[House Report 113-171]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-171
======================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2014
_______
July 23, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Wolf, from the Committee on Appropriations, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2787]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for Commerce, Justice, Science, and related
agencies for the fiscal year ending September 30, 2014, and for
other purposes.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of Commerce............................ 2
8
Title II--Department of Justice............................ 20
33
Title III--Science......................................... 57
59
Office of Science and Technology Policy............ 57
59
National Aeronautics and Space Administration...... 57
60
National Science Foundation........................ 64
70
Title IV--Related Agencies................................. 68
73
Commission on Civil Rights......................... 68
73
Equal Employment Opportunity Commission............ 68
74
International Trade Commission..................... 69
74
Legal Services Corporation......................... 70
75
Marine Mammal Commission........................... 71
75
Office of the United States Trade Representative... 71
75
State Justice Institute............................ 72
76
Title V--General Provisions................................ 72
76
Bill Totals
The Committee recommends a total of $47,743,000,000 for the
departments and agencies funded in this bill for fiscal year
2014, including $47,396,000,000 in discretionary budget
authority. This level of discretionary budget authority is
$2,814,000,000, or 5.6 percent, below the fiscal year 2013
level (defined as the amount provided within Public Law 113-6
and excluding emergency funding, the sequester pursuant to
section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985, and any other adjustments imposed by the
Office of Management and Budget pursuant to section 3004 of
Public Law 113-6). The recommended level is also
$3,790,070,000, or 7.4 percent, below the budget request.
Fiscal year 2013 emergency supplemental appropriations totaling
$363,250,000 for departments and agencies funded under this
bill were provided in Public Law 113-2. The recommendation for
fiscal year 2014 does not include any new emergency
supplemental appropriations.
Under account headings in this report, the Committee
includes a comparison of the recommended fiscal year 2014
funding level to a fiscal year 2013 enacted level. In each
case, the fiscal year 2013 enacted level is also defined as the
amount provided within Public Law 113-6 and excluding emergency
funding, the 251A sequester, and any other adjustments imposed
by the Office of Management and Budget pursuant to section 3004
of Public Law 113-6.
The funding allocation for the fiscal year 2014 bill
reflects the critical need to rein in government expenditures
in the face of extraordinary deficits. Spending reductions are
an essential component of putting the Nation on the path to
economic recovery, job creation and financial security.
Reductions in discretionary spending, such as those included in
the Committee recommendation, are one part of the overall
effort that will be required to restore fiscal health. The
Committee recommendation terminates 39 programs, resulting in
savings of more than $500,000,000 from the fiscal year 2013
level and $600,000,000 from the President's request for these
same programs.
Oversight and Budget Review
During its review of the fiscal year 2014 budget request
and execution of appropriations for fiscal year 2013, the
Subcommittee on Commerce, Justice, Science, and Related
Agencies held 11 budget and oversight hearings. In addition to
receiving testimony from Administration officials representing
the departments and agencies funded in this bill, the Committee
received testimony from expert witnesses, Members of Congress
and 37 public witnesses. The Committee hearings are listed
below:
Hearing Hearing Date
Department of Commerce Inspector General................ 3/5/2013
National Aeronautics and Space Administration Inspector 3/13/2013
General................................................
Department of Justice Inspector General................. 3/14/2013
National Science Foundation Director.................... 3/19/2013
Federal Bureau of Investigation Director................ 3/19/2013
National Aeronautics and Space Administration 3/20/2013
Administrator..........................................
Members of Congress and Public Witnesses................ 3/21/2013
Acting Secretary of Commerce............................ 4/11/2013
Drug Enforcement Administration Administrator........... 4/12/2013
Bureau of Prisons Director.............................. 4/17/2013
Attorney General........................................ 4/18/2013
As part of the Committee's oversight and analysis of the
Administration's budget request, the Committee submitted a
number of requests for additional information and written
questions to be answered by the departments and agencies. These
materials are important for the Committee in conducting
oversight and making funding recommendations.
In furtherance of this oversight responsibility, the
Committee began in fiscal year 2012 to require the major
agencies funded in this bill to provide information on the
status of balances of appropriations, including amounts that
are: unobligated and uncommitted; committed to contracts,
grants or other planned obligations; and obligated but
unexpended. The Committee found that the agencies cannot, in
all cases, provide a comprehensive picture of the status of
balances.
The accurate and comprehensive reporting of balances
enables the Committee to determine the amount of appropriations
necessary to accomplish program purposes. The Committee
recommendations under certain accounts in this report include
direction concerning the use, or rescission, of unobligated
balances.
Section 507 requires detailed quarterly reports from the
Departments of Commerce and Justice, the National Aeronautics
and Space Administration (NASA), and the National Science
Foundation (NSF) on the status of unobligated balances,
commitments and obligations, including the source year, or
obligation year, of balances. The Committee expects that agency
reports will show the status of balances at the appropriation
account level, as well as at budget activity or other lower
levels where such levels are reflected in the Committee's
report accompanying an appropriations act. The Committee
directs the agencies included in section 507 of this Act to
take the necessary administrative actions (including, when
necessary, the reconfiguration of internal accounting systems)
to capture and routinely report this information.
Major Themes and Initiatives
In the context of reducing overall discretionary spending
in the bill, the Committee's funding recommendations focus
resources on the areas of highest priority, reflecting the
Committee's assessment of national priorities and ongoing
challenges.
Law enforcement and national security.--Defending the
Nation from both internal and external threats remains the
Department of Justice's highest priority. This bill provides
essential technological and human capital to detect, disrupt
and deter threats to our national security. The bill provides
$8.12 billion for the Federal Bureau of Investigation. This
level includes funding for counterterrorism efforts and to
continue the development of capabilities to prevent and
investigate cyber intrusions. The bill also provides $1.97
billion for the Drug Enforcement Administration (DEA) and $1.14
billion for the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF). Funding for the ATF will maintain agent and
inspector staffing levels to enforce existing gun laws. In
addition, the bill includes a total of $1.8 billion in
discretionary appropriations for Justice grant programs
including $413 million for Violence Against Women Prevention
and Prosecution programs and $465 million for Byrne Justice
Assistance Grants providing support for a broad range of State
and local criminal justice needs.
More accurate and timely weather forecasts and warnings.--
The mission of the National Weather Service is to provide
forecasts and warnings for the protection of life and property
and enhancement of the national economy. Recent events,
including Superstorm Sandy and tornadoes in Oklahoma and
elsewhere, remind us of the loss of life, tragedy and
disruption that can result from severe weather. The bill
includes $1.06 billion for the operations and systems of the
National Weather Service, an increase of $8 million above the
request. In addition, the bill provides the requested amounts
for two next-generation National Oceanic and Atmospheric
Administration (NOAA) flagship weather satellite programs: the
Joint Polar Satellite System (JPSS) ($824 million); and the
Geostationary Operational Environmental Satellite-R Series
(GOES-R) ($955 million). These amounts will allow NOAA to
maintain acquisition and launch schedules and minimize any
future gaps in data that are critical to forecast accuracy.
American innovation and competitiveness.--Investments in
scientific research are a key to long-term economic growth.
Basic research leads to innovation and improves the
competitiveness of American businesses, leading, in turn, to
positive impacts on the quality of life for all Americans. The
bill includes $7.0 billion for the NSF for basic scientific
research, and $784 million for research and standards work at
the National Institute of Standards and Technology (NIST),
including $120 million for Manufacturing Extension Partnerships
to increase the competitiveness of the Nation's manufacturers.
NASA's aeronautics research enables continuous innovation in
the aviation and space industries. The bill includes $566
million for aeronautics research, an increase of $7 million
above fiscal year 2013. An efficient patent process is also
critical for innovation and economic growth. The bill provides
$3.0 billion for the Patent and Trademark Office (PTO), the
full estimate of fee collections for fiscal year 2014, and an
increase of $146 million above fiscal year 2013. Finally, the
bill includes over $1 billion for science, technology,
engineering and math (STEM) education programs across NSF, NASA
and NOAA.
Committee Recommendation by Title
Department of Commerce.--In title I of the bill, for the
Department of Commerce, the Committee recommends a total of
$7.5 billion in discretionary budget authority, which is $198
million below fiscal year 2013 and $1 billion below the
request. Highlights of the Committee's recommendation include:
$3 billion for PTO, which is equal to the
amount of fee collections estimated by the
Congressional Budget Office, and an increase of $146
million, or 5 percent, above fiscal year 2013;
$784 million for NIST, which is $25 million
below fiscal year 2013, including $609 million for
scientific and technical research and $120 million for
the Manufacturing Extension Partnership (MEP); and
$4.9 billion for NOAA, $89 million below
fiscal year 2013. The bill supports critical weather
forecasting programs, including the requested amounts
of $824 million for JPSS development, and $955 million
for GOES-R development. In addition, the bill includes
$8 million above the request for National Weather
Service local warnings and forecast operations and
systems.
