee on a quarterly basis the number of individuals in the
detention trustee system, the projected number of individuals,
and the annualized costs associated with them.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2011.................................... $84,199,000
Budget estimate, 2012................................... 85,057,000
Committee recommendation................................ 84,199,000
The Committee's recommendation provides $84,199,000 for the
Office of Inspector General [OIG]. The recommendation is equal
to the fiscal year 2011 enacted level and $858,000 below 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.
Inspector General Vacancy.--The Department has been without
an IG since January 2011. The IG staff continues to work
diligently on its ongoing and evolving responsibilities,
including overseeing the Department's critical
counterterrorism, information technology systems, cybercrime,
detention and incarceration, law enforcement and grant-related
activities; however, it is crucial that the office have top
leadership to guide its work. The Committee regards the IG as
its strong partner, working every day to improve accountability
at the Department so that every dollar spent to secure our
communities is a dollar well spent.
United States Parole Commission
salaries and expenses
Appropriations, 2011.................................... $12,833,000
Budget estimate, 2012................................... 13,213,000
Committee recommendation................................ 12,577,000
The Committee's recommendation provides $12,577,000 for the
United States Parole Commission. The recommendation is $256,000
below the fiscal year 2011 enacted level and $636,000 below the
budget request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2011.................................... $863,367,000
Budget estimate, 2012................................... 955,391,000
Committee recommendation................................ 846,099,000
The Committee's recommendation provides $846,099,000 for
General Legal Activities salaries and expenses. The
recommendation is $17,268,000 below the fiscal year 2011
enacted level and $109,292,000 below 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 strongly
supports the additional resources proposed by the Department's
litigation divisions, for which inadequate funding has been
proposed in past years. The Committee's recommendation provides
$5,300,000 for the Human Trafficking and Slavery Prosecution
Unit [HTSPU], equal to the budget request, to fight human
trafficking and slavery.
Civil Rights.--The Committee supports the Civil Rights
Division's efforts to continue restoring its base capacity to
enforce civil rights laws; expanding its capacity to prosecute
and provide litigation support for human trafficking, hate
crimes and unsolved civil rights era crimes; carrying out its
responsibilities associated with the civil rights of
institutionalized persons and the access rights of the
disabled; and enhancing the enforcement of fair housing and
fair lending laws.
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, within the
available funds the Committee directs that $1,800,000 be
allocated for attorneys, analysts, and support personnel in the
Criminal Division to investigate and prosecute individuals who
violate Federal laws regarding serious human rights abuses.
INTERPOL Washington.--The Committee notes that, per the
Justice Department's request, the component previously known as
the United States National Central Bureau of INTERPOL will be
known henceforth as INTERPOL Washington.
Child Exploitation.--The Committee expects INTERPOL
Washington to continue its role of coordinating and
facilitating international communications between foreign and
U.S. domestic law enforcement authorities that investigate
violations involving the production and distribution of child
sex abuse images; child sex tourism; sex offender tracking and
reporting under the Adam Walsh Child Protection and Safety Act
(Public Law 109-248); and child abduction. INTERPOL Washington
is responding to an increasing number of international
referrals regarding criminal child exploitation investigations.
It is also responding to mounting requests to locate, identify
and support the apprehension of child predators. Through the I-
24/7 global police communications network, INTERPOL Washington
has a unique and effective way to track sex offenders and child
predators worldwide. This will continue to allow INTERPOL
Washington to assist in enforcement requirements outlined in
the Adam Walsh Act and other initiatives aimed at combating
child sexual exploitation and locating missing children.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
Appropriations, 2011.................................... $7,833,000
Budget estimate, 2012................................... 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 2011 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, 2011.................................... $162,844,000
Budget estimate, 2012................................... 166,221,000
Committee recommendation................................ 159,587,000
The Committee's recommendation provides $159,587,000 for
the Antitrust Division. The recommendation is $3,257,000 below
the fiscal year 2011 enacted level and $6,634,000 below the
budget request. This appropriation is offset by $108,000,000 in
pre-merger filing fee collections, resulting in a direct
appropriation of $51,587,000.
UNITED STATES ATTORNEYS
SALARIES AND EXPENSES
Appropriations, 2011.................................... $1,930,135,000
Budget estimate, 2012................................... 1,995,149,000
Committee recommendation................................ 1,891,532,000
The Committee's recommendation provides $1,891,532,000 for
the U.S. Attorneys' salaries and expenses. The recommendation
is $38,603,000 below the fiscal year 2011 enacted level and
$103,617,000 below the budget request.
As in past years, the Committee directs the U.S. Attorneys
[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
Executive Office of U.S. Attorneys [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. Not less
than $43,184,000 shall be available for this purpose in fiscal
year 2012.
Combating Financial Fraud.--Within funds provided, the
Committee encourages the USAs to continue prioritizing efforts
in the areas of mortgage fraud, bankruptcy, affirmative civil
enforcement and white collar crimes.
Human Trafficking.--The Committee directs the EOUSA, in
consultation with the USAs, to designate 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 will
improve 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 IPR enforcement to remain an investigative
and prosecutorial priority for Federal prosecutors. The
Department is directed to provide to the Committee a report on
the activities of its Assistant U.S. Attorneys dedicated to
investigating intellectual property crimes pursuant to and
authorized under section 402 of the Prioritizing Resources and
Organization for Intellectual Property [PRO-IP] Act (Public Law
110-403). Specifically, the report should demonstrate that the
20 new Federal prosecutors provided in Public Law 111-117 are
solely investigating and prosecuting violations of Federal
intellectual property law. This report shall be submitted no
later than 120 days after the enactment of this act.
UNITED STATES TRUSTEE SYSTEM FUND
Appropriations, 2011.................................... $218,811,000
Budget estimate, 2012................................... 234,115,000
Committee recommendation................................ 234,115,000
The Committee's recommendation provides $234,115,000 for
the U.S. Trustee System Fund. The recommendation is $15,304,000
above the fiscal year 2011 enacted level and equal to the
budget request. The appropriation is offset by $232,615,000 in
fee collections and $1,500,000 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 2012, the U.S.
Trustee Program will participate in an estimated 1.5 million
business and consumer bankruptcy case filings.
Debtor Audits.--The Committee's recommendation fully funds
the Department of Justice's request of $5,816,000 for debtor
audits.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
Appropriations, 2011.................................... $2,113,000
Budget estimate, 2012................................... 2,124,000
Committee recommendation................................ 2,071,000
The Committee's recommendation provides $2,071,000 for the
Foreign Claims Settlement Commission. The recommendation is
$42,000 below the fiscal year 2011 enacted level and $53,000
below 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, 2011.................................... $270,000,000
Budget estimate, 2012................................... 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 2011 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.
Expert Witnesses.--Within funds provided, the Committee
includes the requested $92,000,000 to respond to the increased
needs for expert witnesses among the litigating divisions and
the U.S. Attorneys' offices. These expenses have traditionally
been funded in part through existing balances; however, that
approach has strained the Department's budget for acquiring the
services of expert witnesses in recent years. Given the
substantial resources provided in 2012 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, 2011.................................... $11,456,000
Budget estimate, 2012................................... 12,967,000
Committee recommendation................................ 11,227,000
The Committee's recommendation provides $11,227,000 for the
Community Relations Service [CRS]. The recommendation is
$229,000 below the fiscal year 2011 enacted level and
$1,740,000 below the budget request.
Within the funds provided, the Committee supports the
budget request of $1,500,000 to handle an increase in workload
and responsibilities stemming from passage of the Matthew
Shepard and James Byrd, Jr., Hate Crimes Prevention Act (Public
Law 111-84). The Hate Crimes Protection Act 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 resources will maximize CRS' crisis response nationwide
and enable it to fulfill both its original mandate and expanded
mandate under the Hate Crimes Protection Act.
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.
ASSETS FORFEITURE FUND
Appropriations, 2011.................................... $20,948,000
Budget estimate, 2012................................... 20,990,000
Committee recommendation................................ 20,990,000
The Committee's recommendation provides $20,990,000 for the
Assets Forfeiture Fund [AFF]. The recommendation is $42,000
above the fiscal year 2011 enacted level and equal to the
budget request.
The Assets Forfeiture Fund 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
salaries and expenses
Appropriations, 2011.................................... $1,123,511,000
Budget estimate, 2012................................... 1,243,570,000
Committee recommendation................................ 1,101,041,000
The Committee's recommendation provides $1,101,041,000 for
the U.S. Marshals Service [USMS] salaries and expenses. The
recommendation is $22,470,000 below the fiscal year 2011
enacted level and $142,529,000 below 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.
Judicial and Courthouse Security.--At least 60 percent of
the U.S. Marshals Service's budget is designated supporting the
Federal judiciary process by providing physical security in
courthouses, protecting members of the judicial unit,
safeguarding witnesses, and transporting and producing
prisoners for court proceedings. Reductions under the fiscal
year 2011 funding level will force USMS to re-prioritize the
protective services for the judiciary, which could have a
significant impact on offsite judicial security, and limit the
ability of the USMS to respond to and mitigate threats in a
timely manner.
The Committee expects USMS to include in its 2012 spend
plan a strategy for how it will approach mandatory protective
services, as well how it will respond to critical law
enforcement requirements and congressional mandates to address
violent crime reduction, enforce the Adam Walsh Act, and combat
Southwest border violence. To help remedy the expected
shortfall, the Committee encourages the USMS to continue
exploring and utilizing new technological capabilities, such as
electronic surveillance, in order to further ensure the fair
and efficient administration of justice.
Immigration Enforcement.--The Committee strongly supports
the U.S. Marshals Service's efforts on illegal immigration
enforcement. The flow of human trafficking and narcotics into
the United States, along with smuggling of illegal firearms and
criminal profits out of the United States, has had a
devastating effect on the country, as well as Canada and
Mexico.
Sexual Offender Apprehension.--The Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) gives
the U.S. Marshals Service the authority to treat as fugitives
convicted sex offenders who fail to register. It also directs
the Marshals to assist jurisdictions in locating and
apprehending these individuals. There are roughly 135,000 non-
compliant offenders in the United States.
To date, the USMS has hired 170 new deputy marshals to
assist States in locating and apprehending sex offenders who
violate sex offender registration requirements. However, the
U.S. Marshals Service estimates it needs a dedicated force of
at least 500 deputy marshals to expand Adam Walsh enforcement
activities in districts across the country. The Committee urges
the Department of Justice to submit a reprogramming request in
2012 that would reallocate funds from lower priority programs
across the Department to enable the Marshals Service to enhance
its Adam Walsh enforcement mission.
This funding will also continue support for the National
Sex Offender Targeting Center, improve the agency's information
technology backbone, and reinforce the agency's infrastructure
so that deputy marshals have timely, accurate investigative
information to track down and arrest those who prey on our
Nation's children.
Regional Fugitive Task Forces.--The Committee strongly
supports the U.S. Marshals Service's Regional Fugitive Task
Forces [RFTFs], which are effective partnerships with other
Federal, State, and local law enforcement agencies to apprehend
violent fugitives, including violent sex offenders. The
Committee encourages the USMS to continue providing resources
to enhance the seven existing task forces and establish new
task force capabilities in areas of the United States not
currently served by RFTFs.
CONSTRUCTION
Appropriations, 2011.................................... $16,592,000
Budget estimate, 2012................................... 15,625,000
Committee recommendation................................ 12,000,000
The Committee's recommendation provides $12,000,000 for
construction in space controlled, occupied, or utilized by the
USMS in United States courthouses and Federal 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. As in prior
years, the Committee's intent is to provide for construction
activity to support the mission of the USMS in protection of
the Federal judiciary and other law enforcement activities.
National Security Division
SALARIES AND EXPENSES
Appropriations, 2011.................................... $87,762,000
Budget estimate, 2012................................... 87,882,000
Committee recommendation................................ 86,007,000
The Committee's recommendation provides $86,007,000 for the
National Security Division [NSD]. The recommendation is
$1,755,000 below the fiscal year 2011 enacted level and
$1,875,000 below 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 FBI, 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, 2011.................................... $527,512,000
Budget estimate, 2012................................... 540,966,000
Committee recommendation................................ 516,962,000
The Committee's recommendation provides $516,962,000 for
Interagency Crime and Drug Enforcement. The recommendation is
$10,550,000 below the fiscal year 2011 enacted level and
$24,004,000 below 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 is
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, 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.
Regrettably, OCDETF will be forced to scale back the number
of high-priority drug investigations and initiatives it
supports, such as Mexican and Columbian fugitive apprehension
teams; co-located, collaborative strike forces of ATF, FBI,
Marshals, and DEA agents; intelligence capacity; Southwest
border investigative and prosecutorial activities; and OCDETF
title III wiretap requests.
Strike Force Personnel.--The Committee encourages OCDETF to
prioritize, within funds appropriated, the continuation of
support for Assistant U.S. Attorney positions and co-located
Strike Forces launched originally with supplemental funding in
fiscal year 2010. OCDETF shall submit a report showing the
distribution of personnel in fiscal years 2010 and 2011, and
planned for fiscal year 2012, to each of the co-located Strike
Forces. This report shall be submitted to the Committee no
later than 60 days after the enactment of this act.
Federal Bureau of Investigation
SALARIES AND EXPENSES
Appropriations, 2011.................................... $7,819,155,000
Budget estimate, 2012................................... 7,994,991,000
Committee recommendation................................ 7,785,000,000
The Committee's recommendation provides $7,785,000,000 for
the Federal Bureau of Investigation [FBI] salaries and
expenses. The recommendation is $34,155,000 below the fiscal
year 2011 enacted level and $209,991,000 below 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.
Surveillance.--The FBI's surveillance program provides
critical surveillance and mobility capabilities for national
security and criminal investigations. The Committee is
concerned that substantial gaps continue to exist within the
surveillance program that could undermine FBI's efforts to
protect our Nation from terrorists and criminals. Therefore,
the Committee provides the full budget request of an additional
$12,466,000, for a total $54,178,000, to hire additional
personnel to help address these gaps. The Committee directs
that no less than 75 percent of these additional funds shall be
spent on Special Surveillance Groups.
Computer Intrusions.--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 $166,486,000 for this effort, $18,628,000
above the fiscal year 2011 enacted level, which includes an
additional 42 positions, including 14 special agents to further
the FBI's investigatory, intelligence gathering, and
technological capabilities. Within the increase provided, the
Committee recommends the request for the Comprehensive National
Cybersecurity Initiative [CNCI] to increase coverage of cyber-
terrorist threats. This will allow the FBI to hire five
additional special agents and professional support staff to
transform the National Cyber Investigative Joint Task Force
[NCIJTF] from an 8 by 5 operation into a 24 by 7 operation. As
one of the six cybersecurity centers identified under the CNCI,
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 ever 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 use, 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 increase 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.
The need for such training stems from the April 2011 DOJ
OIG's report entitled ``The Federal Bureau of Investigation's
Ability to Address the National Security Cyber Intrusion
Threat.'' This report raised concerns that 36 percent of FBI
field agents assigned to national security-related cyber
investigations lacked the expertise, including in networking
and counterintelligence, needed to investigate these types of
cases and identify those responsible for intrusions.
Cyber Threats from Eastern Europe.--The Committee
encourages the FBI to expand its integration of FBI cyber
agents into eastern European police services. The FBI should
focus its resources on the emerging locus of cyber crime and
help augment the authorities of those nations that need the
most support to combat cyber crime.
Render Safe.--The FBI is responsible for the Nation's
Render Safe mission, which involves dismantling a weapon of
mass destruction [WMD] device on U.S. soil. The FBI's fiscal
year 2012 budget request includes $35,756,000 to purchase two
specially-configured aircraft to carry out the Render Safe
mission; however, this Committee provided the FBI with the
authority to use existing funds to procure these aircraft in
the approval of the 2011 operating plan. The Committee
continues to support the purchase of these planes, and
therefore directs the FBI, within 60 days of enactment of this
act, to provide a report detailing the plan for Render Safe
procurement, including any plans to extend current leases of
aircraft.
Sentinel.--The Committee has followed closely the
development of Sentinel, the FBI's information and
investigation case management system, and remains
understandably concerned about Sentinel's development. Contract
work was stopped last year when the determination was made that
the desired functionalities could not be delivered within the
existing budget, which resulted in the FBI bringing management
of the program in-house and adopting a new program management
approach.
The FBI asserts that the problems with the Sentinel project
are contained, the project will finish late but within budget,
and the product delivered through the end of Phase 2 largely
reflects what was expected under the program plan. Outside
sources seem to agree unanimously that each of these
contentions is overly optimistic. Relatively little was
achieved, in terms of delivered benefits to end users, through
Phases 1 and 2, even though more than 90 percent of the project
budget was consumed. The Committee remains skeptical that all
of Phases 3 and 4 can still be achieved with so little
remaining funding unless major corners are cut in either
execution or function.
Despite these concerns, the FBI has persisted in committing
itself to completing the project within its $451,000,000
budget, and the Committee holds the Bureau to that commitment.
Consequently, the FBI is prohibited from spending anything in
excess of the $451,000,000 total without first providing
notification to the Committee, even if a funding source is
available that would not otherwise trigger Section 505
notification requirements.