Department of Justice.--In title II of the bill, for the
Department of Justice, the Committee recommends a total of
$26.3 billion in discretionary budget authority, which is $720
million below fiscal year 2013 and $1.8 billion below the
request. Highlights of the Committee's recommendation include:
$8.1 billion for the FBI, an increase of $11
million above fiscal year 2013, including continuing
funding for national security programs, investigations
of cyber attacks, violent gang crime, and financial and
mortgage fraud;
$2.0 billion for the DEA, which is $43
million below fiscal year 2013, and an additional $335
million for prescription drug abuse regulatory and
enforcement initiatives funded by diversion control
fees;
$6.7 billion for the Bureau of Prisons,
which is $110 million below fiscal year 2013; and
$1.8 billion for discretionary State and
local law enforcement assistance, including $413
million for violence against women prevention and
prosecution programs.
Science.--In title III of the bill, for the Office of
Science and Technology Policy (OSTP), NASA and NSF, the
Committee recommends a total of $23.6 billion. Highlights of
the Committee's recommendation include:
$16.6 billion for NASA, which is $928
million below fiscal year 2013 and $1.1 billion below
the request, including:
$3.6 billion for Exploration,
including funding to keep NASA on schedule for
upcoming Multi-Purpose Crew Vehicle and Space
Launch System flight milestones, and to
continue progress on a commercial crew program;
$3.7 billion for Space Operations,
continuing the operation of the International
Space Station; and
$4.8 billion for Science programs,
including $1.3 billion for planetary science to
ensure the continuation of critical research
and development programs that were imperiled by
the President's request.
$7 billion for the NSF, which is $259
million below fiscal year 2013 and $631 million below
the request for basic scientific research and science
education programs.
Related agencies.--In title IV of the bill, the Committee
recommends a total of $800 million, a decrease of $71 million
below fiscal year 2013 and $162 million below the request.
Highlights of the Committee's recommendation include:
$300 million for the Legal Services
Corporation, which is $58 million below fiscal year
2013;
$355 million for the Equal Employment
Opportunity Commission, which is $8 million below
fiscal year 2013; and
$50 million for the Office of the United
States Trade Representative, which is $289,000 below
fiscal year 2013.
Cybersecurity at Federal Agencies
The security of Federal agency computer information systems
is essential to protecting national and economic security as
well as ensuring public safety. Safeguarding such systems and
the information they contain has been on the Government
Accountability Office's (GAO) list of high-risk areas since
1997. Risks to such systems include escalating and emerging
threats from around the globe, which are further heightened by
steady advances in the sophistication of attack technology and
the ease of obtaining and using hacking tools.
In fiscal year 2013 the Committee directed each department
and agency funded in this bill to submit an annual report to
the Committee describing the cyber attacks and attempted cyber
attacks against such department or agency and their
consequences; the steps taken to prevent, mitigate or otherwise
respond to such attacks; and the cybersecurity policies and
procedures in place, including policies about ensuring safe use
of computer and mobile devices by individual employees. The
report shall include a description of all outreach efforts
undertaken to increase awareness among employees and
contractors of cybersecurity risks. The Committee expects each
department and agency to submit the annual cybersecurity report
for 2013 by February 5, 2014.
In addition, section 515 of the recommended bill requires
the Departments of Commerce and Justice, NASA and NSF to assess
the risk of cyber-espionage or sabotage before acquiring any
information technology system. Furthermore, if those same
agencies plan to acquire systems produced by entities owned,
directed or subsidized by the People's Republic of China, they
must first make a determination that to do so is in the
national interest. Each department or agency covered under
section 515 shall submit quarterly reports to the Committee
describing any such assessments done, and in addition shall
summarize the results of such assessments in the annual
cybersecurity report described in the preceding paragraph.
Reprogramming Procedures
Section 505 of the bill contains language concerning the
reprogramming of funds between programs, projects and
activities. The Committee reminds the departments and agencies
funded under this bill that the reprogramming process is based
on comity between the Congress and the Executive Branch. This
process is intended to provide departments and agencies
sufficient flexibility to meet changing circumstances and
emergent requirements not known at the time of Congressional
review of the budget while preserving Congressional priorities
and intent. In the absence of comity and respect for the
prerogatives of the Appropriations Committees and Congress in
general, the Committee may opt to include specific program
limitations and details in legislation and remove language
providing the flexibility to reallocate funds. Under these
circumstances, programs, projects and activities become
absolutes and the executive branch shall lose the ability to
propose changes in the use of appropriated funds except through
legislative action.
The Committee expects that each department and agency
funded in this bill shall follow the directions set forth in
this bill and the accompanying report, and shall not reallocate
resources or reorganize activities except as provided herein.
Reprogramming procedures shall apply to funds provided in this
bill, unobligated balances from previous appropriations Acts
that are available for obligation or expenditure in fiscal year
2014, and non-appropriated resources such as fee collections
that are used to meet program requirements in fiscal year 2014.
As specified in section 505, the Committee expects that the
Appropriations Subcommittees on Commerce, Justice, Science, and
Related Agencies of the House and Senate will be notified by
letter a minimum of 15 days (or in the case of the Department
of Justice 45 days) prior to any reprogramming of funds that--
1. creates or initiates a new program, project or
activity;
2. eliminates a program, project or activity;
3. increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
4. relocates an office or employees;
5. reorganizes or renames offices, programs or
activities;
6. contracts out or privatizes any functions or
activities presently performed by Federal employees;
7. augments existing programs, projects or activities
in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10
percent; or
8. results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects or
activities as approved by Congress.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. The Committee
further expects any department or agency funded in this bill
which plans a reduction-in-force to notify by letter the
Committee 30 days in advance of the date of any such planned
personnel action.
Relationship with Budget and Comptroller Offices
Through the years the Appropriations Committee has
channeled most of its inquiries and requests for information
and assistance through the budget offices or comptroller
organizations of the various departments, agencies and
commissions. Such relationships are necessary to accomplish the
work of the Committee. While the Committee reserves the right
to call upon all organizations in the departments, agencies and
commissions for information and assistance, the primary contact
between the Committee and these entities must be through the
budget offices and comptroller organizations, or through a
legislative affairs unit designated by the Committee to work on
appropriations and budget matters.
The workload generated in the budget process is large and
growing; therefore, a positive, responsive relationship between
the Committee and the budget and/or comptroller offices is
essential for the Committee to fulfill the Constitutional
appropriations responsibilities of Congress.
Science, Technology, Engineering and Math Education
The President's budget request for fiscal year 2014
included a major restructuring of Federal STEM education
programs, including the consolidation of many STEM education
activities underway government-wide into the National Science
Foundation, the Department of Education and the Smithsonian
Institution. The Committee supports the concept of improving
efficiency and effectiveness through streamlining and better
coordination, but does not believe that this particular
restructuring proposal achieves that goal. The ideas presented
in the budget request lack any substantive implementation plan
and have little support within the STEM education community. In
addition, the request conflicts with several findings and
activities of the National Science and Technology Council
Committee on STEM Education, most notably on the question of
whether agency mission-specific fellowship and scholarship
programs are a viable target of interagency coordination
efforts. For these reasons, the Committee's recommendation does
not adopt the pending interagency restructuring, and no funds
provided in this bill shall be used to implement that proposal.
Individual components of the request, such as the consolidation
of programs within a particular agency or the termination of a
program slated for consolidation, may be incorporated into the
Committee's recommendation, but only on a case-by-case basis
when such actions are independently justifiable. Details about
any such instances can be found under the appropriate agency
headings.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends $451,000,000 in total resources
for the programs of the International Trade Administration
(ITA), which is $22,694,000 below fiscal year 2013 and
$78,196,000 below the request. This amount is offset by
$9,439,000 in estimated fee collections, resulting in a direct
appropriation of $441,561,000. Funds shall be distributed as
follows; any deviation shall be subject to the procedures set
forth in section 505 of this Act:
Industry and Analysis................................. $53,000,000
Enforcement and Compliance............................ 72,000,000
Global Markets........................................ 305,000,000
Executive Direction/Administration.................... 21,000,000
-----------------
Total............................................. $451,000,000
Consolidation.--During fiscal year 2013, the Committee
approved a consolidation within ITA that is expected to reduce
administrative overhead and improve delivery of services. The
Committee expects that this reorganization will enable ITA to
enhance key export promotion programs; target emerging markets;
expand market access; and enforce trade agreements more
aggressively. The Committee directs ITA to provide regular
updates regarding implementation of the new organizational
structure, with a particular emphasis on the merger of the U.S.
and Foreign Commercial Service (U.S.&FCS) with Market Access
and Compliance into ``Global Markets'' and the consolidation of
trade promotion programs into the new ``Industry and Analysis''
unit.
U.S.&FCS.--The Committee recommends $305,000,000 for Global
Markets, which includes the U.S.&FCS. The Committee recognizes
the important export promotion work done around the world by
the U.S.&FCS and expects that funding for the U.S.&FCS will be
prioritized under the consolidation.
U.S. Export Assistance Centers.--The Committee directs ITA
to brief the Committee no later than 90 days after the
enactment of this Act regarding plans to address concerns
raised in the November 2012 Commerce Inspector General (IG)
Report, U.S. Export Assistance Centers Could Improve Their
Delivery of Client Services and Cost Recovery Efforts.
SelectUSA.--The recommendation does not include funds
requested for the SelectUSA initiative. Active State and county
programs exist that encourage foreign direct investment and
data show that the U.S. remains a leading investment choice for
foreign firms. The Committee instead directs ITA to concentrate
efforts on its core mission of promoting the export of U.S.
products and services and maintaining an aggressive enforcement
and compliance program.
Interagency Trade Enforcement Center (ITEC).--The
recommendation includes up to $6,300,000 for ITA's
participation in the ITEC. The Committee expects that no funds
provided under this account will be used to reimburse other
agencies for non-ITA costs associated with ITEC or otherwise
subsidize the costs of other agencies' participation in ITEC.
China antidumping and countervailing duty activities.--The
Committee retains bill language directing ITA to spend no less
than $16,400,000 for China antidumping and countervailing duty
enforcement and compliance activities. The Committee directs
ITA to submit a report no later than 180 days after the
enactment of this Act that describes how its antidumping and
countervailing duties activities will continue and improve
following the recent reorganization. This report shall also
include a discussion of the access of small- and medium-sized
enterprises to the remedies contained in the U.S. antidumping
and countervailing duty laws and an analysis of the merits of
including State and local governments as interested parties
under the U.S. trade laws. The Committee is aware of a
Government Accountability Office (GAO) review regarding these
topics and expects this analysis to inform ITA's report to the
Committee.
Trade enforcement remedies.--The Committee directs ITA, in
cooperation with the Office of the U.S. Trade Representative
(USTR), to employ all remedies authorized by World Trade
Organization rules to counter the effects of the Chinese
government's extensive subsidies and their impact on U.S.
products and services. The Committee also directs the Secretary
of Commerce, in consultation with other relevant executive
branch agencies, to assess the extent to which existing laws
provide remedies against anticompetitive actions of Chinese
state-owned or state-invested enterprises operating in the U.S.
market. This assessment shall include for possible
consideration additional legal remedies that may be necessary.
The ITA shall submit this report to the Committee no later than
180 days after the enactment of this Act.
Human rights training.--The Committee directs ITA to
continue to ensure that current and new customer-facing
employees receive human rights training and provide a report to
the Committee no later than 120 days after the enactment of
this Act regarding this effort.
Trade secrets.--The Committee is concerned about the
insufficient level of attention given to trade secret theft and
the pace at which it is being addressed by the U.S. government,
particularly with respect to China. The Committee directs the
Department of Commerce to submit a report no later than 120
days after the enactment of this Act regarding efforts to
address this issue, including any plans to address disclosure
requirements for obtaining permits or licenses.
Support for firms.--The Committee encourages ITA to ensure
that it is providing adequate support and services for women-,
minority- and veteran-owned firms that are seeking assistance
in gaining access to foreign markets for their products and
services. The Committee recognizes that these firms possess
tremendous economic potential if they participate more actively
and effectively in export markets. As such, the Committee urges
ITA to reach out to and promote such firms to enable them to
contribute to our trade goals of creating jobs and increasing
exports.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The Committee recommends $94,000,000 for the Bureau of
Industry and Security (BIS), which is $5,885,000 below fiscal
year 2013 and $18,095,000 below the request. Funds shall be
distributed as follows; any deviation shall be subject to the
procedures set forth in section 505 of this Act:
Export Administration................................. $54,000,000
Export Enforcement.................................... 36,000,000
Management and Policy Coordination.................... 4,000,000
-----------------
Total............................................. $94,000,000
Export Enforcement.--The Committee expects that continued
export control reform will result in process efficiencies and
savings. The Committee directs BIS to continue providing
quarterly updates regarding these reforms and how these process
improvements will enhance BIS' ability to conduct due diligence
before an export license is granted and adequately conduct end-
use checks, pre-license checks, and post-shipment verification.
Economic Development Administration
The Committee recommends $220,500,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA), which is $80,000 below fiscal year 2013
and $100,413,000 below the request.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee recommendation includes $184,500,000 for
Economic Development Assistance Programs, which is $716,000
above the fiscal year 2013 level and $97,500,000 below the
request. Funds shall be distributed as follows; any deviation
shall be subject to the procedures set forth in section 505 of
this Act:
Public Works.......................................... $95,000,000
Planning.............................................. 29,000,000
Technical Assistance.................................. 12,000,000
Research and Evaluation............................... 1,500,000
Trade Adjustment Assistance........................... 10,000,000
Economic Adjustment Assistance........................ 32,000,000
Innovative Manufacturing Loans........................ 5,000,000
-----------------
Total............................................. $184,500,000
Shift from traditional economic development role.--The
Committee remains concerned that EDA continues to propose a
shift in focus away from providing economic development
assistance to areas of the United States experiencing chronic
high unemployment, underemployment, outmigration, and low per
capita income. The fiscal year 2014 request for EDA includes
more for programs authorized in the America COMPETES Act than
for Public Works and Economic Development Act (PWEDA) programs.
With the exception of the Innovative Manufacturing Loans noted
below, the Committee rejects this shift in program focus. The
hallmark of EDA has been its ability to provide struggling
communities with small investments in order to achieve
significant returns. The Committee again has prioritized
funding for Public Works. The Committee reminds EDA to ensure
that Economic Adjustment Assistance (EAA) programs do not
interfere with EDA's mission to provide needed basic
infrastructure to economically distressed communities. The
Committee expects EDA to continue its efforts to assist
communities impacted by economic dislocations in the coal and
timber industries at no less than the fiscal year 2006 level
and to prioritize assistance to distressed rural communities,
particularly those with persistently high poverty levels. With
the exception noted below, the Committee directs EDA to ensure
that grant decision-making authority is maintained in the
regional offices.
Repatriation grants.--Of the amount provided for EAA, EDA
shall use $5,000,000 to continue efforts to encourage U.S.
firms to relocate their manufacturing or services back to the
United States. The Committee directs EDA to submit a report no
later than 180 days after the enactment of this Act describing
the number and types of entities and industries that sought to
take advantage of this program, as well as a list of grants
approved during fiscal year 2013. The Committee encourages EDA
to make prospective grantees aware of the Assessing Costs
Everywhere (ACE) tool described under the Departmental
Management heading of this report.
Innovative manufacturing loans.--The recommendation
includes $5,000,000 for loan guarantees under section 26 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3721). The Committee expects all funding for this program, from
fiscal year 2014 and prior years, to be administered in
accordance with the program's legal requirements under 15
U.S.C. 3721 and not under the requirements of PWEDA. In
addition, to ensure that limited program funds are leveraged to
the maximum extent in support of innovative technologies in
manufacturing, the Committee directs the EDA to centrally
administer all available program funds from fiscal year 2014
and prior years associated with this program, rather than first
dividing funds among the EDA regions. In addition, the
Committee is disappointed with EDA's timeline for
implementation of this program, in which initial loan
guarantees are not expected to be issued prior to 2015. The
Committee directs EDA to expedite implementation of the program
and to report to the Committee no later than 60 days after the
enactment of this Act on EDA's progress in this regard,
including an updated timeline of projected steps toward
issuance of initial loan guarantees. The Committee further
directs EDA, as it implements this program, to consult with the
Manufacturing Extension Partnership (MEP) program.
Trade Adjustment Assistance Centers (TAACs).--The Committee
includes $10,000,000 for the TAACs. The Committee directs EDA
to review the program, including any issues raised in recent IG
and GAO reports on the Centers, and provide a report to the
Committee no later than 180 days after the enactment of this
Act with recommendations for improving the program. The
Committee expects EDA to include in this report any
recommendations for increasing competition in this program.