To manage the completion of Sentinel, the FBI shall develop
a Work Breakdown Structure [WBS] that complies with guidance
provided in GAO-09-3SP: Best Practices for Developing and
Managing Capital Program Costs. The product-based WBS shall
contain the capabilities that complete Sentinel as identified
by the DOJ OIG in its 11-01 report (October, 2010). The
structure of the Sentinel Completion WBS shall include
components for (1) Phase 3 Capabilities, (2) Phase 4
Capabilities and (3) Deferred Capabilities. The FBI shall
elaborate on each of the three WBS components to itemize the
planned or deferred functionality that will complete Sentinel.
The FBI shall also configure its Earned Value Management
System to report progress on the itemized functionality
associated with each component.
In addition, the bill contains language under section 220
requiring the Attorney General to report to the Committee a
cost and schedule estimate for the final operating capability
of the Sentinel program, and a detailed list of the
functionalities included in the final operating capability.
This report will be submitted concurrently to the Department's
OIG for review and comment.
Workforce Distribution.--The Committee notes that the FBI's
staffing levels have increased since 2001 and will increase
again in fiscal year 2012. While the FBI has undergone a major
reorganization of its mission priorities, the Committee remains
concerned that the Bureau has not adequately considered the
proper distribution of its staffing to field offices around the
country. As a result, staffing levels continue to vary
dramatically from State to State, with regard to both the
population of a State and the threats that exist within that
State. As the FBI considers the distribution of new agents
across the United States, the Committee encourages the FBI to
also consider the allocation of agents to field offices that
could alleviate disparities in the number of personnel between
field offices.
National Security Threats.--The Committee recommends the
full request to support the FBI's critical national security
efforts to conduct investigations to prevent, disrupt and deter
acts of terrorism, and to continue to strengthen working
relationships with other Federal, State and local partners. The
Committee recommendation includes $274,918,000 in base funding
and $40,854,000 in enhancements for national security
initiatives to increase efforts within FBI field offices to
develop and strengthen surveillance resources, intelligence
analysis, Legal Attache resources, and working partnerships
with Federal, State and local agencies.
Criminal Justice Information Services Division.--The
Committee's recommendation provides $644,742,000 including fee
collections for the Criminal Justice Information Services
Division [CJIS], including $293,899,000 in appropriated funds
and $350,843,000 in user fees.
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 increase 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 directs that, from within available funds,
$1,500,000 be allocated for agents and associated support
personnel at FBI headquarters.
Civil Rights Enforcement.--Civil rights investigations are
a top criminal investigative priority for the FBI. The
Committee recognizes the FBI as the lead agency responsible for
the investigation of violations of Federal civil rights laws,
and encourages the FBI to continue its support for the civil
rights program. The Committee expects these funds to be used
for investigation of human trafficking, hate crimes, and cases
pursued under the Emmett Till Unsolved Civil Right Act.
Critical Infrastructure.--The Committee supports the FBI's
continuing efforts to address shortfalls in its information
technology [IT] infrastructure, enhance laboratory
capabilities, and bolster the FBI's intelligence program. For
several years, the Committee has been concerned that
insufficient operations, practices and substandard maintenance
could result in systems failures and lead to the unavailability
of time-sensitive data to agents in the field. The Committee
urges the Department of Justice to include in future budget
requests the appropriate resources to maintain and operate its
critical facilities and physical infrastructure at the highest
standard, consistent with industry best practices, to ensure
that these systems can perform critical functions for the FBI.
Intellectual Property Rights [IPR] Enforcement.--The
Committee expects IPR enforcement to remain an investigative
priority at the Bureau. In order to maximize the effectiveness
of IPR enforcement, the FBI should make all necessary efforts
to coordinate and cooperate with IPR units at U.S. Attorneys'
offices and the Criminal Division. In addition, the Committee
directs the FBI to submit a report on the activities of its
dedicated agents investigating IPR cases. Specifically, the
report should demonstrate that the 51 agents devoted to
investigating intellectual property crimes provided in Public
Laws 111-8 and 111-117 are solely investigating and prosecuting
violations of Federal intellectual property law. The report
shall also provide an accounting of the agents placed in field
offices with Computer Hacking and Intellectual Property [CHIP]
units and the types of intellectual property investigations
pursued by these agents. 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
encourages the FBI to maintain at least minimum base funding of
$68,856,000 for the Innocent Images National Initiative, which
allows the FBI to target and investigate sexual predators on
the Internet. The Committee has provided this funding to
address the critical requirements for Federal law enforcement
in attacking the problem of 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
continue to grow, the Committee expects that future budget
requests for the FBI will include adequate resources dedicated
to investigate child predators who prey on children online.
Sexual predators use the Internet as their weapon of choice
to target children because children are increasingly online and
are therefore more vulnerable. The Innocent Images program
allows the FBI to target and investigate sexual predators on
the Internet. The Innocent Images workload has increased
dramatically, from 113 cases opened in 1996 to over 2,500 cases
currently open--a 2,000 percent increase.
Innocence Lost Initiative.--Every day children are being
recruited and forced into child prostitution. In the United
States alone, an estimated 300,000 children are currently at
risk of being forced into prostitution, with the average age of
new child prostitutes being 13 years old. To address this
horrific crime, in 2003 the FBI, in conjunction with the
Department of Justice Child Exploitation and Obscenity Section
and the National Center for Missing and Exploited Children,
launched the Innocence Lost National Initiative. Their combined
efforts are aimed at addressing the growing problem of domestic
sex trafficking of children in the United States. These efforts
have rescued over 1,100 children, and led to the conviction of
more than 500 child exploiters. The Committee applauds these
efforts and encourages the FBI to continue dedicating robust
resources for the Innocence Lost Initiative.
Mortgage Fraud.--The sub-prime mortgage crisis continues to
threaten the Nation's economic security. Suspicious Activity
Reports [SARS] filed by various financial institutions
increased 917 percent in the last 7 years alone, and show no
signs of decreasing. This increase in mortgage fraud activity
is greatly straining the FBI's white-collar crime investigative
capabilities. The Committee encourages the FBI to continue
dedicating necessary resources to conduct mortgage fraud
investigations.
Investigations Into Severe Forms of Trafficking in
Persons.--Within funds provided, the Committee expects 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.
Gang Enforcement.--The Department of Justice estimates that
there are roughly 1 million gang members in 30,000 gangs in all
50 States and the District of Columbia. With gang membership
rising, local law enforcement needs a strong partnership with
Federal Government. Currently, there are 163 Safe Streets
Violent Gang Task Forces. These partnerships allow FBI agents
and State and local law enforcement to work as teams to fight
street crime. The Committee directs the FBI to continue
supporting its Safe Streets Task Force program.
Federal-State Anti-terrorism Activities.--Joint Terrorism
Task Forces [JTTFs] are teams of Federal and State law
enforcement working together to identify and respond to
terrorist threats at the local level. There are now more than
100 JTTFs led by the FBI. The JTTFs' focus is on maximizing
interagency cooperation and coordination by employing cohesive
units of full- and part-time Federal, State and local officers
who are capable of addressing a wide range of terrorism
matters. Local and State police rely on the FBI for
information, guidance, leadership, and training, as well as for
critical intelligence information about threats to our country.
The Committee urges the FBI to support the JTTF program.
Combating Border Violence.--The Committee urges the FBI to
increase its ongoing cooperation with U.S. Customs and Border
Protection [CBP] and U.S. Immigration and Customs Enforcement
[ICE] to combat and address any signs of increased drug
trafficking organization violence which may be occurring in
U.S. border and other communities. While the FBI's May 23,
2011, preliminary report on annual crime statistics for 2010
indicates that reports of violent crime and property crime
appear to be down in California and Arizona border towns,
reports of violent crime have ticked upwards slightly in Texas.
It is important that Federal law enforcement maintain a strong
presence on the border in support of State and local law
enforcement to immediately respond to any changes in the levels
of violence. The Committee directs the FBI, jointly with CBP
and ICE, to brief the Appropriations Subcommittees on Commerce,
Justice, and Science and Homeland Security at least
semiannually on the situation on the border and its impact on
border communities.
CONSTRUCTION
Appropriations, 2011.................................... $107,095,000
Budget estimate, 2012................................... 80,982,000
Committee recommendation................................ 75,000,000
The Committee's recommendation provides $75,000,000 for
Federal Bureau of Investigation [FBI] construction. The
recommendation is $32,095,000 below the fiscal year 2011
funding level and $5,982,000 below the budget request.
Terrorist Explosive Device Analytical Center [TEDAC].--The
Committee is dismayed that $93,000,000 in funds previously
appropriated by the Congress for the construction of TEDAC
continues to be a target of budget cuts. Not only is this
action short-sighted given that TEDAC's groundbreaking 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 use of explosives.
The Committee believes efforts to cancel TEDAC funding are
unwise and ill-timed, and could leave the American public
unprepared and unprotected--an unacceptable outcome. The FBI
has lost nearly 2 years in building an explosives intelligence
capability that our Nation needs--a capability that is
recognized in presidential decision directives and threat
assessments, and by the FBI Director and the military,
intelligence and homeland security agencies working this threat
on a daily basis. Therefore, the Committee continues to reject
this proposed rescission and directs the FBI to obligate the
funds to complete this critical national security tool.
Drug Enforcement Administration
SALARIES AND EXPENSES
Appropriations, 2011.................................... $2,267,433,000
Budget estimate, 2012................................... 2,354,114,000
Committee recommendation................................ 2,222,084,000
The Committee's recommendation provides total resources of
$2,222,084,000 for the Drug Enforcement Administration [DEA],
of which $322,000,000 is derived from DEA's Drug Diversion
Control Fee Account. The recommendation is $45,349,000 below
the fiscal year 2011 enacted level and $132,030,000 below 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 $322,000,000 is
provided for the Diversion Control Program, which is an
increase of $70,210,000 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.
Sensitive Investigative Units.--The DEA's Sensitive
Investigative Unit program provides funding for vetted units
with trusted foreign counterparts in Mexico, Afghanistan and
throughout the world. In Central America, Sensitive
Investigative Units operate currently only in Panama and
Guatemala. Given the deteriorating security environment in
Central America, the Committee believes funding should be
provided for these units throughout the region. The Committee
encourages DEA to expand this program to the remaining five
countries in Central America.
Mobile Enforcement Teams.--The recommendation adopts the
proposal in the President's budget to terminate the Mobile
Enforcement Teams [MET] program.
CONSTRUCTION
Appropriations, 2011....................................................
Budget Request, 2011.................................... $10,000,000
Committee recommendation................................ 10,000,000
This appropriation provides funds for the construction of
DEA facilities and related activities. For fiscal year 2012,
the Committee recommends $10,000,000, which is equal to the
budget request.
El Paso Intelligence Center [EPIC].--EPIC is a national
tactical intelligence center that supports law enforcement
efforts throughout the United States, Mexico and the rest of
the Western Hemisphere, and is DEA's long-standing and most
important intelligence sharing organization focusing on the
Southwest Border. Much of EPIC's success stems from its strong
partnerships forged among the more than 20 Federal, State, and
local agencies represented at the Center, as well as
representatives from foreign police organizations in Mexico and
Colombia. Through its 24-hour Watch function, EPIC collects,
analyzes and disseminates tactical intelligence for over 19,000
Federal, State and local law enforcement agents, investigators,
and analysts at all levels of government, which they can use in
investigations and operations to target Southwest Border
smuggling and other violent and criminal activities.
The high demand in the interagency community for space
within EPIC clearly demonstrates the value it provides to DEA
and its law enforcement and intelligence partners. EPIC is
literally bursting at the seams and has requests from
additional law enforcement and intelligence agencies for
additional space and capabilities to house more personnel
throughout fiscal years 2011 and 2012. In addition, the
numerous investments made in EPIC over the past several decades
and its strong reputation among Federal, State, local, and
foreign partners make EPIC a natural choice for continued
expansion as law enforcement entities seek to further
consolidate and coordinate their interdiction, intelligence,
and investigative activities focused on the Southwest Border
region. The Committee supports making upgrades to EPIC's
infrastructure to accommodate the expected and necessary
growth. Therefore, the recommended level provides $10,000,000
for costs related to the renovation of the existing EPIC
facility and architectural/engineering services for the planned
expansion of the building.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
Appropriations, 2011.................................... $1,112,542,000
Budget estimate, 2012................................... 1,147,295,000
Committee recommendation................................ 1,090,292,000
The Committee's recommendation provides $1,090,292,000 for
the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF].
The recommendation is $22,250,000 below the fiscal year 2011
enacted level and $57,003,000 below 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 varied efforts to combat weapon
trafficking on the border. While the Committee is concerned by
allegations that ATF may have mismanaged a U.S.-Mexico border
operation known as Fast and Furious, the Committee believes
that the Justice Department's Office of Inspector General, to
which the investigation of this matter has been referred by the
Attorney General, will fulfill its oversight duties by
conducting a thorough investigation. The Committee also notes
that Fast and Furious is but a small part of ATF's extensive
operations along the Southwest border and should not detract
from the Bureau's efforts to protect Americans from illegal
firearms trafficking, gun violence, and parallel drug and human
trafficking across the U.S.-Mexico border and into the Nation's
interior.
Beginning in fiscal year 2012 and thereafter, the ATF shall
provide the Committee with annual data on the number of
firearms recovered by the Government of Mexico and traced
through ATF that were manufactured in or imported into the
United States prior to being recovered in Mexico. Additionally,
beginning in fiscal year 2012 and thereafter, the ATF shall
provide the Committee with annual data on the total number of
firearms recovered by the Government of Mexico and traced
through ATF.
Violent Crime Impact Teams.--The Committee continues to
support the ATF's Violent Crime Impact Team [VCIT] initiative
to 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.
Conversion of Records.--The Committee recognizes the need
for ATF to complete the conversion of tens of thousands of
existing Federal firearms dealer out-of-business records from
film to digital images at the ATF National Tracing Center
[NTC]. Once the out-of-business records are fully converted,
search time for these records will be reduced significantly.
The Committee urges the ATF to continue the conversion and
integration of these records.
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. The Committee believes ATF
should move expeditiously to ensure that ballistic-imaging
technology is routinely refreshed, upgraded, and deployed to
State and local law enforcement. The Committee urges ATF to
prioritize the upgrading and replacement of aging ballistic
imaging equipment in its fiscal year 2012 operating plan and in
future budget requests. ATF should ensure upgrades and
replacements maximize and protect the resources invested by
State and local law enforcement.
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. The Committee recognizes the state-of-the-art
facilities housed at NCETR, having invested considerable
resources between fiscal years 2004 and 2011 to that effort,
and believes that the administration should provide sufficient
resources for the Center to fulfill its mission, as initially
envisioned. Furthermore, the Committee believes that several
options to further interagency collaboration and training exist
and merit exploration. Therefore, the Committee requests that
the Department of Justice produce, not later than 120 days
after enactment of this bill, an NCETR Five-Year Plan that will
describe the following: the mission of the facility with
respect to research, training, and intelligence; the personnel
and budgetary authority required to execute that mission;
national, State, and local initiatives to maximize training
throughput at NCETR; and opportunities for interagency
collaboration on research and intelligence efforts using the
NCETR facility.
Federal Prison System
The Committee recommendation provides a total of
$6,682,481,000 for the Federal Prison System, or the Bureau of
Prisons [BOP]. The recommendation is $298,414,000 above the
fiscal year 2011 enacted level and $143,879,000 below the
budget request.
SALARIES AND EXPENSES
Appropriations, 2011.................................... $6,282,410,000
Budget estimate, 2012................................... 6,724,266,000
Committee recommendation................................ 6,589,781,000
The Committee's recommendation provides $6,589,781,000 for
BOP salaries and expenses. The recommendation is $307,371,000
above the fiscal year 2011 enacted level and $134,485,000 below
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............................... 2,344,828
Institution Security and Administration................ 2,988,565
Contract Confinement................................... 1,034,195
Management and Administration.......................... 222,193
----------------
Total............................................ 6,589,781
------------------------------------------------------------------------
The Committee has made great sacrifices to fund BOP
salaries and expenses as close to the President's request as
possible at the expense of nearly all other components within
the Department of Justice. 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. That means 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 222,000 by the end of fiscal
year 2012. BOP estimates that its inmate population will
increase by at least 5,800 net new inmates per year for 2011
and 2012. Correspondingly, BOP facilities are operating at 37
percent above noted capacity systemwide. What is more
distressing is that the high-security inmate population
overcrowding rate is at 51 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 took in fiscal years 2009,
2010 and 2011 to address BOP's understaffing problem, the
Committee provides an increase of at least $232,700,000 over
fiscal year 2011, to fill 274 vacant correctional worker
positions to safely manage the growing inmate population at 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.
Solutions to Inmate Overcrowding.--The Committee recognizes
that BOP is looking for ways to maximize costs savings and
sentence reduction opportunities, where they have a neutral or
positive impact on public safety. On the heels of the 2012
budget release, the administration transmitted legislative
proposals to amend the statues governing Federal inmate good
conduct time credit. The Committee's recommendation does not
include these proposals, as they are matters that should be
examined, debated and decided on by the authorizing committees
of jurisdiction, rather than inserted into appropriations
bills.