Small and medium-sized manufacturers.--The Committee
encourages EDA to continue to support and participate in
public-private partnerships to support American manufacturing,
and further encourages EDA to work through partnerships to
connect small and medium-sized manufacturers with information
technology, education, and training, to help create
manufacturing jobs and enhance the global competitiveness of
small and medium-sized American manufacturers.
SALARIES AND EXPENSES
The Committee recommendation includes $36,000,000 for EDA
salaries and expenses (S&E), which is $796,000 below fiscal
year 2013 and $2,913,000 below the request. The Committee
understands that EDA used scarce S&E resources to participate
in the SelectUSA program during fiscal year 2013 even though no
funds were requested or provided for such purposes. The
Committee recommendation for fiscal year 2014 does not include
funding for SelectUSA.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The Committee recommendation includes $27,000,000 for the
Minority Business Development Agency (MBDA), which is
$1,151,000 below fiscal year 2013 and $2,286,000 below the
request.
Assistance for agricultural and manufacturing start-ups.--
The Committee notes that manufacturing and agricultural start-
up companies often face particular challenges that can impede
their chances of success. Therefore, the Committee directs MBDA
to work with the MEP program at the National Institute of
Standards and Technology (NIST) and with ITA to see how their
efforts can be better coordinated to ensure that Commerce is
able to provide end-to-end services for startup businesses,
including ones that are minority-owned.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The Committee recommends $93,430,000 for economics and
statistical analysis, which is $4,917,000 below fiscal year
2013 and $10,618,000 below the request.
Bureau of the Census
The Committee recommends $844,738,000 for the Bureau of the
Census, which is $44,460,000 below fiscal year 2013 and
$137,746,000 below the request. The Committee expects Census to
continue to provide the Committee with periodic updates on
efforts to increase transparency with regard to the Census
Working Capital Fund (WCF).
SALARIES AND EXPENSES
The Committee recommends $238,873,000 for the salaries and
expenses of the Bureau of the Census, which is $12,572,000
below fiscal year 2013 and $17,175,000 below the request. Funds
shall be distributed as follows; any deviation shall be subject
to the procedures set forth in section 505 of this Act:
Current Economic Statistics........................... $167,000,000
Current Demographic Statistics........................ 69,373,000
Survey Development and Data Services.................. 2,500,000
-----------------
Total............................................. $238,873,000
PERIODIC CENSUSES AND PROGRAMS
The Committee recommends $605,865,000 for periodic censuses
and programs, which is $31,888,000 below fiscal year 2013 and
$120,571,000 below the request. Funds shall be distributed as
follows; any deviation shall be subject to the procedures set
forth in section 505 of this Act:
Economic Statistics Programs:
Economic Censuses................................. $114,000,000
Census of Governments............................. 8,000,000
Demographic Statistics Programs:
Intercensal Demographic Estimates................. 7,000,000
2020 Decennial Census............................. 390,865,000
Demographic Surveys Sample Redesign............... 8,000,000
Geographic Support................................ 50,000,000
Data Processing System............................ 28,000,000
-----------------
Total............................................. $605,865,000
2020 Decennial Census.--The Committee recommends
$390,865,000 for the 2020 Decennial Census. This level of
funding to prepare for the next decennial census underscores
the Committee's views that research and testing efforts are
vital to ensuring that the 2020 Census is the most accurate and
cost effective decennial yet. The Committee directs the Census
Bureau to provide a baseline integrated schedule of research,
testing, planning, decision-making, and other activities
critical to the success of the 2020 Decennial Census no later
than 90 days after the enactment of this Act. This schedule
shall include the assignment of resources for each activity in
order to better account for the cost effects of possible
schedule slippage. As part of this baseline, the Census Bureau
shall include a list of specific design choices for the 2020
Decennial, including for each decision: the planned timing of
the decision; descriptions of the options under consideration;
an estimate of the relative cost of each option and how that
compares to the cost of elements of the 2010 Census activity
being replaced, where possible; and an explanation of the
expected quality differences between options, if any. The
Committee directs the Census Bureau to consult with the GAO
regarding this effort.
Information technology (IT) security.--The Committee
expects the Census Bureau to continue efforts to improve
operational efficiency and reduce costs by creating shared and
reusable IT services that can be used to support all surveys
and censuses. The Committee supports this effort as a way to
economize and avoid major procurements that are developed for
onetime use. The Committee is also aware that the Census Bureau
is researching capabilities and requirements associated with a
mobile computing infrastructure to support the use of multiple
mobile devices by enumerators in collecting information from
households and institutions. In pursuing these initiatives, the
Committee also expects the Census Bureau to address concerns
raised by the GAO in its 2013 report, Information Security:
Actions Needed by Census Bureau to Address Weaknesses, which
found that the Census Bureau has not fully implemented a
comprehensive information security program to ensure that
controls are effectively established and maintained. The GAO
was critical of the Census Bureau for not documenting
identified information security risks, updating certain
security management program policies, adequately enforcing user
requirements for security and awareness training, or
implementing policies and procedures for incident response. The
Committee directs the Census Bureau, in coordination with the
IG and the Department's Chief Information Officer (CIO), to
develop a plan to address the concerns raised by the GAO and
provide a report to the Committee no later than 90 days after
the enactment of this Act regarding these efforts. The
Committee directs the Census Bureau to coordinate these efforts
with NIST to ensure compliance with security standards and best
practices.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The Committee recommends $42,874,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA), which is $2,257,000 below fiscal year
2013 and $9,248,000 below the request.
Broadband Technology Opportunities Program.--The Committee
directs NTIA to continue submitting quarterly reports on the
Broadband Technology Opportunities Program. NTIA shall include
specific reporting on the seven projects that are supporting
deployment of 700 MHz public safety broadband networks and
describe how these projects will be coordinated with
``FirstNet'' established under Public Law 112-96. The Committee
expects NTIA to continue providing periodic updates regarding
all ``FirstNet'' activities at NTIA and NIST.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $3,024,000,000 for the United
States Patent and Trademark Office (PTO), the full amount of
fiscal year 2014 fee collections estimated by the Congressional
Budget Office. The spending authority provided represents an
increase of $145,816,000, or 5 percent, above fiscal year 2013.
The recommendation continues language making available any
excess fee collections above the level estimated and
appropriated in this Act.
Quarterly reports.--The Committee directs PTO to continue
providing quarterly reports on its projected fee collections.
In addition, PTO shall include in this report the number of
examiners and administrative patent judges hired and the number
separated; the average pendency time to first action and
average pendency to disposal; and updates on the various
backlogs.
Reprogramming and reserve.--The Committee is aware that PTO
has established an operating reserve fund, and understands that
PTO has presented no planned obligations from this fund during
fiscal year 2014. Prior to obligating any of the funds in the
operating reserve during fiscal year 2014, the PTO shall submit
to the Committee a reprogramming notification with a spending
plan describing the intended uses of funds. The Committee
expects that any such reprogramming will describe how the
expenditure of these reserve funds will improve patent quality,
reduce the backlog of pending applications and appeals, improve
the information technology infrastructure or otherwise improve
the efficiency and effectiveness of PTO.
Information technology.--The Committee directs PTO to
report no later than 120 days after the enactment of this Act
regarding the current status of the Patents End-to-End program,
to include patent processing efficiencies realized and savings
to be achieved in retiring existing IT systems.
Security concerns.--The Committee appreciates PTO's
responsiveness to concerns about secrecy orders and third party
cybersecurity standards and directs PTO to provide regular
updates to the Committee regarding these activities.
National Institute of Standards and Technology
The Committee recommends $784,038,000 for NIST, which is
$24,666,000 below fiscal year 2013 and $144,254,000 below the
request.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The Committee recommends $609,038,000 for NIST's scientific
and technical programs, which is $476,000 below fiscal year
2013 and $84,707,000 below the request.
Advanced manufacturing.--The Committee understands the
critical importance of advanced manufacturing and how
investments in research drive innovation, efficiencies, and
domestic job growth. The recommendation, therefore, includes
funding to expand NIST laboratory efforts to support
measurement science and data infrastructure for the manufacture
of emerging materials and emerging technologies; precision
measurements for manufacturers; and the integration and use of
smart manufacturing technologies.
Cybersecurity research and development and standards.--
Recognizing NIST's critical role in developing cybersecurity
standards for both the public and private sectors, the
recommendation includes funding to strengthen NIST's core
cybersecurity research and development programs.