However, the Committee is gravely concerned that the
current upward trend in prison inmate population is
unsustainable and, if unchecked, will eventually engulf the
Justice Department's budgetary resources. The Committee notes
that the Bureau possesses authorities through its operational
discretion under 18 U.S.C section 3624 to, among other
authorities, maximize the reentry time prisoners spend in
residential reentry centers as well as home confinement; use
its direct designation authority under 18 U.S.C. section
3621(b); expand the criteria for and use of compassionate
release under 18 U.S.C. section 3582(c)(1)(A); and expand the
use of the Residential Drug Abuse Program by removing barriers
to full use of the program.
Inmate Care and Programs.--This activity covers the costs
of all food, medical supplies, clothing, welfare services,
release clothing, transportation, staff salaries (including
salaries of Health Resources and Services Administration
commissioned officers), and operational costs of functions
directly related to providing inmate care. This decision unit
also finances the costs of education and vocational training,
drug treatment, religious programs, psychological services, and
other inmate programs.
Institution Security and Administration.--This activity
covers costs associated with the maintenance of facilities and
institution security. This activity finances institution
maintenance, motor pool operations, powerhouse operations,
institution security and other administrative functions.
Finally, this activity covers costs associated with regional
and central office executive direction and management support
functions such as research and evaluation, systems support,
financial management, budget functions, safety, and legal
counsel.
Contract Confinement.--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 provides funds
to activate prisons constructed by BOP that currently sit empty
or partially empty due to prior year budget constraints. 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.
Employee Retaliation.--The Committee is concerned by recent
reports published by the Equal Employment Opportunity
Commission [EEOC] that found widespread and highest fear of
retaliation among BOP employees in the Federal workforce.
Between 2003 and 2006, BOP employees filed unusually large
numbers of complaints with EEOC that alleged retaliation and
harassment as the most common form of discrimination in the
workplace. An average 61 percent of BOP's equal employment
opportunity [EEO] complaints contained retaliation allegations,
compared to an average 40 percent Governmentwide. In addition,
reports revealed that BOP employees who engage in the EEO
process or report discrimination face even further harassment
by their supervisors and colleagues.
The BOP's response to these reports has been tepid at best.
The Committee will not tolerate such a lax approach to
protecting BOP employees from harassment, as no one should fear
retaliation in the workplace. The Committee demands that BOP
implement fully the recommendations included in the EEOC's
November 2010 Final Program Evaluation Report for the Federal
Bureau of Prisons. The Bureau will certify to the Committee
that it has implemented and met the EEOC's recommendations, and
will submit a report concurrently to the Department's Office of
Inspector General for review and comment.
BUILDINGS AND FACILITIES
Appropriations, 2011.................................... $98,957,000
Budget estimate, 2012................................... 99,394,000
Committee recommendation................................ 90,000,000
The Committee's recommendation provides $90,000,000 for the
construction, modernization, maintenance, and repair of prison
and detention facilities housing Federal prisoners. The
recommendation is $8,957,000 below the fiscal year 2011 enacted
level and $9,394,000 below the budget request.
The Committee recommendation provides for $66,965,000 for
modernization and repairs.
The Committee includes bill language 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 three new
prisons in 2015 and four new prisons beginning in 2016, it will
be unable to maintain that schedule without significant new
construction appropriation requests for fiscal years 2012 and
2013. 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 resume providing to the Committee,
within 30 days of enactment of this act, 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, 2011.................................... $2,700,000
Budget estimate, 2012................................... 2,700,000
Committee recommendation................................ 2,700,000
The Committee 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
2011 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. Particularly in addressing the
pressing issue of children exposed to violence, the Committee
strongly encourages OVW, OJP, and COPS to continue and improve
upon their collaborative efforts, where possible, in order to
avoid duplication of effort and to make the best possible use
of their appropriations.
Through its many programs, especially the high-profile
Byrne Justice Assistance Grants program, OJP's Bureau of
Justice Assistance [BJA] plays a critical role in supporting
State, local, and tribal criminal justice systems by dedicating
Federal resources to address pressing and emerging criminal
justice issues. The Committee strongly encourages BJA, where
possible, to target resources strategically toward reducing,
controlling, and preventing crime, drug abuse, and gang
activity in high-crime neighborhoods by supporting
collaborative partnerships between law enforcement agencies and
community-based organizations that balance and coordinate
targeted law enforcement effectively with prevention,
intervention, and neighborhood restoration services.
In an era of scarce resources, it is particularly important
to ``work smarter'' through evidence-based projects of proven
effectiveness, innovation, targeted training and technical
assistance, and multi-disciplinary collaboration, so as to
maximize the result for each dollar spent. For this reason, the
Committee believes OJP should redouble its emphasis, where
possible, on collaborative multi-disciplinary efforts, firm
evidence-based approaches, and capacity-building on the State,
local, and tribal levels. Collaborative efforts that spread
knowledge and encourage innovation across multiple
jurisdictions are particularly encouraged.
Through BJA, OJP performs a vital function in supporting
and improving State, local, and tribal efforts to reduce
criminal recidivism and provide effective alternatives to
incarceration. Where possible, BJA should devote resources to
continue and further its work in this important area, including
through innovative projects and activities such as Project
HOPE.
Salaries and Expenses.--All activities related to the
management and administration of discretionary grant programs,
grants and cooperative agreements shall be supported only with
funding provided via the separate Salaries and Expenses [S&E]
appropriation provided in the bill for each grant office. OVW,
OJP, and COPS are directed to develop formal definitions of
management and administration costs or detailed guidance
governing decisions about the types of costs that may be
charged to each office's S&E account. In addition, each grant
office shall detail actual and projected S&E costs by program,
including personnel costs, as part of the budget submission for
future fiscal years.
Workload Analysis.--OVW, OJP and COPS are each directed to
conduct a workload analysis to ensure that their respective
staffing levels and mix of personnel accurately reflect
workload and need. Each office shall provide a report to the
Committee within 6 months of the date of enactment of this act
describing its updated staffing model based on the results of
its workload analysis. Within 6 months of the date on which the
offices submit their reports, GAO is directed to report to the
Committee, evaluating each office's staffing model and making
recommendations, as warranted, on how each office's staffing
model could be further improved.
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 2012 spending plan. As
part of the budget submission for fiscal year 2013 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.
Non-compliant 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 rules and procedures
across the three offices in order to produce the most
consistent possible compliance enforcement process possible.
Evidence-based Programs.--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.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
Appropriations, 2011.................................... $417,663,000
Budget estimate, 2012................................... 431,750,000
Committee recommendation................................ 417,663,000
The Committee's recommendation provides $417,663,000 for
Office on Violence Against Women [OVW] grants. The
recommendation is equal to the fiscal year 2011 enacted level
and $14,087,000 below the budget request. As in fiscal year
2011, the Office on Violence Against Women is funded as its own
heading under this title.
Domestic violence, sexual assault, dating violence and
stalking are crimes of epidemic proportions that impact
millions of individuals in every community in the United
States. For 17 years, Violence Against Women Act [VAWA]
programs have supported community efforts around the Nation to
effectively respond to domestic violence, sexual assault,
stalking, and dating violence. In the 109th session, Congress
unanimously passed a VAWA reauthorization to continue
successful programs and create targeted new programs to address
gaps in prevention services, housing, healthcare, criminal
justice, and employment issues, and meet the needs of youth,
native women, communities of color, and victims of sexual
violence. These programs are designed to meet specific needs
and create collaborations between distinct groups that can
leverage their expertise and resources to address different
aspects of domestic and sexual violence.
Domestic violence impacts one in four American women over
their lifetimes, and 15.5 million children are exposed to
domestic violence each year. Though the incidence of domestic
violence assaults and murders has steadily decreased, there is
an increase in demand for services due to improved criminal
justice response, heightened public awareness, and an increase
in victims' willingness to come forward.
Victims rely on services to escape violence and rebuild
their lives. When victims of domestic violence, sexual assault,
dating violence or stalking take the difficult step to reach
out for help, many are in life-threatening situations and must
be able to find immediate refuge. Given the dangerous and
potentially lethal nature of these crimes, the Committee's
funding recommendation reflects its belief that it is more
important than ever to increase investments in efficient, cost-
effective, proven programs that save lives and prevent future
violence.
The table below displays the Committee recommendations for
the programs under this office.
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
Program recommendation
------------------------------------------------------------------------
STOP Grants............................................ 194,000
Children Exposed to Violence Initiative............ (10,000)
National Institute of Justice--Research and Evaluation. 3,000
Transitional Housing Assistance........................ 25,000
Grants to Encourage Arrest............................. 45,913
Homicide Reduction Initiative...................... (5,000)
Rural Domestic Violence Assistance Grants.............. 34,000
Violence on College Campuses........................... 9,000
Civil Legal Assistance................................. 45,000
Sexual Assault Victims Services........................ 25,000
Elder Abuse Grant Program.............................. 4,000
Safe Havens Project.................................... 11,250
Education and Training for Disabled Female Victims..... 5,000
Court Training and Improvements........................ 4,000
Family Court Initiative............................ (1,000)
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............................................ 417,663
------------------------------------------------------------------------
STOP Grants.--Within the funds appropriated, $194,000,000
is for formula grants to the States. The fiscal year 2012
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 $10,030,000 above
the fiscal year 2011 enacted level and $10,000,000 below the
budget request, to fund directly the needs of sexual assault
victims.
One in 6 women and 1 in 33 men have experienced an
attempted or completed rape. More than one-half of all rapes of
women occur before they reach the age of 18. In 2007, an
estimated 250,000 people were raped or sexually assaulted;
however, only 42 percent of rape and sexual assault victims say
they reported the crime to the police.
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. The Committee
maintains its strong commitment to ensuring that these rape
crisis centers have access to technical assistance, training
and support. SASP will provide such assistance through sexual
assault coalitions located in every State, territory and within
a number of tribes.
Transitional Housing Assistance Grants.--The Committee
approves the approach taken by the administration to make
Transitional Housing Assistance an independent program under
OVW, where it will no longer have to compete directly against
STOP grants for resources. In addition, due 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 $7,036,000 over the fiscal year 2011 enacted
level and equal to the budget request.
Legal Assistance for Victims [LAV].--The Committee provides
the full budget request of $45,000,000 to support victims'
access to civil legal remedies, including civil protection
orders, child support and custody, and housing and public
benefits assistance. LAV is the only Federal program designed
to meet all of these needs; therefore, demand for these
services is high and LAV is one of OVW's most competitive
programs. Based on these factors, the Committee's
recommendation is $4,082,000 above the fiscal year 2011 enacted
level.
Consolidated Youth-Oriented Program.--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. Additionally, it seeks to engage men and youth to
work as allies to end violence against women and girls. 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
$5,000,000 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.
SALARIES AND EXPENSES
Appropriations, 2011\1\................................. $21,006,000
Budget estimate, 2012\1\................................ 23,148,000
Committee recommendation................................ 20,580,000
\1\In the fiscal year 2011 enacted act, funds for the management and
administration of programs at OVW, OJP, and COPS were provided within a
joint Salaries and Expenses appropriation. The OVW portion of this joint
appropriation was $21,006,000, between direct appropriations and
approved reprogramming of funds, in fiscal year 2011 and $23,148,000 in
the fiscal year 2012 request.
This appropriation supports all activities related to the
management and administration of OVW grant programs, grants and
cooperative agreements, including peer review. For fiscal year
2012, the Committee recommends $20,580,000, which is $2,568,000
below the equivalent amount requested under the joint salaries
and expenses appropriation and $426,000 below the fiscal year
2011 enacted level.
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 $1,632,370,000 for OJP,
which is $286,285,000 below the budget request and $65,510,000
below the fiscal year 2011 enacted level. For fiscal year 2012,
the Committee has established a ``Research, Evaluation and
Statistics'' appropriation to replace the ``Justice
Assistance'' appropriation and created a separate Salaries and
Expenses appropriation for OJP.
Six years ago, DOJ was responsible for administering
approximately 72 grant accounts. Today, more than 120 grants
are administered by the Department. While the intent of these
grant programs are noble, the Committee is concerned that the
perpetual authorization and proposal for new grants, while not
de-authorizing or omitting redundant and archaic ones, has
become unmanageable. 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.
RESEARCH, EVALUATION, AND STATISTICS
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2011.................................... $234,530,000
Budget estimate, 2012................................... 178,500,000
Committee recommendation................................ 121,000,000
The Committee's recommendation provides $121,000,000 for
the Research, Evaluation, and Statistics account, formerly
known as the Justice Assistance account. The recommendation is
$113,530,000 below the fiscal year 2011 enacted level and
$57,500,000 below the budget request.
These programs provide support to State and local law
enforcement. 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......................... 45,000
National Crime Victimization Survey [NCVS]....... (26,000)
Redesign Work for the NCVS....................... (10,000)
Indian Country Statistics........................ (500)
National Institute of Justice........................ 40,000
DNA/Forensics Transfer to NIST/OLES.............. (5,000)
Evaluation Clearinghouse............................. 1,000
Regional Information Sharing Activities.............. 35,000
------------------
TOTAL.......................................... 121,000
------------------------------------------------------------------------
National Institute of Justice [NIJ].--The Committee's
recommendation provides $40,000,000 for the NIJ. NIJ's mission
is to advance scientific research, development and evaluation
to advance the administration of justice and public safety. The
Committee expects NIJ to carry out the new initiatives proposed
in fiscal year 2012 to the extent possible within the funds
provided, which includes the following areas: maximizing the
value of forensic evidence; establishing the effectiveness of
criminal justice diversion methods and strategies; eliminating
rape kit backlogs (pilots); Indian country crime and
victimization research; improving prescription drug monitoring;
improving inmate re-entry; improving risk-based decision-making
in the criminal justice system; and establishing better
understanding of the risk-based factors leading to domestic
radicalization and related acts of violence/terrorism, among
others. The Committee directs that, prior to the obligation of
any funds, NIJ submit a spend plan on how resources will be
allocated.
DNA and Forensics Research and Evaluation.--The fiscal year
2012 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.
Evaluation Clearinghouse.--The Committee's recommendation
includes $1,000,000 for an Evaluation Clearinghouse/What Works
Repository, an online source for evidence-based information on
what works and what is promising in criminal and juvenile
justice policy and practice, to be administered by the Office
of the Assistant Attorney General.
Regional Information Sharing Activities.--The Committee
recommends $35,000,000 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.
Collaboration Among State Corrections, Alcohol and Drug
Abuse, and Mental Health Program Directors.--The conferees
encourage 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].
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2011.................................... $1,117,845,000
Budget estimate, 2012................................... 1,173,500,000
Committee recommendation................................ 1,063,498,000
The Committee's recommendation provides $1,063,498,000 for
State and local law enforcement assistance. The recommendation
is $54,347,000 below the fiscal year 2011 enacted level, and
$110,002,000 below the budget request.
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............. 395,000
SLATT Intelligence State and Local Training...... (3,000)
State and Local Assistance Help Desk and (4,000)
Diagnostic Center...............................
Smart Probation.................................. (5,000)
VALOR Initiative................................. (3,000)
State Criminal Alien Assistance Program.............. 273,000
Border Prosecution Initiatives....................... 20,000
Byrne Competitive Grants............................. 21,000
Victims of Trafficking Grants........................ 10,500
Drug Courts.......................................... 35,000
Mental Health Courts................................. 9,000
Residential Substance Abuse Treatment for State 10,000
Prisoners...........................................
Capital Litigation................................... 4,000
Economic, High-tech and Cybercrime Prevention........ 10,000
John R. Justice Grant Program........................ 5,000
Adam Walsh Act Implementation........................ 23,000
Children Exposed to Violence Initiative.............. 10,000
Byrne Criminal Justice Innovation Program............ 20,000
Bulletproof Vests Partnerships....................... 24,850
NIST/OLES........................................ (1,500)
National Sex Offender Website........................ 1,000
Violent Gang and Gun Crime Reduction................. 10,000
National Instant Criminal Background Check System 10,000
[NICS]..............................................
Criminal Records Upgrade............................. 8,000
Paul Coverdell Forensic Science...................... 15,000
DNA Analysis Backlog Reduction/Crime Labs............ 131,000
Debbie Smith DNA Backlog grants.................. (123,000)
Kirk Bloodsworth Post-Conviction DNA Testing (4,000)
grants..........................................
Sexual Assault Nurse Examiners................... (4,000)
Court-Appointed Special Advocates [CASA]............. 2,500
Training for Judicial Personnel...................... 1,500
National Forum on Youth Violence Prevention.......... 3,000
General State and Local Assistance................... 11,148
------------------
Total.......................................... 1,063,498
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommends $395,000,000 for Edward Byrne Memorial
Justice Assistance Grants (Byrne-JAG). Funding is not available
for luxury items, real estate or construction projects. 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 establish the State and Local Assistance
Help Desk and Diagnostic Center, which is one of the new
initiatives proposed by the administration. This Center will
establish a resource within OJP to provide 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 $3,000,000
within the Byrne-JAG Program for the administration's proposal
called Preventing Violence Against Law Enforcement Officer
Resilience and Survivability Initiative [VALOR]. This is a
national training initiative that will promote 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. Bill
language makes Federal law enforcement officers eligible for
training under this initiative.
Smart Probation.--The Committee's recommendation provides
$5,000,000 within Byrne-JAG for the administration's proposal
called Smart Probation to help State, local and tribal criminal
justice systems improve the effectiveness of their probation
programs and reduce criminal recidivism. This initiative will,
among other things, advance new strategies in probation to
increase public safety and make probation supervision more
effective; promote the integration of probation supervision
strategies and services; and increase collaboration and
strategic partnerships between probation offices and local law
enforcement.
Capital Litigation.--The Committee's recommendation
provides $4,000,000 for Capital Litigation Improvement Grants,
as authorized in the Justice For All Act, Public Law 108-405.
The Committee directs that any grant provided for the Capital
Litigation Improvements shall be provided pursuant to section
426 of the Justice For All Act.
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].
National Motor Vehicle Title Information System.--The
Committee recognizes the importance of the National Motor
Vehicle Title Information System [NMVTIS] as an effective tool
to prevent the fraudulent use of vehicle title documents,
investigate vehicle thefts and thwart terrorist financing
activities. OJP is encouraged to continue its good work and
financial support of the NMVTIS operator and the Committee is
encouraged to see 39 States are participating in the program.
For NMVTIS to be an effective tool in assisting law enforcement
nationwide, all States must be fully connected and able to
share critical title information. The Committee encourages OJP
to once again designate funding to the States to comply with
the NMVTIS rule.
John R. Justice Grants.--The Committee's recommendation
provides $5,000,000 pursuant to section 952 of Public Law 110-
315, which authorizes student loan repayment assistance for
State and local prosecutors and public defenders, as well as
Federal public defenders, to complement existing student loan
repayment options for Federal prosecutors.
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. In the last year
there have been over 1,200 incidents of trafficking in the
United States. Trafficking victims are subjected to physical,
mental, and even 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 $4,690,000 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 2012 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.
Byrne Criminal Justice Innovation Program.--The Committee
provides $20,000,000 to support the administration's proposal
for the new Byrne Criminal Justice Innovation Program, which
will provide demonstration grants in communities to support
innovative, evidence-based approaches to fighting crime and
improving public safety, as well as addressing its underlying
problems. The program will be coordinated with the Department
of Housing and Urban Development [HUD] and other agencies,
supporting an interagency initiative on Neighborhood
Revitalization.
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 new program will
build upon the approach of supporting communities that combine
law enforcement, community policing, prevention, intervention,
treatment, and neighborhood restoration. The new initiative
will focus on promoting interagency collaboration and enable a
wide range of new and existing partners to further stabilize
neighborhoods that face the severest violence and crime.
Flexible Tribal Assistance.--The Committee recommends the
Department's proposal to fund tribal grant programs by
permitting 7 percent of discretionary grant and reimbursement
program funds made available to OJP to be used for tribal
criminal justice assistance, and continues to support strongly
efforts to help tribes improve the capacity of their criminal
justice systems. OJP is expected to consult closely with tribal
stakeholders in determining how tribal assistance funds will be
awarded for detention facilities, courts, alcohol and substance
abuse programs, civil and criminal legal assistance, and other
priorities. As part of the Department's spending plan for
fiscal year 2012, OJP shall provide a plan for the use of these
funds that has been informed by such consultation. Additional
funding for tribes is provided through the Office of Community
Oriented Policing Services [COPS] and the Office on Violence
Against Women [OVW].
Byrne Competitive Grants.--The Committee's recommendation
includes $21,000,000 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. It is expected that
national programs that have previously received funding under
the Byrne discretionary program will be eligible to compete for
funding under this competitive grant program.
Border Prosecution Initiatives.--The Committee's
recommendation provides $20,000,000 to assist State and local
law enforcement, including prosecutors, probation officers,
courts and detention facilities along both the Southwestern and
Northern borders involved in the investigation and prosecution
of drug and immigration cases referred from Federal arrests.
Drug Courts.--The Committee's recommendation provides
$35,000,000 for the Drug Courts program. Drug courts greatly
improve substance abuse treatment outcomes, substantially
reduce crime, and produce significant societal benefits. The
Committee is concerned that while there are 1.47 million
nonviolent drug addicted arrestees who are legally and
clinically eligible for Drug Court, only 55,000 are currently
served by the program. The Committee supports the expansion of
drug courts in order to bring the Drug Court Program to scale
and effectively address this population.
The Committee notes the distinct success of the Drug Courts
and Mentally Ill Offender grant programs. While the Committee
applauds the Department for attempting to consolidate grant
programs, the Committee rejects this proposal given that
professionals in the field have made a clear distinction
between the two programs. However, the Committee encourages the
Department to continue looking for ways to consolidate other,
more duplicative grant programs.
Veterans Treatment Court.--The Committee is encouraged by
the innovative efforts in some communities to create veterans'
treatment courts, which result in improved service and justice
to military veterans and their families. The Committee
encourages OJP to exercise full discretion in considering
veterans treatment courts for funding under the Drug Court
Discretionary Grant Program.
Second Chance Act.--In order to pay for a nearly half a
billion dollar increase above the fiscal year enacted level for
Federal Prison Systems costs, the Committee regrettably
provides no funds for the Second Chance Act (Public Law 110-
199), a comprehensive response to improve outcomes for people
released from prisons and jails and returning to our
communities.
Bulletproof Vests.--Within the $24,850,000 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.
Paul Coverdell Forensic Science.--The Committee's
recommendation provides $15,000,000 for Paul Coverdell Forensic
Sciences Improvement Grants. Coverdell grants are intended to
improve the quality and timeliness of forensic science and
medical examiner services, including services provided by
State-operated laboratories and those operated by units of
local government. Coverdell grants provide flexibility to State
and local crime labs by allowing them to obtain funds to
address their most critical needs.
DNA Backlog/Crime Lab Improvements.--The Committee
continues its strong support for DNA backlog and crime lab
improvements by recommending $131,000,000 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, $123,000,000 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.
The Committee expects that OJP will make funding for DNA
analysis and capacity enhancement a priority to meet the
purposes of the Debbie Smith DNA Backlog Grant Program. The
Committee directs the Department to submit 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.
Economic, High-tech and Cybercrime Prevention.--The
Committee recommends $10,000,000 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 crimes of counterfeiting and piracy, as authorized
under the PRO-IP Act of 2008 (Public Law 110-403).
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. At present, only nine States are
eligible for grants. The recommended funding level reflects the
fact that there is a significant amount of carry-over funds
available for obligation under this program.
Adam Walsh Act Implementation.--The Committee provides
$23,000,000 to support the administration's proposal to help
all 50 States, the District of Columbia, and 248 jurisdictions
that are working to 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.
National Forum on Youth Violence Prevention.--The Committee
provides $3,000,000 for the administration's proposal for the
new National Forum on Youth Violence Prevention. The Forum will
allow participating cities to share challenges and promising
strategies, and develop or enhance effective comprehensive
plans to prevent youth and gang violence in their cities, using
multidisciplinary partnerships, balanced approaches, and data-
driven strategies. The program aims to reduce violence, improve
opportunities for youth and improve public safety, and
encourage innovation at the local and Federal levels.
Direct Legal Representation of Crime Victims.--In June
2010, the Office for Victims of Crime [OVC] notified the
Victims of Crime Act [VOCA] victim assistance formula
administrators that the VOCA funds may be used to support
direct legal representation in the enforcement of victims'
rights in criminal court proceedings. It remains unclear,
however, if VOCA administrators have allotted formula victim
assistance funding for enforcement services and, if so, to what
extent.
The Committee encourages the use of available VOCA formula
funds to include services for the enforcement of victims'
rights and reminds OVC that victims and their representatives
should have access to these enforcement services in Federal and
State criminal cases. The Committee expects OJP and OVC to
consult with VOCA administrators and stakeholders who provide
legal counsel and support services in criminal cases for the
enforcement of victims' rights in determining how victim
assistance formula funds may be used to include enforcement
services. OVC shall submit a report to the Committee within 60
days of notifying States of their VOCA victim assistance
formula allocation for fiscal year 2012 on: (1) if OVC's
guidelines make it clear that enforcement services are an
eligible use of VOCA victim assistance funds, including how to
access the enforcement services; and (2) whether or not
reporting requirements for VOCA formula administrators and sub-
recipients of VOCA funding indicate that individuals were
notified of the enforcement services, as well as the number of
individuals who received enforcement services, including by
type of crime.
Examination of DNA and Forensic Analysis Grants Uses.--The
Committee remains concerned about NIJ's use of DNA and forensic
analysis funding. The primary intent of this funding is to
reduce DNA backlogs and enhance the capacity of State and local
crime labs to handle and process forensic evidence and ensure
that future backlogs do not occur. Despite full DNA analysis
funding in the last 3 years, a significant backlog of DNA
samples and rape kits remains in public crime laboratories.
This backlog imperils prosecutions or exonerations associated
with sexual assaults, homicides and other heinous crimes.
Too often, to the Committee's dismay, NIJ appears to
fritter away forensic and DNA analysis funding by broadly
dispersing grants to agencies and entities of dubious merit.
The Committee has uncovered expenditures of forensic DNA
funding for: (1) polling firms; (2) colleges and universities;
(3) cell phone technology components; (4) entities of uncertain
mission that employ heads of influential forensics policy
advisory groups; and (5) other outlays that do not appear to
contribute to DNA backlog reduction. NIJ persists, however, in
tailoring narrow grant solicitations and directing the majority
of funds toward questionable projects, such as the Forensic
Science Technology Center of Excellence [FSTCE], which has
received more than $22,000,000 for the last 3 years, and other
projects that do not contribute directly to accelerating DNA
evidence processing for use in felony cases.
The Committee's patience has been exhausted. Based on the
combination of past waste and the current bleak budget
environment, the Committee directs the Department to ensure
that all DNA Initiative and Coverdell Forensic Science
Improvement funding be available only to State and local
forensic labs for the sole purpose of actively reducing the
backlog of DNA evidence. The Committee directs the Department
to submit quarterly progress reports on DNA funding
distribution beginning 60 days after date of enactment of the
accompanying act. Further, if the Department sees the need for
FSTCE, it should incorporate these functions into its budget
request.
In addition, the Committee directs the DOJ Inspector
General to conduct an examination of all of the past 3 years of
DNA funding awards to nongovernment entities that are not
affiliated with a public DNA laboratory. Criteria should
include the methodology and merits in creating the
solicitations of these funds; if the results of the awards have
a direct and measurable impact on reducing the DNA backlog; and
how the obligations of the solicitations have been fulfilled.
JUVENILE JUSTICE PROGRAMS
Appropriations, 2011.................................... $275,423,000
Budget estimate, 2012................................... 280,000,000
Committee recommendation................................ 251,000,000
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 $251,000,000 for
juvenile justice programs. The recommendation is $24,423,000
below the fiscal year 2011 enacted level and $29,000,000 below
the budget request.
The Committee's recommendations are displayed in the
following table:
JUVENILE JUSTICE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Part B--State Formula.................................. 45,000
Youth Mentoring Grants................................. 55,000
Title V--Delinquency Prevention Incentive Grants....... 33,000
Tribal Youth....................................... (15,000)
Gang and Youth Violence Education and Prevention... (8,000)
Alcohol Prevention................................. (10,000)
Victims of Child Abuse Programs........................ 20,000
Juvenile Accountability Block Grants................... 30,000
Community-Based Violence Prevention Initiatives........ 8,000
Missing and Exploited Children Programs................ 60,000
----------------
Total............................................ 251,000
------------------------------------------------------------------------
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
$45,000,000 for grants to implement comprehensive State
juvenile justice plans, including community-based prevention
and intervention programs and activities for juvenile
offenders. This amount is $17,126,000 below the fiscal year
2011 level and $35,000,000 below the budget request.
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
$55,000,000 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. It is expected
that national programs that have received funding under the
Byrne discretionary grants program or the Juvenile Justice Part
E program will be eligible to apply for funding under this
competitive grant program.
The Committee continues to recognize the alarmingly high
level of school dropout, arrest and unemployment rates among
youth with disabilities; therefore, within available funds, the
Committee encourages OJJDP to fund expansions of mentoring
services for youth with disabilities within local, multistate
and national mentoring programs. The Committee also encourages
OJJDP to include providers of intensive youth mentoring
activities associated with nonprofit, long term, residential
substance abuse treatment programs focused on juveniles
involved with the criminal justice system among the eligible
entities for youth mentoring grants.
Gang and Youth Violence Education and Prevention
Initiative.--The Committee's recommendation provides $8,000,000
for an anti-gang and youth violence education and prevention
initiative.
Victims of Child Abuse Act.--The Committee's recommendation
provides $20,000,000 for the various programs authorized under
the Victims of Child Abuse Act [VOCA] (Public Law 101-647).
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 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 strongly support Missing and Exploited Children
Programs and recommends $60,000,000, including funds 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 2012.
SALARIES AND EXPENSES
Appropriations, 2011\1\................................. $140,124,000
Budget estimate, 2012\1\................................ 208,355,000
Committee recommendation................................ 118,572,000
\1\In the fiscal year 2011 enacted act, funds for the management and
administration of programs at OVW, OJP and COPS were provided within a
joint Salaries and Expenses appropriation. The OJP portion of this joint
appropriation was $140,124,000 for the fiscal year 2011 enacted level,
and $208,355,000 in the fiscal year 2012 request.
A total of $118,572,000 is recommended for salaries and
expenses for OJP in fiscal year 2012. The recommendation is
$21,552,000 below the fiscal year 2011 enacted level and
$89,783,000 below the budget request. This account also funds
OJP's Office of Audit, Assessment and Management [OAAM], which
is responsible for programmatic oversight, including grant
compliance and auditing of internal controls to prevent waste,
fraud and abuse.
PUBLIC SAFETY OFFICERS BENEFITS
Appropriations, 2011.................................... $70,082,000
Budget estimate, 2012................................... 78,300,000
Committee recommendation................................ 78,300,000
The Committee's recommendation provides $78,300,000 for
public safety officers benefits. The recommendation is
$8,218,000 above the fiscal year 2011 enacted level and equal
to 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
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2011.................................... $494,933,000
Budget estimate, 2012................................... 669,500,000
Committee recommendation................................ 231,500,000
The Committee's recommendation provides $231,500,000 for
community oriented policing services. The recommendation is
$263,433,000 below the fiscal year 2011 enacted level and
$438,000,000 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
------------------------------------------------------------------------
NIST/OLES Transfer..................................... 1,500
Tribal Resources Grant Program......................... 20,000
COPS Hiring Grants..................................... 200,000
Transfer to Tribal Resources Grant Program......... (28,000)
Community Policing Development/Training and (10,000)
Technical Assistance..............................
Methamphetamine Lab Cleanups/Transfer to DEA........... 10,000
----------------
Total............................................ 231,500
------------------------------------------------------------------------
Any deviations from the above plan are subject to the
reprogramming requirements of section 505.
COPS Hiring Program.--The Committee recommends $200,000,000
for COPS Hiring grants to help State, local or tribal law
enforcement agencies to create and preserve approximately 1,500
police officers and to increase their 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.
Interoperable Standards.--The Committee is pleased that
significant progress has been made in the issuance of standards
to specify the required functionality for the Project 25 Inter-
RF-Subsystem Interface [ISSI], Console Interface, and Fixed
Station Interface for land mobile radio systems. The Committee
directs that funds provided to NIST/OLES for standards
development under this section should be used to complete the
remaining aspects of these interfaces, including conformance
and interoperability test standards for each of the interfaces.
In addition, funds should be used to begin the development of
standards for emerging technologies such as VoIP applications
for public safety operations.
Methamphetamine Hot Spots.--The Committee's recommendation
includes a $10,000,000 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. The Committee encourages the
Department to require jurisdictions that receive reimbursements
from this program to train and maintain staff with the
substantive and practical knowledge to identify, clean-up and
dispose of methamphetamine and other hazardous substances
related to the manufacture, distribution and use of
methamphetamine.
Tribal Resources.--The Committee has provided a total
$48,000,000 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
$28,000,000 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.
SALARIES AND EXPENSES
Appropriations, 2011\1\................................. $32,764,000
Budget estimate, 2012\1\................................ 40,330,000
Committee recommendation................................ 24,500,000
\1\In the fiscal year 2011 enacted act, funds for the management and
administration of programs at OVW, OJP and COPS were provided within a
joint Salaries and Expenses appropriation. The COPS portion of this
joint appropriation was $32,764,000 for the fiscal year 2011 level and
$40,330,000 in the 2012 request.
This appropriation supports all activities related to the
management and administration of Community Oriented Policing
Services [COPS] grant programs, grants and cooperative
agreements, including peer review. For fiscal year 2012, the
Committee recommends $24,500,000, which is $15,830,000 below
the equivalent amount requested under the joint salaries and
expenses appropriation and $8,264,000 below the equivalent
amount enacted in fiscal year 2011.
General Provisions--Department of Justice
The Committee recommends the following general provisions:
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, permits up to 3 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, and
permits 7 percent of grant and reimbursement program funds made
available to the Office of Justice Programs to be used for
tribal criminal justice assistance.
Section 215 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 216 permits the use of appropriated funds for
travel and healthcare of personnel serving abroad.
Section 217 requires a cost and schedule report on the
FBI's Sentinel program.
TITLE III
SCIENCE
Office of Science and Technology Policy
Appropriations, 2011.................................... $6,647,000
Budget estimate, 2012................................... 6,650,000
Committee recommendation................................ 6,000,000
The Committee's recommendation provides $6,000,000. The
recommendation is $647,000 below the fiscal year 2011 enacted
level and $650,000 less than 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.