Centers of Excellence.--The recommendation includes up to
$7,000,000 for the Centers of Excellence initiative. The
Committee continues to support establishment of Centers focused
on innovations in measurement science and new technology
developments, including advanced communications, advanced
manufacturing, biomanufacturing, cyberphysical systems, and
quantitative biology. The Committee encourages NIST to consider
the establishment of a Center on enhancing U.S. advanced
manufacturing competitiveness and commercialization
technologies in carbon nanomanufacturing.
Web services security.--The Committee is aware of NIST's
efforts to establish standards on security for government cloud
computing as published in its 2013 NIST Cloud Computing
Security Reference Architecture. The Committee directs NIST to
provide a report to the Committee no later than 120 days after
the enactment of this Act regarding national security and
economic security vulnerabilities for U.S. government and
private sector parties in data storage and the provision of web
services, such as cloud computing. This report should include a
focus on the provision of such services by Chinese companies
and whether specific mitigation, abatement, or notice
provisions are necessary.
Tornado resistant structures.--While NIST has made great
strides in developing and encouraging the adoption of standards
to make buildings more fire, wind and earthquake resistant, the
Committee is concerned that insufficient progress has been made
in the development and adoption of cost-effective measures to
make homes and businesses more disaster resilient in tornado-
prone areas of the South, the West and Midwest. The Committee
encourages NIST to expand its current research to develop
tornado resistant buildings, including inexpensive safe house
modular rooms that could be quickly adopted by the construction
industry.
Canine detection standards.--The Committee recognizes
detection canine teams play a critical role in law enforcement
and homeland security efforts yet no widely accepted standards
or protocols exist on the breeding, training, and deployment of
detection canine teams. The Committee encourages NIST to
continue its existing research programs on canine olfactory
detection of explosives and to collaborate with subject matter
experts in academia, the private sector, and Federal, State,
and local stakeholders as appropriate to develop breeding,
training, and deployment standards and protocols for detection
canine teams.
Lyme disease.--The Committee is pleased that NIST is
planning a workshop to develop measurements to more accurately
assess the presence of acute and chronic Lyme disease and
encourages NIST to continue research efforts in this area.
Textile research.--The Committee recognizes the importance
of the U.S. textile industry and encourages NIST to pursue
advanced textile and apparel research and manufacturing
activities.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee includes $120,000,000 for industrial
technology services, which is $20,316,000 below fiscal year
2013 and $54,507,000 below the request. This amount includes
$120,000,000 for the MEP program, which is $6,088,000 below the
fiscal year 2013 enacted level and $33,078,000 below the
request. The Committee reiterates its support for the MEP
program which helps U.S. businesses streamline manufacturing
techniques and increase efficiency and profits through training
resources as well as specific project assistance to the U.S.
domestic manufacturing industry. The Committee expects NIST to
work with the IG to resolve issues contained in prior audits of
various MEP centers.
Supplier scouting initiative.--The Committee encourages
NIST to provide sufficient resources to MEP's supplier scouting
initiative to maintain or expand current partnerships with
Federal agencies.
National Innovation Marketplace.--Within the amount
provided for the MEP program for fiscal year 2014, not less
than $2,500,000 is for the National Innovation Marketplace
(NIM), a web-based tool developed by NIST to help companies,
communities, colleges and universities, inventors, and
entrepreneurs accelerate supply chain connections and
facilitate partnerships, helping to create jobs in the U.S. The
Committee commends the Department for its efforts to increase
participation in the NIM and notes that more than $2 billion in
buying opportunities and more than $900 million in innovation
business opportunities have been posted to the NIM.
Furthermore, NIST has also used this endeavor to leverage the
efforts of other Federal agencies. For example, MBDA staff and
business clients can access, utilize, and contribute to the
NIM, and NIST also works with MBDA through the Interagency
Network of Enterprise Assistance Providers, in which staff meet
monthly to exchange information and share best practices. The
Committee encourages the Department to continue and expand upon
its NIM-related efforts with other agencies and directs the
Department to report to the Committee no later than 90 days
after enactment of this Act on the status of overall efforts to
expand the usage and capabilities of the NIM.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $55,000,000 for NIST construction,
which is $3,874,000 below fiscal year 2013 and $5,040,000 below
the request.
Boulder Building 1 renovation.--The Committee is aware of
recent developments with respect to the phased renovations at
the Boulder facility. NIST shall continue to provide updates on
the status of renovations at its Boulder, Colorado, facility,
to include obligations and expenditures of prior year funds, no
later than 120 days after the enactment of this Act.
Safety, Capacity, Maintenance, and Major Repairs.--NIST
shall continue to provide updates on the projects funded within
this account, to include milestones and total amount of funding
necessary for completion. These updates shall also include a
description of projects previously funded between fiscal years
2009 and 2013, to include a report on the obligations and
expenditures of funds associated with each activity. NIST shall
also provide a status report, including obligations and
expenditures, of projects funded with the $180,000,000 NIST
received in the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) to address NIST's backlog of maintenance and
renovation projects.
General Purpose Laboratories.--The Committee is aware that
NIST has initiated a study to optimize existing space at its
General Purpose Laboratories. NIST shall make this study
available to the Committee when completed.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $4,915,547,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA), which is $88,650,000 below fiscal year
2013 and $524,191,000 below the request. The recommendation
prioritizes funding for National Weather Service (NWS)
operations, weather research, and related satellite programs.
NWS reprogramming issues.--The Department and NOAA shall
continue to update the Committee regarding implementation of
the corrective actions taken in response to the improper
reprogramming of funds at the NWS. The Committee notes that the
Department has not yet provided its report on the status of the
weather forecasting tools from which funds were diverted in
unauthorized and improper reprogramming actions. The Department
shall provide this assessment as soon as possible. The
Committee expects NOAA to ensure that all corrective measures
are implemented as expeditiously as possible in order to
restore confidence in the Department's and NOAA's ability to
carry out their responsibilities to manage appropriated funds.
Data sources.--As a follow-up to Committee direction to the
GAO in fiscal year 2013 to examine NOAA's various ocean and
coastal data collection systems, the Committee directs NOAA to
engage the National Academies of Science in a review of these
data systems with a goal of determining which systems should be
maintained, which need sustained investment, and which should
be retired. In a climate of limited resources a comprehensive
analysis of these systems and their relative priority is
necessary. The Committee expects the Academy to begin its
review following completion of the GAO baseline analysis.
National Ocean Policy.--The Committee notes that no funding
was provided in fiscal year 2013 and none was requested in
fiscal year 2014 to implement the National Ocean Policy.
Consequently, no funds for National Ocean Policy activities are
included under any NOAA program, project or activity in this
Act.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends a total program level of
$3,037,290,000 under this account for the coastal, fisheries,
marine, weather, satellite and other programs of NOAA. This
total funding level includes $2,907,290,000 in direct
appropriations, a transfer of $115,000,000 from balances in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' account and $15,000,000 derived from
recoveries of prior year obligations. The direct appropriation
of $2,907,290,000 is $146,900,000 below fiscal year 2013 and
$370,543,000 below the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service.--The recommendation provides
$400,850,000 for National Ocean Service (NOS) operations,
research and facilities. The Committee adopts the new budget
structure requested by NOAA to improve program coordination and
achieve savings and efficiencies.
Navigation, Observations, and Positioning.--The
recommendation provides $167,000,000 for Navigation,
Observations, and Positioning. Within this amount, the
Committee expects NOAA to prioritize its mission-critical
responsibilities, including mapping and charting, geodesy, and
tides and current data activities. Within the amounts provided,
the Committee encourages NOAA to provide adequate funding to
support its IOOS program management activities. Included within
this amount is $20,000,000 for hydrographic survey priorities.
The Committee notes that Public Law 113-2 included $50,000,000
in supplemental fiscal year 2013 appropriations for mapping,
charting, geodesy services and marine debris surveys.
Coastal Science and Assessment.--The recommendation
includes $61,850,000 for Coastal Science and Assessment. Within
these amounts, the Committee encourages NOAA to provide up to
$5,000,000 for marine debris activities.
Ocean and Coastal Management and Services.--The
recommendation includes $172,000,000 for Ocean and Coastal
Management and Services, including $25,000,000 for the Coral
Reef program; $45,000,000 for Sanctuaries and Marine Protected
Areas; and $21,000,000 for the National Estuarine Research
Reserves.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning............ $122,000
IOOS Regional Observations.......................... 25,000
Hydrographic Survey Priorities/Contracts............ 20,000
-----------------
Navigation, Observations and Positioning.............. 167,000
-----------------
Coastal Science and Assessment
Coastal Science, Assessment, Response and 61,850
Restoration........................................