International Cooperation.--As the United States struggles
to address its debt, other countries around the world are also
implementing their own austerity measures. Some are choosing to
keep investments in science and technology high in order to
position their economies for recovery and future growth. Many,
including the United States, are struggling with how to pay for
large scientific infrastructure. The funding of large science
projects, both in space and on the ground, is under increasing
scrutiny to ensure sound mission and infrastructure investments
are being made with limited funds. In this environment,
collaboration with international partners in science will be
useful to ensure continued progress in fields such as human
space exploration, dark energy and astronomy. The Committee
directs OSTP to remain engaged with international partners in
order to pursue large projects frugally, in partnership. This
will allow the United States to make the highest and best use
of its limited science funding while ensuring that our
scientists have access to world-leading facilities.
National Aeronautics and Space Administration
Appropriations, 2011.................................... $18,448,028,000
Budget estimate, 2012................................... 18,724,300,000
Committee recommendation................................ 17,938,773,000
The Committee's recommendation provides $17,938,773,000 for
the National Aeronautics and Space Administration [NASA]. The
recommendation is $509,255,000 below the fiscal year 2011
enacted level and $785,527,000 below 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.
In May 2011, the Nation marked the 50th anniversary of
President Kennedy's call to go to the Moon. That speech set a
course for the fledgling space agency. Now, 50 years later,
NASA is again searching for direction. Congress and the
administration worked together to enact the NASA Authorization
Act of 2010 (Public Law 111-267) and set that direction.
The Committee's recommendations seek to implement the NASA
Authorization Act of 2010, 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.
In the wake of the retirement of the space shuttle, 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 is presented in the context of an austere budget
and 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 16 projects in the
implementation phase had both exceeded their planned budgets by
more than 18 percent and delayed their launch date by more than
12 months. The largest budget increase was a 99.9 percent cost
increase with a corresponding schedule slip of 27 months over a
baseline established in fiscal year 2008. That spacecraft later
experienced a launch failure.
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.
On July 13, 2010, the National Research Council released a
report ``Controlling Cost Growth of NASA Earth and Space
Science Missions.'' The recommendations of that report could be
applied throughout NASA, particularly the need for cost realism
through independent cost assessment and incentivizing not only
technical but also cost and schedule performance. The Committee
appreciates the work of the Office of Independent Program and
Cost Evaluation [IPCE] to understand how new processes both at
NASA and at contractors can help NASA execute projects more
wisely and frugally while still achieving mission goals. IPCE
can be particularly useful during the formulation of a project
when schedule, scope and contracting method are not yet
determined. Just as commercial partners are learning from NASA,
so too should NASA and all of its mission directorates be
learning from the agency's innovative commercial partners,
particularly in achieving required performance within tight
budgets.
The Committee directs NASA to report, within 60 days of
enactment of this act, on any outstanding GAO or Inspector
General recommendations to improve NASA's financial management,
the date those recommendations were issued, an expected date
for implementing those recommendations, and a thorough
explanation of the reasons those recommendations have not been
implemented. Special attention should be paid to any
recommendations that have the potential to get NASA's
acquisition management off of the GAO high risk list or to
improve NASA's financial statements. Within 90 days of
enactment, NASA shall report to the Committee on any efforts
taken to reform its acquisition practices to improve cost
estimating, improve technical readiness before preliminary
design review, better evaluate and reward contractor cost and
schedule performance, and ensure sound business practices
govern contracting, particularly for large contracts.
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.
According to the inspector general [IG], NASA has awarded
more than $3,000,000,000 in grants over the past 5 years,
including nearly $570,000,000 in fiscal year 2010 alone. In a
report issued on September 12, 2011, the IG found that ``NASA
does not have an adequate system of controls to ensure proper
administration and management of its grant program.'' The
Committee appreciates the Science mission directorate's efforts
to track grantee performance despite limited NASA-wide
requirements.
Despite receipt of a draft of the report on grants
management, NASA did not provide an official response to the
IG's findings. Within 30 days of enactment of this act, the
Committee directs NASA to report on corrective actions it will
take to reform its grants management process, including how the
agency will address: (1) evaluation of unsolicited proposals,
(2) training for grant and technical officers; (3) internal
controls, including periodic reviews and oversight; (4)
thresholds for deviation from approved grant budgets; (5)
review of procedures for awarding grant supplements; and (6)
policies to ensure NASA has adequate documentation to explain
its decisions. The Committee directs the IG to issue a report
to the Committee evaluating NASA's response within 30 days of
NASA issuing the report described above.
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, 2011.................................... $4,935,409,000
Budget estimate, 2012................................... 5,016,800,000
Committee recommendation................................ 5,100,000,000
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............................ 435,000
Earth Science Research and Analysis........... (325,000)
Computing and Management...................... (110,000)
Earth Systematic Missions......................... 886,800
Global Precipitation Measurement (GPM)........ (98,000)
Glory Mission................................. ................
Landsat Data Continuity Mission (LDCM)........ (159,000)
NPOESS Preparatory Project (NPP).............. (16,100)
Ice, Cloud, and land Elevation Satellite (113,400)
(ICESat-II)..................................
Soil Moisture Active and Passive (SMAP)....... (137,300)
Other Missions and Data Analysis.............. (363,000)
Earth System Science Pathfinder................... 189,900
Aquarius...................................... (5,400)
OCO-2......................................... (90,500)
Venture Class Missions........................ (62,000)
Other Missions and Data Analysis.............. (32,000)
Earth Science Multi-Mission Operations............ 167,600
Earth Science Technology.......................... 50,200
Applied Sciences.................................. 36,000
-----------------
Subtotal, Earth Science......................... 1,765,500
=================
Planetary Science:
Planetary Science Research........................ 189,500
Planetary Science Research and Analysis....... (139,000)
Other Missions and Data Analysis.............. (25,000)
Education and Directorate Management.......... (5,300)
Near Earth Object Observations................ (20,200)
Lunar Quest Program............................... 129,600
Lunar Science................................. (54,400)
Lunar Atmosphere and Dust Environment Explorer (71,800)
International Lunar Network................... (3,400)
Discovery......................................... 176,800
Gravity Recovery and Interior Laboratory (40,800)
[GRAIL]......................................
Other Missions and Data Analysis.............. (136,000)
New Frontiers..................................... 176,400
Juno.......................................... (31,400)
Other Missions and Data Analysis.............. (145,000)
Mars Exploration.................................. 581,700
2009 Mars Science Lab......................... (138,000)
MAVEN......................................... (245,700)
Other Missions and Data Analysis.............. (198,000)
Outer Planets..................................... 117,100
Technology........................................ 129,300
-----------------
Subtotal, Planetary Science..................... 1,500,400
=================
Astrophysics:
Astrophysics Research............................. 164,100
Astrophysics Research and Analysis............ (66,000)
Balloon Project............................... (32,100)
Other Missions and Data Analysis.............. (66,000)
Cosmic Origins.................................... 239,300
Hubble Space Telescope [HST].................. (98,300)
Stratospheric Observatory for Infrared (84,000)
Astronomy [SOFIA]............................
Other Missions And Data Analysis.............. (57,000)
Physics of the Cosmos............................. 106,000
Exoplanet Exploration............................. 46,400
Astrophysics Explorer............................. 126,400
Nuclear Spectroscopic Telescope Array (NuStar) (11,900)
Gravity and Extreme Magnetism................. (74,100)
Other Missions and Data Analysis.............. (40,400)
-----------------
Subtotal, Astrophysics.......................... 682,200
=================
James Webb Space Telescope:
Subtotal, James Webb Space Telescope............ 529,600
=================
Heliophysics:
Heliophysics Research............................. 155,900
Heliophysics Research and Analysis............ (30,000)
Sounding Rockets.............................. (49,400)
Research Range................................ (19,500)
Other Missions and Data Analysis.............. (57,000)
Living with a Star................................ 206,900
Radiation Belt Storm Probes [RBSP]............ (92,200)
Solar Probe Plus.............................. (52,700)
Other Missions and Data Analysis.............. (62,000)
Solar Terrestrial Probes.......................... 181,700
Magnetospheric Multiscale [MMS]............... (164,300)
Other Missions and Data Analysis.............. (17,400)
Heliophysics Explorer Program..................... 77,800
IRIS.......................................... (39,100)
Other Missions and Data Analysis.............. (38,700)
-----------------
Subtotal, Heliophysics...................... 622,300
=================
Total, Science.............................. 5,100,000
------------------------------------------------------------------------
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]; the Ice, Cloud and Land
Elevation Satellite (IceSat-2); and the Climate Absolute
Radiance and Refractivity Observatory [CLARREO] missions. The
Committee also recommends the Deformation, Ecosystem Structure
and Dynamics of the Ice (DESDnyl) mission continue at the
fiscal year 2011 level. The National Academies recommended
flying a suite of these four missions concurrently to gather
critical information about the Earth and its climate.
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.--The Committee recommends $10,000,000
from within available funds to continue the development of a
carbon monitoring system initially funded in fiscal year 2010.
The Committee expects no less than one-half of this amount
shall be awarded externally.
Cooperation Between NASA and NOAA.--NASA continues to
provide valuable program management expertise to assist NOAA
with its satellite program. At the same time, NASA continues
its role as the pathfinder, developing new Earth science
instruments and pushing the leading edge on experimental
missions today that will benefit NOAA's operational missions
tomorrow. However, the Committee is 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 Committee directs NASA to move forward, as
requested in the fiscal year 2012 budget request, to continue
the expanded SERVIR network within the Applied Sciences Program
and to enhance its scientific capabilities across a broader set
of NASA Earth science products and its service as a testbed for
innovative applications.
Planetary Science.--The bill allows for the transfer of up
to $10,000,000 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. The NASA budget, like the Federal budget
overall, is shrinking, not growing.
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.
Wide Field Infrared Survey Telescope [WFIRST].--WFIRST was
identified as the first priority in the recent astronomy and
astrophysics decadal survey. NASA is strongly encouraged to
make a request for WFIRST in fiscal year 2013 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 physics books. Last
year, the Committee asked for an independent assessment of
JWST. That assessment, led by Dr. John Casani, found that while
JWST is technically sound, NASA has 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.
Explorer Program.--The Committee provides an additional
$16,000,000 for the Explorer Program to ensure that current and
future announcements of opportunity can support two stand-alone
missions, one in astrophysics and one in heliophysics.
Heliophysics.--Within funds provided to advance scientific
knowledge of the Sun's impact on the Earth, the Committee
provides the full budget request of $164,300,000 for the
Magnetospheric Multiscale [MMS] mission. The Committee
encourages NASA to provide necessary budget resources in fiscal
year 2013 for MMS to achieve a launch in early 2015 with the
full complement of instruments and both orbit phases.
The funds provided also include $52,700,000 for the Solar
Probe Plus mission, the same as the budget request. The
Committee strongly supports this mission and affirms its
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.
Within funds provided for sounding rockets operations,
$5,000,000 is provided to continue advanced technology
development of small satellites and unmanned aerial systems
[UAS] at low-cost NASA flight facilities that have the
potential of lowering the costs of space and Earth science
missions.
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.
AERONAUTICS
Appropriations, 2011.................................... $533,930,000
Budget estimate, 2012................................... 569,400,000
Committee recommendation................................ 501,000,000
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.
SPACE TECHNOLOGY
Appropriations, 2011\1\.................................................
Budget estimate, 2012................................... $1,024,200,000
Committee recommendation................................ 637,000,000
\1\Space technology activities were funded within the Space Operations,
Exploration, and Cross-Agency Support accounts in 2011.
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......................................... 184,100
Partnership Development and Strategic Integration..... 30,000
Crosscutting Space Technology......................... 210,400
Exploration Technology................................ 212,500
-----------------
TOTAL........................................... 637,000
------------------------------------------------------------------------
The Committee regrets not being able to fund this promising
new program more robustly and has prioritized funding for
ongoing activities. Within Crosscutting Space Technology, the
Committee encourages NASA to prioritize ongoing efforts funded
in fiscal year 2011 under the auspices of Space Technology
using Space Operations funds. The Committee recommends Space
Technology continue to fund satellite servicing at the fiscal
year 2011 level. This funding will contribute to the planned
competitive demonstration mission and shall be managed by the
Space Operations mission directorate.
EXPLORATION
Appropriations, 2011.................................... $3,800,683,000
Budget estimate, 2012................................... 3,948,700,000
Committee recommendation................................ 3,775,000,000
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.
The Committee also 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 move forward in 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. Within
180 days of the enactment of this act NASA shall report to the
Committee a set of scientific and exploration goals, including
mission destinations, for utilizing the new space
transportation system funded within this account, including any
plans for collaboration with international partners.
EXPLORATION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Exploration Research and Development.................. 275,000
Commercial Space Flight............................... 500,000
Orion Multipurpose Crew Vehicle....................... 1,200,000
Heavy Lift Launch Vehicle System...................... 1,800,000
-----------------
TOTAL........................................... 3,775,000
------------------------------------------------------------------------
Heavy Lift Launch Vehicle.--The Committee provides
$1,800,000,000 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 $11,500,000,000 through
fiscal year 2017. Within 60 days of enactment, NASA shall
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 program shall
be managed under a strict cost cap of $5,500,000,000 through
fiscal year 2017. Within 60 days of enactment, NASA shall
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.
Ground Operations.--In fiscal year 2013 and beyond, NASA
shall identify ground operations related to the Orion
multipurpose crew vehicle and the heavy lift launch vehicle
system separately from the funding to develop those systems.
NASA may request these funds within the Exploration account or
the Space Operations account, not both. 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 has provided $500,000,000
for commercial crew activities, the same as the authorized
level. This funding shall be available to continue and
competitively expand the number of participants and the
activities of the Commercial Crew Development [CCDEV] program
in order to reduce risk, develop technologies and lead to other
advancements that will help determine most effective and
efficient means of advancing the development of commercial crew
services.
Of the amount included for commercial crew development
activities, $307,400,000 shall be available on October 1, 2011.
This amount is equal to the fiscal year 2011 level for
commercial crew development. An additional $192,600,000 of
commercial crew funding will become available after the NASA
Administrator has certified, in writing, that NASA has: (1)
published the notifications to implement acquisition strategy
for the heavy lift launch vehicle system, also known as the
space launch system [SLS], authorized in section 302 of Public
Law 111-267 and (2) begun to execute relevant contract actions
in support of development of SLS. This certification may not be
delegated and will assure the Committee that NASA is committed
to all elements of the balanced human spaceflight program
authorized in Public Law 111-267. The Committee understands
that NASA will be providing more information on the acquisition
strategy for SLS in the coming weeks.
Currently, NASA lacks one consolidated set of requirements
for crew safety. Within this funding, NASA shall develop and
make available to the public detailed human rating processes
and requirements to guide the design of all crew transportation
capabilities. These requirements shall be at least equivalent
to requirements for crew transportation currently in use, as
well as any relevant recommendations of the Columbia Accident
Investigation Board, and shall apply to all NASA-funded
vehicles that carry humans, both commercial and Government-
owned.
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. 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 Policy Directive 1050.1I 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 believes that
the current practice by NASA has gone beyond what is cited
under NASA's own policy directive. Such misuse of these
authorities undermines the oversight of NASA in the procurement
process and threatens crew safety. For future rounds of
commercial crew competitions and acquisitions, NASA shall limit
the use of funded Space Act Agreements as stated in the
directive in order to preserve critical NASA oversight of
Federal funds provided for spacecraft and launch vehicle
development.
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
beginning later this calendar year.
SPACE OPERATIONS
Appropriations, 2011.................................... $5,497,483,000
Budget estimate, 2012................................... 4,346,900,000
Committee recommendation................................ 4,285,000,000
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.......................................... 650,900
International Space Station............................ 2,803,500
Space and Flight Support............................... 662,600
21st Century Launch Complex............................ 168,000
----------------
TOTAL............................................ 4,285,000
------------------------------------------------------------------------
Space Shuttle.--The Committee provides $650,900,000 for
Space Shuttle. This amount includes the full amount of
$547,900,000 that NASA has estimated for its pension liability
for the primary Space Shuttle support contract. NASA is under
contractual obligation to provide promised retirement benefits
for the men and women who kept the Shuttles flying through
their retirement in 2011.
Satellite Servicing.--Within the amounts provided,
$75,000,000 shall be to continue efforts to use the next
generation of human space flight architecture to service
existing and future on-orbit observatory-class scientific
spacecraft, as well as spacecraft owned by the Department of
Defense and other Government agencies. The activities to be
undertaken shall be a joint project of the Space Operations,
Space Technology, Science, and Exploration mission directorates
and shall include technology demonstrations for both robotic
and human servicing. These funds will augment existing Space
Technology funds for these activities. Space Operations shall
be responsible for the overall direction and management of all
agency satellite servicing activities.
International Space Station.--The Committee has provided
$2,803,500,000 for the ISS Program, which includes ISS
Operations 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 $168,000,000 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 a 5-year plan for this funding within 60
days of the date of enactment of this act.