-----------------
Coastal Science and Assessment........................ 61,850
-----------------
Ocean and Coastal Management and Services
Coastal Zone Management and Services................ 41,000
Coastal Zone Management Grants...................... 40,000
Coral Reef Program.................................. 25,000
Sanctuaries and Marine Protected Areas.............. 45,000
National Estuarine Research Reserve System.......... 21,000
-----------------
Ocean and Coastal Management and Services............. 172,000
=================
Total, National Ocean Service, Operations, Research, $400,850
and Facilities.......................................
------------------------------------------------------------------------
National Marine Fisheries Service.--The Committee
recommends $763,900,000 for the National Marine Fisheries
Service (NMFS) operations, research and facilities.
Protected Species Research and Management.--The Committee
recommends $167,000,000 for Protected Species Research and
Management programs, including $38,000,000 for base programs.
Within available resources, the Committee encourages NOAA to
maintain funding for marine mammal stranding grants. The
Committee includes $9,000,000 for species recovery to
consolidate funding for species recovery activities, including
salmon, in this account.
Fisheries Research and Management.--The Committee
recommends $405,900,000 for Fisheries Research and Management
programs, including $171,000,000 for base activities.
Stock assessments.--The recommendation includes $66,000,000
for stock assessments to provide scientific information on the
current status of a stock relative to established harvest
targets, sustainable catch levels, and steps needed to rebuild
depleted stocks. In addition to this funding, the Committee
recommendation includes funding for other activities in support
of stock assessments, including $6,000,000 for economics and
social sciences research; $22,000,000 for fisheries statistics;
$21,000,000 for fish information networks; $24,000,000 for
survey and monitoring projects; $10,000,000 for cooperative
research; and $15,300,000 for information analysis and
dissemination. All of these activities contribute to NMFS'
stock assessment activities. The Committee encourages NOAA's
Science Advisory Board (SAB) to review the entire NOAA stock
assessment process and make recommendations for improvements
that can be incorporated within existing funding levels. The
Committee encourages the SAB to review prior National Academies
of Science reports on this subject.
Sentinel species.--The Gulf of Mexico commercial and
recreational fisheries represent significant economic benefit
to the region. Recent events in the Gulf brought to light a
lack of baseline data critical to evaluating the fisheries
health, whether in response to a particular event or as part of
regular assessments of those fisheries. The Committee
encourages NOAA to consider the development of a sentinel
species program in the Gulf of Mexico, to include pelagic
species, to address shortcomings in its research and monitoring
efforts in this fishery. The Committee directs NMFS to report
to the Committee no later than 120 days after the enactment of
this Act on its recommendations for such a program.
Community based restoration.--The Committee supports the
Community Based Restoration Program and encourages NOAA to
continue to prioritize community involvement and stewardship of
local projects that support a broad range of benefits to
coastal watershed communities.
Cooperative research.--The recommendation includes
$10,000,000 for cooperative research. The Committee expects
that all funding provided shall be used for cooperative
fisheries research and not for NOAA activities or
administrative overhead costs.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Protected Species Research and Management
Protected Species Research and Management Programs $38,000
Base...............................................
Species Recovery Grants............................. 9,000
Marine Mammals...................................... 45,000
Marine Turtles...................................... 10,000
Other Protected Species (marine fish, plants and 6,000
invertebrates).....................................
Atlantic Salmon..................................... 4,000
Pacific Salmon...................................... 55,000
-----------------
Total, Protected Species Research and Management...... 167,000
=================
Fisheries Research and Management
Fisheries Research and Management Programs Base..... 171,000
National Catch Share Program........................ 20,000
Expand Annual Stock Assessments - Improve Data 66,000
Collection.........................................
Economics and Social Sciences Research.............. 6,000
Salmon Management Activities........................ 25,000
Regional Councils and Fisheries Commissions......... 32,000
Fisheries Statistics................................ 22,000
Fish Information Networks........................... 21,000
Survey and Monitoring Projects...................... 24,000
Fisheries Oceanography.............................. 2,000
American Fisheries Act.............................. 3,800
Interjurisdictional Fisheries Grants................ 2,000
National Standard 8................................. 1,000
Reducing Bycatch.................................... 3,500
Product Quality and Safety.......................... 6,600
-----------------
Total, Fisheries Research and Management.............. 405,900
=================
Enforcement and Observers/Training
Enforcement......................................... 64,000
Observers/Training.................................. 43,000
-----------------
Total, Enforcement and Observers/Training............. 107,000
=================
Habitat Conservation and Restoration
Sustainable Habitat Management...................... 19,000
Fisheries Habitat Restoration....................... 10,000
-----------------
Total, Habitat Conservation and Restoration........... 29,000
=================
Other Activities Supporting Fisheries
Antarctic Research.................................. 2,800
Aquaculture......................................... 5,700
Climate Regimes and Ecosystem Productivity.......... 1,800
Computer Hardware and Software...................... 1,800
Cooperative Research................................ 10,000
Information Analyses and Dissemination.............. 15,300
Marine Resources Monitoring, Assessment and 800
Prediction Program.................................
National Environmental Policy Act................... 6,500
NMFS Facilities Maintenance......................... 3,300
Regional Studies.................................... 7,000
-----------------
Total, Other Activities Supporting Fisheries.......... 55,000
=================
Total, National Marine Fisheries Service, Operations, $763,900
Research, and Facilities.............................
------------------------------------------------------------------------
Oceanic and Atmospheric Research.--The recommendation
includes $348,500,000 for Oceanic and Atmospheric Research
(OAR) operations, research, and facilities activities. The
Committee notes that Public Law 113-2 included $50,000,000 in
supplemental fiscal year 2013 appropriations for laboratories
and cooperative institutes, research activities associated with
sustained observations weather research programs, and ocean and
coastal research, and $25,000,000 in supplemental fiscal year
2013 appropriations to improve weather forecasting and
hurricane intensity forecasting capabilities, to include data
assimilation from ocean observing platforms and satellites.
Weather and Air Chemistry Research.--The Committee includes
$83,000,000 for Weather and Air Chemistry Research and
encourages NOAA to continue research efforts that lead to near-
term, affordable, and attainable advances in observational,
computing, and modeling capabilities to deliver substantial
improvements in weather forecasting for the protection of life
and property. In addition, the Committee includes funding for
weather research programs within the NWS. NOAA is directed to
substantially accelerate the transition of its research to
operations in ways easily adopted by the operational
forecasting community.
Observing System Simulation Experiments (OSSEs).--The
Committee encourages NOAA to more fully integrate OSSEs into
its decision-making processes, particularly with respect to
assessing the value of data from potential alternatives to
improve weather forecast accuracy.
Science Advisory Board (SAB).--The Committee encourages
NOAA to review the recent NOAA SAB report on the NOAA research
portfolio and present a comprehensive approach to prioritizing
research funds and ensuring a more rapid transition from
research to operations.
Multi-function phased array radar (MPAR).--The Committee
understands that NOAA's MPAR research, and in particular the
dual polarization combined with phased array technology, is
critical to the future of weather forecasting. The
recommendation includes $13,000,000 for these activities.
Within this amount, NOAA is encouraged to continue research on
cylindrical polarimetric phased array radar (CPAR) and provide
a report to the Committee no later than 180 days after the
enactment of this Act on research activities related to MPAR
and CPAR.
Ocean Exploration and Research.--The Committee recommends
$25,000,000 for ocean exploration and research activities,
including funds to map and explore the extended continental
shelf. The Committee encourages NOAA to strengthen
collaborative efforts with external partners in order to
maximize limited Federal resources to expand our understanding
of the oceans. As part of this effort, the Committee encourages
NOAA to host an oceans conference with a broad array of
stakeholders to address current and future challenges with
respect to oceans exploration and research.
Undersea research platforms.--Within amounts provided, NOAA
is encouraged to maintain existing partnerships with its
cooperative institutes and other external partners and to
develop a plan, as appropriate, to transition existing
platforms to external partners within existing General Services
Administration guidelines.
Autonomous underwater vehicles (AUV).--The Committee is
aware that NOAA currently deploys a variety of AUV technologies
for research, development, and demonstration projects. The
Committee encourages NOAA to more fully integrate AUVs into its
operational observing system to support mission requirements
for weather and ocean measurement and ecosystem assessment, to
include fishery stock surveys, hydrography and sea floor
characterization. NOAA shall provide a report to the Committee
no later than 180 days after the enactment of this Act on any
ongoing AUV demonstrations and future plans for the use of
AUVs.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $50,000
Regional Climate Data and Information............... 12,000
Climate Competitive Research, Sustained Observations 35,000
and Regional Information...........................
-----------------
Total, Climate Research............................... 97,000
=================
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 65,000
U.S. Weather Research Program....................... 5,000
Tornado Severe Storm Research/Phased Array Radar.... 13,000
-----------------
Total, Weather and Air Chemistry Research............. 83,000
=================
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 25,000
National Sea Grant College Program.................. 60,000
Marine Acquaculture Program......................... 4,500
Ocean Exploration and Research...................... 25,000
Integrated Ocean Acidification...................... 7,000
Sustained Ocean Observations and Monitoring......... 35,000
-----------------
Total, Ocean, Coastal and Great Lakes Research........ 156,500
=================
High Performance Computing Initiatives................ 12,000
=================
Total, Office of Oceanic and Atmospheric Research, $348,500
Operations, Research, and Facilities.................
------------------------------------------------------------------------
National Weather Service.--The Committee recommends
$940,740,000 for National Weather Service (NWS) operations,
research and facilities, which is $7,954,000 above the request
to maintain critical capabilities to provide weather forecasts
and warnings, a core life and safety function of the Federal
government.
Local Warnings and Forecasts Base.--The Committee
recommends $669,000,000 for the Local Warnings and Forecasts
Base, which is $10,769,000 more than the request. The Committee
does not support the requested reduction in information
technology officers at each of the Weather Forecast Offices or
the proposal to reduce operations and maintenance for, or slow
the implementation of, new Advanced Weather Interactive
Processing System tools and capabilities. The Committee agrees
that the NWS needs to revisit its current model in response to
technological advances and other changes in the provision of
weather products and services. However, a piecemeal plan that
does not include a vision for the future of the NWS is not the
most thoughtful way to proceed. The Committee expects NOAA to
present a detailed plan for the entire NWS structure that is
mindful of fiscal constraints and informed by a wide variety of
stakeholders, including recommendations outlined by the
National Academy of Public Administration (NAPA) and the
National Academies of Science. The Committee agrees with the
NAPA recommendation to establish a formal advisory committee
under the procedures established by the Federal Advisory
Committee Act and urges NWS to establish this committee as soon
as possible.
Tsunami warning network.--The recommendation includes
$27,000,000 to expand education and awareness programs of the
National Tsunami Hazard Mitigation Program and for sustainment
of the Deep-ocean Assessment and Reporting of Tsunamis (DART)
buoy network. The Committee expects NOAA to repair any DART
stations that are not currently operational and report to the
Committee no later than 30 days after the enactment of this Act
regarding the status of the entire DART network.
Central Forecast Guidance.--The recommendation includes
$95,000,000 for Central Forecast Guidance. The Committee
supports the efforts of the NWS to invest in weather research
to improve forecasts and to transition weather research more
quickly into operational weather forecasting. The Committee
directs NOAA to provide a report no later than one year after
the enactment of this Act that describes forecast improvements
achieved with the severe weather research funding provided in
Public Law 113-2 and this Act. As noted earlier, the Committee
includes an additional $83,000,000 for weather research within
OAR.
Tornado and severe storm research.--The Committee directs
NOAA to collaborate with the National Science Foundation and
academic and private sector partners to study tornadoes and
other severe weather events, including, but not limited to,
variables in humidity and topography and how these factors can
impact the formation, intensity, and storm path of tornadoes.
NOAA shall report to the Committee no later than 90 days after
the enactment of this Act regarding plans for such research.
Service Assessment for Hurricane Sandy.--The Committee
urges NWS and NOAA to develop a prioritized plan to address the
recommendations from the May 2013 Service Assessment of
Hurricane/Post-Tropical Cyclone Sandy to ensure that the
shortcomings identified are addressed so as to lessen the
impact to life and property from future such significant
storms.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Local Warnings and Forecasts
Local Warnings and Forecasts Base................... $669,000
Air Quality Forecasting............................. 865
Alaska Data Buoys................................... 1,700
Sustain Cooperative Observer Network................ 1,000
NOAA Profiler Network............................... 1,800
Strengthen U.S. Tsunami Warning Network............. 27,000
Pacific Island Compact.............................. 3,775
-----------------
Subtotal, Local Warnings and Forecasts.............. 705,140
-----------------
Operations and Research
Advanced Hydrological Prediction Services........... 6,200
Aviation Weather.................................... 22,000
WFO Maintenance..................................... 6,600
Weather Radio Transmitters.......................... 2,300
-----------------
Subtotal, Operations and Research................... 37,100
-----------------
Central Forecast Guidance............................. 95,000
-----------------
Total, Local Warnings and Forecasts, Operations and 837,240
Research, Central Forecast Guidance..................
=================
Systems Operation and Maintenance
NEXRAD.............................................. 47,000
ASOS................................................ 11,500
AWIPS............................................... 39,000
NWSTG Backup--CIP................................... 6,000
-----------------
Total, Systems Operation and Maintenance.............. 103,500
=================
Total, National Weather Service, Operations, Research, $940,740
and Facilities.......................................
------------------------------------------------------------------------
National Environmental Satellite, Data and Information
Service.--The Committee recommends $181,300,000 for National
Environmental Satellite, Data and Information Service (NESDIS)
operations, research and facilities.
Product Processing and Distribution.--The recommendation
includes $45,000,000 to implement 247 operational
processing and distribution of data from the Suomi National
Polar-orbiting Partnership satellite.
Regional Climate Services.--Within amounts provided, NOAA
is encouraged to maintain support for the Regional Climate
Centers.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems
Office of Satellite and Product Operations
Satellite Command and Control..................... $38,000
NSOF Operations................................... 7,700
Product Processing and Distribution............... 45,000
-----------------
Subtotal, Office of Satellite and Product Operations 90,700
-----------------
Product Development, Readiness and Application
Product Development, Readiness and Application.... 19,000
P D, R and A (Ocean Remote Sensing)............... 4,000
Joint Center for Satellite Data Assimilation...... 3,000
-----------------
Subtotal, Product Development, Readiness and 26,000
Application........................................
-----------------
Commercial Remote Sensing Regulatory Affairs........ 1,000
Office of Space Commercialization................... 600
Group on Earth Observations......................... 500
-----------------
Total, Environmental Satellite Observing Systems...... 118,800
=================
Data Centers and Information Services
Archive, Access and Assessment.................... 44,000
Coastal Data Development.......................... 4,000
Regional Climate Services......................... 6,000
Environmental Data Systems Modernization.......... 8,500
-----------------
Total, Data Centers and Information Services.......... 62,500
=================
Total, NESDIS, Operations, Research, and Facilities... $181,300
------------------------------------------------------------------------
Program Support.--The recommendation includes $402,000,000
for Program Support operations, research and facilities.
Management and administrative costs.--The recommendation
includes language capping NOAA corporate services
administrative support costs at $192,600,000. The Committee
encourages NOAA to continue efforts to standardize the
treatment of management and administrative costs in a manner
that maximizes transparency and accountability.
Facilities maintenance.--The Committee notes that NOAA did
not include in its fiscal year 2014 Congressional budget
submission separate facilities maintenance funding requests for
each of the line offices as requested in the fiscal year 2013
House report. The Committee directs NOAA to submit with its
fiscal year 2015 budget a consolidated, detailed request for
each NOAA facility by line office.
NOAA education program.--The recommendation includes
$24,400,000 for NOAA's education program. No less than
$14,400,000 of the amount provided shall be to continue the
Educational Partnership Program with Minority Serving
Institutions, with remaining funds to support NOAA's general
competitive education program.
Extramural research.--The Committee believes that NOAA
benefits from collaboration with academia and the private
sector with respect to cooperative institutes and competitive
research as these relationships build broad community support
and leverage external funding for mission-oriented research.
The Committee expects NOAA to continue to track intra- and
extramural research and report on such expenditures in
subsequent budget requests.
PROGRAM SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Program Support
Corporate Services
Under Secretary and Associate Offices............. $24,000
NOAA-Wide Corporate Services and Agency Management 95,600
DOC Accounting System............................. 9,000
Payment to the DOC Working Capital Fund........... 33,000
IT Security....................................... 8,000
NOAA Facilities Management, Maintenance, 23,000
Construction and Safety..........................
-----------------
Subtotal, Corporate Services and Facilities......... 192,600
=================
NOAA Education Program
Education Partnership Program/Minority Serving 14,400
Institutions.....................................
NOAA Education Program Base....................... 10,000
-----------------
Subtotal, NOAA Education Program.................... 24,400
=================
Total, Program Support................................ 217,000
=================
Office of Marine and Aviation Operations
Marine Operations and Maintenance................... 155,000
Aviation Operations and Aircraft Services........... 30,000
-----------------
Total, Office of Marine and Aviation Operations....... 185,000
=================
Total, Program Support and OMAO, Operations, Research, $402,000
and Facilities.......................................