EDUCATION
Appropriations, 2011.................................... $145,508,000
Budget estimate, 2012................................... 138,400,000
Committee recommendation................................ 138,400,000
The Committee provides $138,400,000 for Education, which is
$7,108,000 below the fiscal year 2011 level and equal to the
President's 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........................................ 44,200
Experimental Program to Stimulate Competitive Research.. 24,500
Minority University Research and Education Program...... 30,400
Informal Education Grants............................... 7,000
NASA Visitors Centers................................... 10,000
STEM Education and Accountability Projects.............. 22,300
---------------
TOTAL............................................... 138,400
------------------------------------------------------------------------
The amount available for the Education account has declined
23 percent since fiscal year 2010, as Congress has accepted
NASA's proposed levels for this account. Once again in fiscal
year 2012, NASA proposes a fundamental reorientation of its
education program based on the Education Design Team's
findings. However, in developing its 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.
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.
Informal Education Grants.--A report by the National
Academy of Sciences, ``Learning Science in Informal Settings,''
found evidence that nonschool science programs involving
exhibits, media projects, emerging learning technologies and
other informal education programs increase students' interest
in STEM education. The Committee recommends $7,000,000 for a
competitive grant program as authorized by section 616 of
Public Law 109-155.
CROSS-AGENCY SUPPORT
Appropriations, 2011.................................... $3,105,177,000
Budget estimate, 2012................................... 3,192,000,000
Committee recommendation................................ 3,043,073,000
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.
Employee Performance Communications System [ECPS].--The
EPCS is a five-level performance appraisal system that was
implemented in 2007. This system superseded a three-level EPCS
that encouraged employee participation in establishing
performance standards. Information obtained by employees under
the Freedom of Information Act [FOIA] reveals that this system,
as implemented at the Wallops Flight Facility, resulted in a
disproportionate number of less-than fully successful ratings
given to African-Americans. Although African-Americans
constitute 14 percent of the civil-service workforce at the
Wallops Flight Facility, this group constitutes 67 percent of
the needs improvement ratings.
The FOIA information also revealed that no supervisor or
management official received a rating less than fully
successful for the calendar year 2009 appraisal period. An
Agency-directed Occupational Safety and Health Administration
Voluntary Protection Program [VPP] report found that, with
regard to the safety and health performance element (an element
assigned to at least 90 percent of the Wallops workforce), the
metrics for evaluation and rating of employees is unclear.
Therefore, the Committee requests that the Government
Accountability Office [GAO] shall assess NASA's EPCS. To the
extent practical, GAO should assess whether EPCS, as
implemented by NASA, utilizes leading human capital practices
and results in a system that provides both accountability and
fairness for all employees. GAO should also include in its
assessment the extent to which NASA's EPCS has a process for
planning, monitoring, developing, assessing, and rewarding
employee performance that is aligned to the agency's goals and
promotes a performance culture that focuses on two-way
communication and accountability for results, and clearly
differentiates between high- and low-performing employees.
Data Center Consolidation.--The Committee is disappointed
with NASA's lack of commitment to significant enterprise-wide
data center consolidation. While the Committee is pleased with
the incremental progress NASA has made with regard to the
consolidation of data centers at NASA facilities, the Committee
also expects a sound technical and budgetary approach to long-
term cost savings through strategic investments. In order to
assist in finding the best approach for reducing data center
facility space, reducing Information Technology [IT] power
consumption and otherwise achieving savings, NASA is directed
to provide to the Committee a report by January 6, 2012, that
includes a comprehensive analysis for NASA's alternatives with
regard to IT consolidation. The report shall consider security,
operational effectiveness and operations and maintenance costs,
and compare these considerations over time in scenarios ranging
from no consolidation action taken to maximum achievable
consolidation as soon as possible. It is anticipated that the
results of this report will help to inform the fiscal year 2013
budget request, and future funding decisions and resource
allocations by NASA's Chief Information Officer.
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 1990.
NASA Payments for Academic Training and Degrees.--An August
2011 Inspector General report found that NASA's management of
its academic training program needs significant improvement.
According to the report, ``NASA has not established adequate
internal controls to address these challenges. As a result,
from July 2006 through September 2010, NASA paid $1,440,000 for
57 employees to pursue academic degrees outside of NASA's
established degree programs--all without service commitments to
the Agency for the degree.'' The Committee directs NASA to
report within 90 days of enactment of this act on steps taken
to reform and improve its programs for academic training and to
ensure degree programs are undertaken as part of a formal NASA
program. The report should include steps NASA will take to
improve NASA-wide oversight of the program.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2011.................................... $393,511,000
Budget estimate, 2012................................... 450,400,000
Committee recommendation................................ 422,000,000
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............................ 369,500
Institutional CoF................................. (339,600)
Science CoF....................................... (1,000)
Space Operations CoF.............................. (28,900)
Environmental Compliance and Restoration.............. 52,500
-----------------
Total, Construction and Environmental Compliance 422,000
and Restoration................................
------------------------------------------------------------------------
Hangar One.--Due to concerns raised in a June 2011 NASA
inspector general report, the Committee does not provide the
requested funding for the re-siding of Hangar One at Moffett
Field, California.
Funding for Construction.--NASA continues to request funds
for construction of facilities within both the Space Operations
and the Exploration accounts. For fiscal year 2012, the
Committee has granted NASA authority to transfer funds for
construction into the Construction and Environmental
Restoration Account. For fiscal year 2013 and beyond, NASA
should not request construction funds in its other accounts.
The fiscal year 2013 budget should clearly identify any
construction requests related to the 21st Century Launch
Complex, the Orion Multipurpose Crew Vehicle, and the heavy
lift launch vehicle system, including related ground and
mission operations and test facility construction projects.
Rocket test facilities.--Within 30 days of enactment of
this act, NASA shall submit to the Committees on Appropriations
a report detailing its plans to use and rehabilitate, if
necessary, NASA-owned systems-level rocket test facilities. The
report should include plans for systems-level testing of the
Space Launch System, an evaluation of potential commercial uses
of such facilities, and a description of resources needed in
fiscal year 2012.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2011.................................... $36,327,000
Budget estimate, 2012................................... 37,500,000
Committee recommendation................................ 37,300,000
The Committee recommendation provides $37,300,000 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 538 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.
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 allowability of in-kind consideration for certain
enhanced use leasing arrangements and the availability of
certain funds from previous accounts and from the Endeavor
Teacher Fellowship Trust Fund.
National Science Foundation
Appropriations, 2011.................................... $6,859,867,000
Budget estimate, 2012................................... 7,767,000,000
Committee recommendation................................ 6,698,095,000
The Committee's recommendation provides $6,698,095,000 for
the National Science Foundation [NSF]. The recommendation is
$161,772,000 below the fiscal year 2011 enacted level and
$1,068,905,000 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.
The Committee reiterates its long-standing requirement that
NSF request 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 can achieve their goals. The Committee accepts NSF's
proposal for reductions and terminations for the following
programs: Deep Underground Science and Engineering Laboratory,
Graduate STEM Fellows in K-12 Education, National STEM
Distributed Learning (Digital Library), Research Initiation to
Broaden Participation in Biology, Synchrotron Radiation Center,
and Science of Learning Centers. These cuts will save more than
$55,000,000 from the fiscal year 2011 level and $90,000,000
from the fiscal year 2010 level.
RESEARCH AND RELATED ACTIVITIES
Appropriations, 2011.................................... $5,563,875,000
Budget estimate, 2012................................... 6,253,540,000
Committee recommendation................................ 5,443,000,000
The Committee's recommendation provides $5,443,000,000. The
recommendation is $120,875,000 below the fiscal year 2011
enacted level and $810,540,000 below the budget request.
The Research and Related Activities 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 Research and
Related Activities account include: 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 2012 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. As
such, the recommendation endorses the Foundation's
prioritization of multidisciplinary, high-risk research,
including investments in advanced manufacturing, cyber
infrastructure and robotics. Each of these programs aim to have
a transformative impact across science and engineering,
especially in areas of national priority first outlined by the
National Academies report ``Rising Above the Gathering Storm.''
It is not always easy to translate basic scientific
discoveries into the ideas and products that build on those
discoveries to launch a new product. While the scientist may be
aware she has discovered something big, she may not be prepared
to become the entrepreneur who creates the next great American
company. The Committee is pleased to hear of the NSF's new
focus on leveraging its basic research investments to provide
the greatest possibility for identifying important discoveries
and cutting-edge technologies. NSF's recent launch of
Innovation Corps (I-Corps) will help scientists take the first
steps from the research lab to commercialization by utilizing a
strong private sector mentoring component, and small-scale
Federal investment. I-Corps holds the promise to accelerate
innovation that can attract subsequent third-party funding so
discovery is transformed more rapidly into products that can
help keep our Nation globally competitive, prosperous, and
secure.
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.
Astronomical Sciences.--The Committee is aware of the need
to increase access to 8-meter class telescopes for the U.S.
astronomical community. Demand for observing time on large
telescopes currently exceeds the available time by a factor of
3 to 4. The Committee recognizes that there is an opportunity
to meet this need through an increased U.S. share of the Gemini
program and provides an additional $2,000,000 above the request
for increased time on Gemini either through a direct increase
in the U.S. share or by providing instruments for Gemini.
The Committee encourages NSF to pursue the astronomy and
astrophysics decadal survey's recommendation to develop a giant
segmented mirror telescope and to develop that telescope on
domestic soil as a public-private partnership inclusive of
international partners, through the agency's major research
equipment and facilities construction process. This will help
to continue America's leadership in optical astronomy, while
supporting scientific and technical jobs to maintain our level
of excellence in this field.
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 $156,550,000 for cybersecurity research,
including $65,000,000 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
$146,830,000 for EPSCoR, an amount that is the same as the
fiscal year 2011 amount.
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
of $2,000,000. Within 180 days of enactment of this act, NSF
should report to the Committee on the status of planned
acquisition of three vessels to provide regional capabilities
in the Atlantic, Pacific, and gulf coast regions.
Giant Segmented Mirror Telescope.--The Committee expects
NSF to select a Giant Segmented Mirror project for possible
Federal partnership by the end of calendar year 2011, as
recommended by the National Research Council's 2010 decadal
survey in Astronomy and Astrophysics. This selection should be
made by a competitive process or some other means that will
provide long-term certainty for the U.S. projects now under
development.
Deep Underground Science and Engineering Laboratory
[DUSEL].--The Committee notes the National Science Board's
decision to end NSF involvement in DUSEL and appreciates
transition funding provided in fiscal year 2011 to coordinate
with the Department of Energy [DOE]. In light of the recent
Board decision and National Research Council recommendations,
the Committee expects NSF to provide a report within 60 days
regarding efforts to collaborate with DOE on the use of a
future deep underground science laboratory and any current or
planned commitments by the Foundation.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
Appropriations, 2011.................................... $117,055,000
Budget estimate, 2012................................... 224,680,000
Committee recommendation................................ 117,055,000
The Committee's recommendation provides $117,055,000. The
recommendation is the same as the fiscal year 2011 enacted
level and $107,625,000 below 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 Atacama Large Millimeter Array [ALMA]; and the
Advanced Technology Solar Telescope [ATST]. This amount also
includes $83,095,000 to continue construction of the Ocean
Observatories Initiative [OOI]. NSF may transfer up to
$100,000,000 from its Research and Related Activities account
to fully fund OOI or begin work on the National Ecological
Observatory Network [NEON].
EDUCATION AND HUMAN RESOURCES
Appropriations, 2011.................................... $861,034,000
Budget estimate, 2012................................... 911,200,000
Committee recommendation................................ 829,000,000
The Committee's recommendation provides $829,000,000. The
recommendation is $32,034,000 below the fiscal year 2011
enacted level and $82,200,000 below 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.
Robert Noyce Scholarship Program.--The Committee has
provided the fiscal year 2011 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 cyber security 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 $13,000,000 of the additional amount should
be used specifically for graduate candidates, to include
master's and doctoral students.
Informal Science Education.--The Committee maintains its
strong support for NSF's informal science education program. 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 increase its support
for the development of online accessible repositories of
digital media and other materials to assist teachers and
students in STEM education.
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.
Professional Science Master's [PSM] Degree.--The Committee
strongly encourages NSF to continue support for the
Professional Science Master's [PSM] degree programs funded
through the American Reinvestment and Recovery Act (Public Law
111-5) as authorized in the America COMPETES Act (Public Law
110-69). To remain competitive in the global economy, America
needs to develop more expertise in STEM fields; the PSM
provides a pathway for students with undergraduate degrees in
STEM fields and is a critical program for preparing future
science professionals and leaders. The Committee strongly
recommends that NSF incorporate requests for funding in fiscal
year 2013 budget and beyond.
Broadening Participation.--The Committee appreciates the
NSF's decision to maintain three existing initiatives to
broaden participation, the Historically Black Colleges and
Universities Undergraduate Program [HBCU-UP], the Louis Stokes
Alliances for Minority Participation [LSAMP] and the Tribal
Colleges and Universities Program [T-CUP]. These three programs
each have different purposes and engage students and colleges
and universities in a different manner. One size will not fit
all. The Committee supports NSF's request to maintain HBCU-UP
at $32,000,000; LSAMP at $44,750,000; and T-CUP at $14,350,000.
The Committee also supports efforts to broaden participation of
undergraduates in STEM that include institutions eligible for
these three programs as well as institutions eligible under
section 7033 of the America COMPETES Act (Public Law 110-69).
The Committee is also committed to growing the STEM
workforce by attracting broader participation from all
underrepresented groups in STEM fields. While the Committee
does not object to the transfer of Research in Disabilities
Education [RDE] and Research on Gender in Science and
Engineering [GSE] from the Division of Human Resource
Development to the Division of Research on Learning in Formal
and Informal Settings, the Committee directs NSF to maintain
RDE and GSE as separate programs at the fiscal year 2011
enacted level. Any future proposal to consolidate these
programs within any broader program should include a plan
showing how NSF will maintain or enhance current levels of
effort to broaden participation, including diffusion efforts
undertaken as part of GSE.
AGENCY OPERATIONS AND AWARD MANAGEMENT
Appropriations, 2011.................................... $299,400,000
Budget estimate, 2012................................... 357,740,000
Committee recommendation................................ 290,400,000
The Committee recommendation provides $290,400,000. The
recommendation is $9,000,000 below the fiscal year 2011 enacted
level and $67,340,000 below the budget request.
The salaries and expenses appropriation provides 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.
Workforce Management.--The NSF has received numerous
reports from the Office of Inspector General and the Office of
Personnel Management critiquing the management environment at
NSF and recommending changes to improve the workplace. NSF's
mission is to meet the highest scientific standards. Its
managers need to ensure that the workplace meets the highest
standards as well and is free from harassment and misconduct.
Within 60 days of enactment, NSF shall deliver an action plan
to the Committee detailing its plan to implement the
recommended changes, along with expected date of implementation
and the senior official responsible for implementation.
OFFICE OF THE NATIONAL SCIENCE BOARD
Appropriations, 2011.................................... $4,531,000
Budget estimate, 2012................................... 4,840,000
Committee recommendation................................ 4,440,000
The Committee recommendation provides $4,440,000. The
recommendation is $91,000 below the fiscal year 2011 enacted
level and $400,000 below 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.
Merit Review Criteria.--The Committee is aware that the
Board, through its Task Force on Merit Review, is examining
NSF's merit review criteria. While progress has been made in
broadening access to STEM education and career opportunities
for women, underrepresented minorities, and persons with
disabilities, more remains to be done to achieve the goals of
the Science and Engineering Equal Opportunities Act of 1980.
According to the Committee on Equal Opportunities in Science
and Education's 2008 Biennial Report to Congress, ``Based on
NSF's own research, NSF needs to provide more guidance to
principal investigators, institutions, and proposal reviewers
on the definition and importance of broadening participation.''
However, broadening participation should remain an essential
component of the NSF merit review criteria.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2011.................................... $13,972,000
Budget estimate, 2012................................... 15,000,000
Committee recommendation................................ 14,200,000
The Committee recommendation provides $14,200,000. The
recommendation is $228,000 more than the fiscal year 2011
enacted level and $800,000 less than 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. The Committee has provided an increase
in this account to enhance accountability at the NSF.
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, 2011.................................... $9,381,000
Budget estimate, 2012................................... 9,429,000
Committee recommendation................................ 9,193,000
The Committee's recommendation provides $9,193,000 for the
salaries and expenses of the Commission on Civil Rights. The
recommendation is $188,000 below the fiscal year 2011 enacted
level and $236,000 below 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, the Committee establishes an inspector general [IG]
for the Commission and provides that the post will be filled by
the individual holding the position of IG at the Equal
Employment Opportunity Commission [EEOC]. 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
$800,000, is provided by transfer directly to the EEOC IG.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
Appropriations, 2011.................................... $366,568,000
Budget estimate, 2012................................... 385,520,000
Committee recommendation................................ 329,237,000
The Equal Employment Opportunity Commission [EEOC] is the
leading Federal law enforcement 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 $329,237,000 for
EEOC salaries and expenses. Given growing fiscal constraints,
the Committee's recommendation does not include the EEOC's
request for an increase of $18,952,000 in fiscal year 2012, and
must reduce EEOC's salaries and expenses by $7,331,000 compared
with the fiscal year 2011 enacted level. This will regrettably
risk reversing the progress made by EEOC since 2008 to slow
dramatically the growth of backlogged, unresolved
discrimination charges to only 1 percent by to 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 100,000 cases filed in 2011.
The EEOC anticipates 108,000 discrimination charges will be
filed by the end of fiscal year 2012, with the goal of having
93,000 end-of-year pending cases. Budget cuts and expanding
enforcement responsibilities will make EEOC hard-pressed to
meet this goal, leaving the Commission with an erosion of
mission-critical staff, increased discrimination charge
inventory, limits on its litigation docket, diminished
employment sector enforcement efforts and delayed customer
service.
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
positions of frontline mission critical staff that have the
biggest impact on case resolutions. 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.--EEOC is currently reviewing and
considering the adoption of 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. The EEOC is directed to
submit a report detailing its views on this model to the
Committee within 120 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.
Office of Inspector General [OIG].--The appropriating
paragraph for the Commission on Civil Rights establishes that
EEOC's Inspector General will simultaneously hold the post of
Inspector General of the Commission on Civil Rights. The funds
needed by the EEOC OIG to carry out this new responsibility are
provided by transfer directly from the Commission on Civil
Rights budget.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
Appropriations, 2011....................................................
Budget estimate, 2012...................................................
Committee recommendation................................ $29,400,000
The Committee recommends $29,400,000 to assist State and
local enforcement agencies. The Committee is troubled that the
EEOC has failed to provide adequate resources to its State
partners and therefore has created a separate account for this
funding.
International Trade Commission
SALARIES AND EXPENSES
Appropriations, 2011.................................... $81,696,000
Budget estimate, 2012................................... 87,000,000
Committee recommendation................................ 80,062,000
The Committee recommendation provides $80,062,000. The
recommendation is $1,634,000 below the fiscal year 2011 level
and is $6,938,000 below 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 relating to United States international trade policy.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
Appropriations, 2011.................................... $404,190,000
Budget estimate, 2012................................... 450,000,000
Committee recommendation................................ 396,106,000
The Committee recommendation provides $396,106,000 for
payment to the Legal Services Corporation [LSC]. The
recommendation is $8,084,000 below the fiscal year 2011 enacted
level, and $53,894,000 below the budget request.
The Committee recommendation provides $370,506,000 for
basic field programs, to be used for competitively awarded
grants and contracts; $17,000,000 for management and
administration; $3,400,000 for client self-help and information
technology; $4,200,000 for the Office of the Inspector General;
and $1,000,000 for loan repayment assistance.
Governance and Management.--Continuing reports of
governance and management issues 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.
Cost Effectiveness Studies.--The Committee directs LSC to
continue its collaboration with the Department of Justice to
conduct a national level economic study of the cost
effectiveness of legal aid that would expand on existing state
models and establish more broadly applicable results.
Private Attorney Involvement.--All LSC grantees are
required to take steps to incentivize private attorney
involvement in their programs, but these efforts are not
performing up to their potential. By making a more aggressive
push for pro bono private attorney services, grantees could
alleviate some pressure on their own budgets and increase the
number of clients served. LSC is urged to seek further action
from its grantees to improve private attorney participation.
Legal Aid Fellowships.--LSC is reportedly considering a
proposal to create a fellowship program for retirees or recent
law school graduates who will commit to working in legal aid
for a designated period of time. LSC is directed to conduct a
study of this proposal in order to further develop how such a
fellowship program would work and how much it would cost to
implement. LSC shall report to the Committee with the results
of that study no later than 120 days after the enactment of
this act.
ADMINISTRATIVE PROVISION--LEGAL SERVICE CORPORATION
The Committee 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.). As it did in fiscal years 2010 and 2011,
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 and representation of
prisoners; 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.
The manner in which the LSC grantees are audited through
contracts with certified public accountants for financial and
compliance audits are continued, along with the provisions on
recompetition and debarment.
The Committee recognizes that the LSC current percentage
locality pay represents reasonable compensation for LSC
officers and employees. The Committee expects that any locality
pay will continue to be paid at that percentage.
Marine Mammal Commission
SALARIES AND EXPENSES
Appropriations, 2011.................................... $3,243,000
Budget estimate, 2012................................... 3,025,000
Committee recommendation................................ 3,025,000
The Committee recommendation provides $3,025,000. The
recommendation is $218,000 below the fiscal year 2011 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.
Independent Report.--The Committee appreciates the Marine
Mammal Commission's willingness to assess the 2011 statistical
analysis prepared by the National Park Service [NPS] regarding
the potential displacement of breeding and pupping harbor seals
by shellfish aquaculture at Point Reyes National Seashore. As
part of this on-going review, the Committee urges the
Commission to thoroughly examine the reviews and analyses
prepared by other statisticians on the NPS study to ensure a
comprehensive assessment of all viewpoints. This should include
a response to criticisms that the study: (1) should not have
used data points for 1982-1983; (2) did not account fully for
the impact of an aggressive elephant seal in the Double Point
area on 2003 and 2004 harbor seal populations in Drake's
Estero; and (3) did not accurately interpret aerial photographs
and public health records when converting oyster harvest
records to high/low values for further analysis. It also should
include an analysis of the study's statistical significance if
the 1982-1983 and/or 2003-2004 data are removed.
Office of the United States Trade Representative
SALARIES AND EXPENSES
Appropriations, 2011.................................... $47,730,000
Budget estimate, 2012................................... 51,251,000
Committee recommendation................................ 46,775,000
The Committee recommendation provides $46,775,000 for the
Office of the United States Trade Representative [USTR]. The
recommendation is $955,000 below the fiscal year 2011 level and
$4,476,000 below 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.
State Justice Institute
SALARIES AND EXPENSES
Appropriations, 2011.................................... $5,121,000
Budget estimate, 2012................................... 5,131,000
Committee recommendation................................ 5,019,000
The Committee's recommendation provides $5,019,000 for the
State Justice Institute. The recommendation is $102,000 below
the fiscal year 2011 enacted level and $112,000 below the
budget request.
The Institute was created in 1984 to further the
development and adoption of improved judicial administration in
State courts.
Commission on Wartime Relocation and Internment of Latin Americans of
Japanese Descent
SALARIES AND EXPENSES
Appropriations, 2011....................................................
Budget estimate, 2012...................................................
Committee recommendation................................ $1,700,000
The Committee's recommendation provides $1,700,000 for the
Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
The Committee recommends the following general provisions
for the departments, agencies and commissions funded in the
accompanying bill.
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 prohibits funds from being used to implement,
administer, or enforce any guidelines of the Equal Employment
Opportunity Commission [EEOC] similar to proposed guidelines
covering harassment based on religion published by the EEOC in
October 1993.
Section 507 provides for a penalty for persons found to
have falsely mislabeled products.
Section 508 requires agencies to provide quarterly reports
to the Appropriations Committees regarding unobligated
balances.
Section 509 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 510 limits funds for the sale or export of tobacco
or tobacco products.
Section 511 prohibits user fees for background checks
conducted pursuant to the Brady Handgun Control Act of 1993,
and prohibits implementation of a background check system which
does not require or result in destruction of certain
information.
Section 512 stipulates obligation of receipts available
under the Crime Victims Fund.
Section 513 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 514 limits transfers of funds between agencies.
Section 515 provides that funding for E-government
initiatives are subject to reprogramming guidelines established
by this act.
Section 516 specifies requirements for certain firearms
tracing studies.
Section 517 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 518 prohibits funds to issue certain patents.
Section 519 prohibits the use of funds to support or
justify the use of torture.
Section 520 limits funds pertaining to certain activities
related to the export of firearms.
Section 521 limits funds to process permits to import
certain products.
Section 522 prohibits funds for activities that seek to
include certain language in new trade agreements.
Section 523 prohibits funds to authorize a national
security letter in contravention of the statutes authorizing
the FBI to issue national security letters.
Section 524 requires notification to the Committees in the
event of cost overruns.
Section 525 authorizes funds appropriated for intelligence
activities for the Department of Justice during fiscal year
2012 until the enactment of the Intelligence Authorization Act
for Fiscal Year 2012.
Section 526 directs the departments, agencies, and
commissions funded under this act to establish and maintain on
the homepages of their Internet websites a link to their
Offices of Inspectors General and a method by which individuals
may anonymously report cases of waste, fraud, or abuse.
Section 527 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 528 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 529 specifies rescissions of prior appropriations.
Section 530 prohibits the use of funds to purchase first
class or premium airline travel in contravention of current
regulations.
Section 531 prohibits the use of funds to pay for the
attendance of more than 50 employees at any single conference
outside the United States.
Section 532 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 533 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 534 prohibts funds to the Association of Community
Organizations for Reform Now [ACORN] and its subsidiaries.
Section 535 requires, when practicable, the use of ``Energy
Star'' or ``Federal Energy Management Program'' designated
light bulbs.
Section 536 requires agencies funded in this act to report
on undisbursed balances.
Section 537 prohibits the use of funds to relocate the
Bureau of Census or employees to the Executive Office of the
President.
Section 538 requires agencies to report conference spending
to the Inspectors General.
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 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 30 days of
enactment of this act.
Section 541 authorizes the establishment of a Commission on
Wartime Relocation and Internment of Latin Americans of
Japanese Descent.
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 recommends funding for the following programs
or activities that currently lack an authorization for fiscal
year 2012, either in whole or in part, and therefore fall under
this rule:
APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2012
------------------------------------------------------------------------
Last year of
Agency/Program authorization
------------------------------------------------------------------------
Department of Commerce:
International Trade Administration:
Export Promotion................................ 1996
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
Coastal Zone Management................. 1999
Marine Protection, Research, 2005
Preservation & Sanctuaries.............
National Marine Fisheries Services:
Endangered Species Act Amendment........ 1992
Marine Mammal Protection................ 1999
NOAA Marine Fisheries Program........... 2000
Pacific Coastal Salmon Recovery................. 2009
Department of Justice:
General Administration:
Salaries and Expenses........................... 2009
Justice Information Sharing Technology.......... 2009
Law Enforcement Wireless Communications......... 2009
Administrative Review & Appeals:
Salaries and Expenses........................... 2009
Detention Trustee................................... 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
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
Construction.................................... N/A
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
Children Exposed to Violence................ N/A
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
Safe Havens Program............................. 2011
Education & Training for Disabled Female Victims 2011
Court Training and Improvements Program......... 2011
Family Court Initiative..................... N/A
Research on Violence against Indian Women....... 2008
Engaging Men and Youth in Prevention............ 2011
Services for Children/Youth Exposed to Violence. 2011
Advocates for Youth/Services for Youth Victims 2011
(STARY)........................................
Supporting Teens through Education and 2011
Protection.....................................
National Resource Center on Workplace Responses. 2011
Indian Country--Sexual Assault Clearinghouse.... N/A
OVW Program Management and Administration....... 2009
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
State and local law enforcement assistance:
Byrne Memorial Justice Assistance Grants:
SLATT Intelligence State and Local N/A
Training...............................
State and Local Assistance Help Desk/ N/A
Diagnostic Center......................
Smart Probation......................... N/A
VALOR Initiative........................ N/A
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.......................... 2009
Economic, High-tech and Cybercrime 2012
Prevention.................................
John R. Justice Grants...................... 2014
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
National Forum on Youth Violence Prevention. N/A
Training for Judicial Personnel............. 2005
CASA--Special Advocates..................... 2011
NICS........................................ 2013
Criminal Records Upgrade.................... 2007
Paul Coverdell Forensic Science............. 2009
DNA Analysis/Other Forensics................ 2014
Child Sexual Predator program (for grants 2009
under SOMA [42 U.S.C. 16926])..............
Juvenile Justice Programs:
Juvenile Justice State Formula Grants....... 2007
Juvenile Accountability Block Grants........ 2009
Enforcing Underage Drinking Laws............ 2009
Juvenile Justice Youth Mentoring Grants..... N/A
Community-Based Violence Initiative......... N/A
Investigation and Prosecution Of Child Abuse 2005
Missing and Exploited Children programs..... 2004
COPS Programs:
Methamphetamine Lab Cleanups................ 2010
Transfer to DEA......................... ..............
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 September 15,
2011, the Committee ordered favorably reported an original bill
(S. 1572) making appropriations for the Departments of Commerce
and Justice, and Science, and Related Agencies for the fiscal
year ending September 30, 2012, and for other purposes,
provided, that the bill be subject to amendment and that the
bill be consistent with its spending allocations, by a recorded
vote of 29-1, 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. Kirk
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.
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
Chapter 31--The Attorney General
Sec. 530A. Authorization of appropriations for travel and related
expenses and for health care of personnel serving
abroad
There are authorized to be [appropriated] used from
appropriations, for any fiscal year, for the Department of
Justice, such sums as may be necessary--
(1) for travel and related expenses of employees of
the Department of Justice serving abroad and their
families, to be payable in the same manner as
applicable with respect to the Foreign Service under
paragraphs (2), (3), (5), (6), (8), (9), (11), and (15)
of section 901 of the Foreign Service Act of 1980, and
under the regulations issued by the Secretary of State;
and
(2) for health care for such employees and
families, to be provided under section 904 of that Act.
------
TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS
SUBTITLE II--GENERAL PROGRAM AND POLICY PROVISIONS
Chapter 201--National Aeronautics and Space Program
Subchapter III--General Administrative Provisions
Sec. 20145. Lease of non-excess property
(a) In General.-- * * *
(b) Cash Consideration.--
(1) Fair Market Value.--(A) A person or entity
entering into a lease under this section shall provide
cash consideration for the lease at fair market value
as determined by the Administrator.
(B) Notwithstanding subparagraph (A), the
Administrator may accept in-kind consideration for
leases entered into for the purpose of developing
renewable energy production facilities.
* * * * * * *
SUBTITLE IV--AERONAUTICS AND SPACE RESEARCH AND EDUCATION
Chapter 409--Miscellaneous
Sec. 40902. National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund
(a) Establishment.-- * * *
* * * * * * *
(c) Purpose.-- * * *
(d) Availability of Funds.--The interest accruing from the
National Aeronautics and Space Administration Endeavor Teacher
Fellowship Trust Fund principal shall be available in fiscal
year 2012 for the purpose of the Endeavor Science Teacher
Certificate Program.
------
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 (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 2012: Subcommittee on Commerce, Justice, Science, and
Related Agencies:
Mandatory............................................... 272 272 284 \1\284
Discretionary........................................... 52,701 52,830 63,570 \1\63,517
Security............................................ 84 78 NA NA
Nonsecurity......................................... 52,617 52,752 NA NA
Projections of outlays associated with the recommendation:
2012.................................................... ........... ........... ........... \2\37,893
2013.................................................... ........... ........... ........... 14,311
2014.................................................... ........... ........... ........... 3,485
2015.................................................... ........... ........... ........... 1,900
2016 and future years................................... ........... ........... ........... 2,243
Financial assistance to State and local governments for NA -3,593 NA 11
2012.......................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
Consistent with the funding recommended in the bill for disaster funding and in accordance with section
251(b)(2)(D) of the BBEDCA and section 106 of the Deficit Control Act of 2011, the Committee anticipates that
the Budget Committee will file a revised section 302(a) allocation for the Committee on Appropriations
reflecting an upward adjustment of $135,000,000 in budget authority plus associated outlays.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2011 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2012
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2011 Budget estimate Committee ---------------------------------
appropriation recommendation 2011
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE I--DEPARTMENT OF COMMERCE
International Trade Administration
Operations and administration...................................... 450,106 526,091 441,104 -9,002 -84,987
Offsetting fee collections......................................... -9,439 -9,439 -9,439 ............... ...............
------------------------------------------------------------------------------------
Direct appropriation......................................... 440,667 516,652 431,665 -9,002 -84,987
Bureau of Industry and Security
Operations and administration...................................... 68,862 79,845 66,859 -2,003 -12,986
Defense function............................................... 31,279 31,342 31,279 ............... -63
------------------------------------------------------------------------------------
Total, Bureau of Industry and Security....................... 100,141 111,187 98,138 -2,003 -13,049
Economic Development Administration
Economic development assistance programs........................... 245,508 284,300 220,000 -25,508 -64,300
(Disaster relief category)..................................... ............... ............... 135,000 +135,000 +135,000
------------------------------------------------------------------------------------
Total, Economic Development Assistance Programs.............. 245,508 284,300 355,000 +109,492 +70,700
Salaries and expenses.............................................. 37,924 40,631 37,166 -758 -3,465
------------------------------------------------------------------------------------
Total, Economic Development Administration................... 283,432 324,931 392,166 +108,734 +67,235
Minority Business Development Agency
Minority business development...................................... 30,339 32,322 29,732 -607 -2,590
Economic and Statistical Analysis
Salaries and expenses.............................................. 97,060 112,937 95,119 -1,941 -17,818
Bureau of the Census
Salaries and expenses.............................................. 258,506 272,054 253,336 -5,170 -18,718
Periodic censuses and programs..................................... 891,214 752,711 690,000 -201,214 -62,711
------------------------------------------------------------------------------------
Total, Bureau of the Census.................................. 1,149,720 1,024,765 943,336 -206,384 -81,429
National Telecommunications and Information Administration
Salaries and expenses.............................................. 40,568 55,827 45,568 +5,000 -10,259
Public telecommunications facilities, planning and construction.... 1,000 ............... ............... -1,000 ...............
------------------------------------------------------------------------------------
Total, National Telecommunications and Information 41,568 55,827 45,568 +4,000 -10,259
Administration..............................................
Patent and Trademark Office
Salaries and expenses, current year fee funding.................... 2,090,000 2,678,000 2,678,000 +588,000 ...............
Offsetting fee collections......................................... -2,090,000 -2,678,000 -2,678,000 -588,000 ...............
------------------------------------------------------------------------------------
Total, Patent and Trademark Office........................... ............... ............... ............... ............... ...............
National Institute of Standards and Technology
Scientific and technical research and services..................... 506,984 678,943 500,000 -6,984 -178,943
(Transfer out)................................................. (-9,000) (-9,000) (-9,000) ............... ...............
Industrial technology services..................................... 173,253 237,622 120,000 -53,253 -117,622
Manufacturing Extension Partnerships........................... (128,443) (142,616) (120,000) (-8,443) (-22,616)
Technology Innovation Program.................................. (44,810) (74,973) ............... (-44,810) (-74,973)
Baldrige Performance Excellence Program........................ ............... (7,727) ............... ............... (-7,727)
Advanced manufacturing technology consortia.................... ............... (12,306) ............... ............... (-12,306)
Construction of research facilities................................ 69,860 84,565 60,000 -9,860 -24,565
Working capital fund (by transfer)................................. (9,000) (9,000) (9,000) ............... ...............
------------------------------------------------------------------------------------
Total, National Institute of Standards and Technology........ 750,097 1,001,130 680,000 -70,097 -321,130
National Oceanic and Atmospheric Administration
Operations, research, and facilities............................... 3,179,511 3,377,607 3,134,327 -45,184 -243,280
(by transfer).................................................. (68,000) (66,200) (109,098) (+41,098) (+42,898)
Promote and Develop Fund (transfer out)........................ (-68,000) (-66,200) (-109,098) (-41,098) (-42,898)
Coastal zone management transfer............................... 3,000 ............... ............... -3,000 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 3,182,511 3,377,607 3,134,327 -48,184 -243,280
Procurement, acquisition and construction.......................... 1,332,682 2,052,777 1,833,594 +500,912 -219,183
Pacific coastal salmon recovery.................................... 79,840 65,000 65,000 -14,840 ...............
Fishermen's contingency fund....................................... ............... 350 350 +350 ...............
Coastal zone management fund....................................... -1,000 ............... ............... +1,000 ...............
Fisheries finance program account.................................. -6,000 -10,000 -11,000 -5,000 -1,000
Fisheries Enforcement Asset Forfeiture Fund........................ ............... 8,000 8,000 +8,000 ...............
Offsetting receipts............................................ ............... -8,000 -8,000 -8,000 ...............
Sanctuaries Enforcement Asset Forfeiture Fund...................... ............... 1,000 1,000 +1,000 ...............
Offsetting receipts............................................ ............... -1,000 -1,000 -1,000 ...............
------------------------------------------------------------------------------------
Total, National Oceanic and Atmospheric Administration....... 4,588,033 5,485,734 5,022,271 +434,238 -463,463
Departmental Management
Salaries and expenses.............................................. 57,884 64,871 56,726 -1,158 -8,145
Herbert C. Hoover Building, renovation and modernization........... 14,970 16,150 5,000 -9,970 -11,150
Office of Inspector General........................................ 26,946 33,520 26,946 ............... -6,574
Enterprise cybersecurity monitoring and operations................. ............... 22,612 ............... ............... -22,612
------------------------------------------------------------------------------------
Total, Departmental Management............................... 99,800 137,153 88,672 -11,128 -48,481
====================================================================================
Total, title I, Department of Commerce....................... 7,580,857 8,802,638 7,826,667 +245,810 -975,971
Appropriations........................................... (7,580,857) (8,802,638) (7,691,667) (+110,810) (-1,110,971)
Disaster relief category................................. ............... ............... (135,000) (+135,000) (+135,000)
(by transfer)................................................ (77,000) (75,200) (118,098) (+41,098) (+42,898)
(transfer out)............................................... (-77,000) (-75,200) (-118,098) (-41,098) (-42,898)
====================================================================================
TITLE II--DEPARTMENT OF JUSTICE
General Administration
Salaries and expenses.............................................. 118,251 134,225 115,886 -2,365 -18,339
National Drug Intelligence Center.................................. 33,955 25,000 20,000 -13,955 -5,000
Justice information sharing technology............................. 60,164 54,307 47,000 -13,164 -7,307
Law enforcement wireless communications............................ 99,800 102,751 87,000 -12,800 -15,751
------------------------------------------------------------------------------------
Total, General Administration................................ 312,170 316,283 269,886 -42,284 -46,397
Administrative review and appeals.................................. 300,084 332,583 294,082 -6,002 -38,501
Transfer from immigration examinations fee account............. -4,000 -4,000 -4,000 ............... ...............
------------------------------------------------------------------------------------
Direct appropriation......................................... 296,084 328,583 290,082 -6,002 -38,501
Detention trustee.................................................. 1,515,626 1,595,360 1,563,453 +47,827 -31,907
Office of Inspector General........................................ 84,199 85,057 84,199 ............... -858
United States Parole Commission
Salaries and expenses.............................................. 12,833 13,213 12,577 -256 -636
Legal Activities
Salaries and expenses, general legal activities.................... 863,367 955,391 846,099 -17,268 -109,292
Vaccine injury compensation trust fund............................. 7,833 7,833 7,833 ............... ...............
Salaries and expenses, Antitrust Division.......................... 162,844 166,221 159,587 -3,257 -6,634
Offsetting fee collections--current year....................... -96,000 -108,000 -108,000 -12,000 ...............
------------------------------------------------------------------------------------
Direct appropriation......................................... 66,844 58,221 51,587 -15,257 -6,634
Salaries and expenses, United States Attorneys..................... 1,930,135 1,995,149 1,891,532 -38,603 -103,617
United States Trustee System Fund.................................. 218,811 234,115 234,115 +15,304 ...............
Offsetting fee collections..................................... -214,250 -234,115 -234,115 -19,865 ...............
------------------------------------------------------------------------------------
Direct appropriation......................................... 4,561 ............... ............... -4,561 ...............
Salaries and expenses, Foreign Claims Settlement Commission........ 2,113 2,124 2,071 -42 -53
Fees and expenses of witnesses..................................... 270,000 270,000 270,000 ............... ...............
Salaries and expenses, Community Relations Service................. 11,456 12,967 11,227 -229 -1,740
Assets forfeiture fund............................................. 20,948 20,990 20,990 +42 ...............
------------------------------------------------------------------------------------
Total, Legal Activities...................................... 3,177,257 3,322,675 3,101,339 -75,918 -221,336
United States Marshals Service
Salaries and expenses.............................................. 1,123,511 1,243,570 1,101,041 -22,470 -142,529
Construction....................................................... 16,592 15,625 12,000 -4,592 -3,625
------------------------------------------------------------------------------------
Total, United States Marshals Service........................ 1,140,103 1,259,195 1,113,041 -27,062 -146,154
National Security Division
Salaries and expenses.............................................. 87,762 87,882 86,007 -1,755 -1,875
Interagency Law Enforcement
Interagency crime and drug enforcement............................. 527,512 540,966 516,962 -10,550 -24,004
Federal Bureau of Investigation
Salaries and expenses.............................................. 3,385,216 3,358,000 3,270,000 -115,216 -88,000
Overseas contingency operations (emergency).................... 101,066 ............... ............... -101,066 ...............
Counterintelligence and national security...................... 4,332,873 4,636,991 4,515,000 +182,127 -121,991
------------------------------------------------------------------------------------
Subtotal..................................................... 7,819,155 7,994,991 7,785,000 -34,155 -209,991
Construction....................................................... 107,095 80,982 75,000 -32,095 -5,982
------------------------------------------------------------------------------------
Total, Federal Bureau of Investigation....................... 7,926,250 8,075,973 7,860,000 -66,250 -215,973
Drug Enforcement Administration
Salaries and expenses.............................................. 2,267,433 2,354,114 2,222,084 -45,349 -132,030
Diversion control fund......................................... -251,790 -322,000 -322,000 -70,210 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 2,015,643 2,032,114 1,900,084 -115,559 -132,030
Construction....................................................... ............... 10,000 10,000 +10,000 ...............
------------------------------------------------------------------------------------
Total, Drug Enforcement Administration....................... 2,015,643 2,042,114 1,910,084 -105,559 -132,030
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and expenses.............................................. 1,112,542 1,147,295 1,090,292 -22,250 -57,003
Federal Prison System
Salaries and expenses.............................................. 6,282,410 6,724,266 6,589,781 +307,371 -134,485
Buildings and facilities........................................... 98,957 99,394 90,000 -8,957 -9,394
Limitation on administrative expenses, Federal Prison Industries, 2,700 2,700 2,700 ............... ...............
Incorporated......................................................
------------------------------------------------------------------------------------
Total, Federal Prison System................................. 6,384,067 6,826,360 6,682,481 +298,414 -143,879
State and Local Law Enforcement Activities
Office on Violence Against Women:
Prevention and prosecution programs............................ 417,663 431,750 417,663 ............... -14,087
Salaries and expenses.......................................... ............... ............... 20,580 +20,580 +20,580
(By transfer).............................................. ............... (23,148) ............... ............... (-23,148)
------------------------------------------------------------------------------------
Subtotal................................................. 417,663 454,898 438,243 +20,580 -16,655
Office of Justice Programs:
Research, evaluation and statistics............................ 234,530 178,500 121,000 -113,530 -57,500
State and local law enforcement assistance..................... 1,117,845 1,173,500 1,063,498 -54,347 -110,002
Juvenile justice programs...................................... 275,423 280,000 251,000 -24,423 -29,000
Salaries and expenses.......................................... ............... 271,833 118,572 +118,572 -153,261
(transfer out)............................................. ............... (-63,478) ............... ............... (+63,478)
------------------------------------------------------------------------------------
Subtotal................................................. ............... 208,355 118,572 +118,572 -89,783
Public safety officer benefits:
Death benefits............................................. 61,000 62,000 62,000 +1,000 ...............
Disability and education benefits.......................... 9,082 16,300 16,300 +7,218 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 70,082 78,300 78,300 +8,218 ...............
------------------------------------------------------------------------------------
Total, Office of Justice Programs........................ 1,697,880 1,918,655 1,632,370 -65,510 -286,285
Community Oriented Policing Services:
COPS Programs.................................................. 494,933 669,500 231,500 -263,433 -438,000
Salaries and expenses.......................................... ............... ............... 24,500 +24,500 +24,500
(By transfer).............................................. ............... (40,330) ............... ............... (-40,330)
------------------------------------------------------------------------------------
Total, COPS.............................................. 494,933 709,830 256,000 -238,933 -453,830
OJP, OVW, COPS Salaries and expenses............................... 186,626 ............... ............... -186,626 ...............
------------------------------------------------------------------------------------
Total, State and Local Law Enforcement Activities............ 2,797,102 3,083,383 2,326,613 -470,489 -756,770
====================================================================================
Total, title II, Department of Justice....................... 27,389,150 28,724,339 26,907,016 -482,134 -1,817,323
Appropriations........................................... (27,288,084) (28,724,339) (26,907,016) (-381,068) (-1,817,323)
Emergency appropriations................................. (101,066) ............... ............... (-101,066) ...............
(by transfer)................................................ ............... 63,478 ............... ............... -63,478
(transfer out)............................................... ............... -63,478 ............... ............... +63,478
====================================================================================
TITLE III--SCIENCE
Office of Science and Technology Policy............................ 6,647 6,650 6,000 -647 -650
National Aeronautics and Space Administration
Science............................................................ 4,935,409 5,016,800 5,100,000 +164,591 +83,200
Aeronautics........................................................ 533,930 569,400 501,000 -32,930 -68,400
Space technology................................................... ............... 1,024,200 637,000 +637,000 -387,200
Exploration........................................................ 3,800,683 3,948,700 3,775,000 -25,683 -173,700
Space operations................................................... 5,497,483 4,346,900 4,285,000 -1,212,483 -61,900
Education.......................................................... 145,508 138,400 138,400 -7,108 ...............
Cross-agency support............................................... 3,105,177 3,192,000 3,043,073 -62,104 -148,927
Construction and environmental compliance and restoration.......... 393,511 450,400 422,000 +28,489 -28,400
Office of Inspector General........................................ 36,327 37,500 37,300 +973 -200
------------------------------------------------------------------------------------
Total, National Aeronautics and Space Administration......... 18,448,028 18,724,300 17,938,773 -509,255 -785,527
National Science Foundation
Research and related activities.................................... 5,496,011 6,185,540 5,375,000 -121,011 -810,540
Defense function............................................... 67,864 68,000 68,000 +136 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 5,563,875 6,253,540 5,443,000 -120,875 -810,540
Major research equipment and facilities construction............... 117,055 224,680 117,055 ............... -107,625
Education and human resources...................................... 861,034 911,200 829,000 -32,034 -82,200
Agency operations and award management............................. 299,400 357,740 290,400 -9,000 -67,340
Office of the National Science Board............................... 4,531 4,840 4,440 -91 -400
Office of Inspector General........................................ 13,972 15,000 14,200 +228 -800
------------------------------------------------------------------------------------
Total, National Science Foundation........................... 6,859,867 7,767,000 6,698,095 -161,772 -1,068,905
====================================================================================
Total, title III, Science.................................... 25,314,542 26,497,950 24,642,868 -671,674 -1,855,082
====================================================================================
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
Salaries and expenses.............................................. 9,381 9,429 9,193 -188 -236
Equal Employment Opportunity Commission
Salaries and expenses.............................................. 366,568 385,520 329,837 -36,731 -55,683
State and Local Assistance......................................... ............... ............... 29,400 +29,400 +29,400
------------------------------------------------------------------------------------
Total, Equal Employment Opportunity Commission............... 366,568 385,520 359,237 -7,331 -26,283
International Trade Commission
Salaries and expenses.............................................. 81,696 87,000 80,062 -1,634 -6,938
Payment to the Legal Services Corporation
Salaries and expenses.............................................. 404,190 450,000 396,106 -8,084 -53,894
Marine Mammal Commission
Salaries and expenses.............................................. 3,243 3,025 3,025 -218 ...............
Office of the U.S. Trade Representative
Salaries and expenses.............................................. 47,730 51,251 46,775 -955 -4,476
State Justice Institute
Salaries and expenses.............................................. 5,121 5,131 5,019 -102 -112
Commission On Wartime Relocation and Internment of Latin Americans
of Japanese Descent
Salaries and expenses.............................................. ............... ............... 1,700 +1,700 +1,700
====================================================================================
Total, title IV, Related Agencies............................ 917,929 991,356 901,117 -16,812 -90,239
====================================================================================
TITLE V--RESCISSIONS
Emergency steel, oil gas guarantees prgm (rescission).............. -48,000 -43,064 ............... +48,000 +43,064
NTIA, Information Infrastructure grants (rescission)............... ............... -2,000 -2,000 -2,000 ...............
NTIA, Public telecommunications facilities, planning and ............... ............... ............... ............... ...............
construction......................................................
NTIA, Spectrum fund (rescission)................................... -4,800 ............... ............... +4,800 ...............
Bureau of the Census (rescission).................................. -1,740,000 ............... ............... +1,740,000 ...............
Census, Working capital fund (rescission).......................... -50,000 ............... ............... +50,000 ...............
Foreign fishing observer fund (rescission)......................... ............... -350 -350 -350 ...............
Digital TV Transition Public Safety Fund (rescission).............. ............... -4,300 -4,300 -4,300 ...............
DOJ, Working capital fund (rescission)............................. -26,000 -40,000 -40,000 -14,000 ...............
DOJ, Assets forfeiture fund (rescission)........................... -495,000 -620,000 -620,000 -125,000 ...............
U.S. Marshals Service, salaries and expenses (rescission).......... ............... -7,200 -7,200 -7,200 ...............
FBI, Construction (rescission)..................................... ............... ............... ............... ............... ...............
DEA, Salaries and expenses (rescission)............................ ............... -30,000 -30,000 -30,000 ...............
FPS, Buildings and facilities (rescission)......................... ............... -35,000 -35,000 -35,000 ...............
Office of Justice programs (rescission)............................ -42,000 -42,600 -42,600 -600 ...............
Community oriented policing services (rescission).................. -10,200 -10,200 -10,200 ............... ...............
Violence against women prevention and prosecution programs ............... -5,000 -5,000 -5,000 ...............
(rescission)......................................................
NASA (rescission).................................................. ............... ............... ............... ............... ...............
====================================================================================
Total, title V, Rescissions.................................. -2,416,000 -839,714 -796,650 +1,619,350 +43,064
====================================================================================
Grand total.................................................. 58,786,478 64,176,569 59,481,018 +694,540 -4,695,551
Appropriations........................................... (61,101,412) (65,016,283) (60,142,668) (-958,744) (-4,873,615)
Disaster relief category................................. ............... ............... (135,000) (+135,000) (+135,000)
Emergency appropriations................................. (101,066) ............... ............... (-101,066) ...............
Rescissions.............................................. (-2,416,000) (-839,714) (-796,650) (+1,619,350) (+43,064)
(by transfer)................................................ (77,000) (138,678) (118,098) (+41,098) (-20,580)
(transfer out)............................................... (-77,000) (-138,678) (-118,098) (-41,098) (+20,580)
--------------------------------------------------------------------------------------------------------------------------------------------------------