------------------------------------------------------------------------
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The Committee recommends a total program level of
$1,985,907,000 in direct obligations under this heading, of
which $1,978,907,000 is appropriated from the general fund and
$7,000,000 is derived from recoveries of prior year
obligations. The direct appropriation is $89,023,000 above
fiscal year 2013 and $138,648,000 below the request. The
following narrative descriptions and tables identify the
specific activities and funding levels included in this bill:
National Weather Service (NWS).--The recommendation
includes $116,986,000 for NWS systems acquisitions and
construction. Within this amount, the recommendation includes
$44,000,000 for Weather and Climate Supercomputing to enable
NWS to improve forecasting and run higher resolution models.
The Committee directs NOAA to submit a report no later than 180
days after the enactment of this Act that details the current
state of NWS forecasting capabilities and the expected state of
those capabilities in five and ten years.
National Environmental Satellite, Data and Information
Service (NESDIS).--The recommendation includes $1,856,921,000
for NESDIS acquisition and construction. The Committee
recognizes the efforts of the Department and NOAA with respect
to improving the management of its weather satellite portfolio,
but challenges remain. The Committee notes with concern that
GAO added NOAA's polar-orbiting and geostationary satellites to
its 2013 High Risk List due to potential gaps in weather
satellite data. The GAO reported that cost increases, missed
milestones, technical problems and management challenges have
resulted in reduced functionality and slips to planned launch
dates and may result in potential gaps in weather satellite
data.
Recognizing these challenges and the critical importance of
NOAA's operational weather satellite portfolio, the Committee
recommendation focuses limited resources on the Geostationary
Operational Environmental Satellite-R (GOES-R) and the Joint
Polar Satellite System (JPSS) activities in order to maintain
the launch readiness dates of these critical programs. The
Committee expects the Department of Commerce to ensure that
flagship satellite programs are proceeding within the cost caps
and meeting critical program milestones. The Committee expects
to be notified promptly if any issues arise that could
jeopardize the current launch schedules.
Program Management Council (PMC) monthly satellite
meetings.--The Committee disagrees with the Department's desire
to exclude IG and GAO personnel from monthly PMC meetings. The
Committee directs NOAA to permit IG and GAO attendance at these
meetings.
JPSS.--The Committee recommends $824,000,000 for the JPSS
program, which is the same as the request. The Committee notes
the progress that NOAA has made to focus efforts on ensuring
that this critical program proceeds with little distraction but
critical challenges remain in order to minimize a potential
data gap. The Committee directs NOAA to provide a report no
later than 180 days after the enactment of this Act on the
status of investments made to minimize gaps in critical weather
satellite data.
GOES-R.--The Committee recommends $955,000,000 for the
GOES-R program, which is the same as the request, in order to
maintain the current launch schedule and planned mission
capabilities. The Committee urges NOAA to carefully consider
options proposed in the 2013 OIG Audit of Geostationary
Operational Environmental Satellite-R Series: Comprehensive
Mitigation Approaches, Strong Systems Engineering, and Cost
Controls Are Needed to Reduce Risks of Coverage Gaps, and
submit a plan, developed in consultation with GAO and the IG,
to enable NOAA to focus resources on the areas of greatest
need.
Enterprise ground system.--The recommendation includes
$3,000,000 for NOAA to begin an analysis for a future
integrated ground system. The Committee expects that such a
system will result in efficiencies and cost savings. The
Committee expects NOAA to submit a plan with the fiscal year
2015 budget for achieving an integrated ground system with
appropriate IT security standards and backup redundancies, to
include outyear funding estimates and program milestones.
Independent evaluation of weather satellite risk.--The
Committee recognizes that weather satellites provide data that
is indispensable and that the current risk posture associated
with launch delay or on-orbit failure is not optimal. The
Committee is concerned that NOAA has no effective contingency
plan should one or more of its polar or geostationary
satellites fail. The Committee directs GAO to evaluate the
options to minimize such risks, including acquiring weather
data from commercial satellite services, and provide a report
to the Committee no later than 180 days after the enactment of
this Act.
Quarterly briefings.--The Committee directs NOAA to
continue providing quarterly briefings to the Committee
regarding NOAA major satellite system acquisition programs.
PROCUREMENT, ACQUISITION and CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Office of Oceanic and Atmospheric Research
Systems Acquisition
Research Supercomputing/CCRI...................... $10,000
-----------------
Total, OAR--PAC....................................... 10,000
=================
National Weather Service
Systems Acquisition
ASOS.............................................. 1,600
AWIPS............................................. 22,000
NWSTG Legacy Replacement.......................... 16,215
Radiosonde Network Replacement.................... 4,021
Weather and Climate Supercomputing................ 44,000
Complete and Sustain NOAA Weather Radio........... 5,500
Ground Readiness Project.......................... 15,000
-----------------
Subtotal, NWS Systems Acquisition................... 108,336
-----------------
Construction
WFO Construction.................................. 8,650
-----------------
Subtotal, NWS Construction.......................... 8,650
-----------------
Total, National Weather Service--PAC.................. 116,986
=================
National Environmental Satellite, Data and Information
Service
Systems Acquisition
Geostationary Systems-N........................... 28,000
Geostationary Systems-R........................... 955,000
Polar Orbiting Systems-POES....................... 31,000
Joint Polar Satellite System (JPSS)............... 824,000
EOS and Advanced Polar Data Processing, 990
Distribution and Archiving Systems...............
Critical Infrastructure Protection................ 2,772
Comprehensive Large Array Data Stewardship System 6,476
(CLASS)..........................................
Satellite Preparatory Data Exploitation........... 3,455
Enterprise Ground System.......................... 3,000
-----------------
Subtotal, NESDIS Systems Acquisition................ 1,854,693
-----------------
Construction
Satellite CDA Facility............................ 2,228
-----------------
Subtotal, NESDIS Construction....................... 2,228
-----------------
Total, NESDIS--PAC.................................... 1,856,921
=================
Program Support
Office of Marine and Aviation Operations
Fleet Replacement
Fleet Capital Improvements and Technology Infusion 2,000
-----------------
Subtotal, Fleet Replacement......................... 2,000
-----------------
Total, Office of Marine and Aviation Operations, PAC.. 2,000
=================
Total, Procurement, Acquisition, and Construction..... $1,985,907
------------------------------------------------------------------------
PACIFIC COASTAL SALMON RECOVERY
The Committee recommends $35,000,000 for Pacific Coastal
Salmon Recovery, which is $28,780,000 below fiscal year 2013
and $15,000,000 below the request. In addition, the
accompanying bill includes language that requires all funds to
be allocated based on scientific and merit principles and
prohibits the availability of funds for marketing activities.
FISHERMEN'S CONTINGENCY FUND
The Committee recommends $350,000 for the Fishermen's
Contingency Fund, which is $7,000 above fiscal year 2013 and
the same as the request. This Fund is available to compensate
U.S. commercial fishermen for damage or loss caused by
obstructions related to oil and gas exploration, and is derived
from fees collected by the Secretary of the Interior.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends language under this heading
limiting obligations of direct loans to $24,000,000 for
Individual Fishing Quota loans and $59,000,000 for traditional
direct loans.
Departmental Management
SALARIES AND EXPENSES
The Committee recommends $52,000,000 for Departmental
Management, which is $2,949,000 below fiscal year 2013 and
$7,595,000 below the request.
Obligations.--The Committee is concerned by the June 2013
Commerce IG report, Monitoring of Obligation Balances Needs
Strengthening, which found that the Department is failing to
ensure that obligations are adequately monitored and
deobligated when appropriate. The IG found that Commerce
bureaus should have deobligated $159 million during fiscal year
2011 alone. The Committee expects Commerce to actively oversee
the accounting processes of its bureaus to ensure they comply
with all applicable laws and OMB guidance. The Committee
directs the Department to provide a report no later than 60
days after the enactment of this Act outlining actions taken to
address these findings.
Purchase card transactions.--The Committee is concerned
about irregularities, including improper and questionable
transactions, found by the IG in the May 2013 report, Internal
Controls for Purchase Card Transactions Need to Be
Strengthened. This report identified several areas of concern,
including transactions that were split, exceeded cardholders'
single purchase limit, or were made by employees other than the
cardholder. The Commerce Chief Financial Officer shall develop
a corrective action plan, developed in consultation with the
IG, to address all concerns raised in this and prior audits of
purchase card transactions and submit a report to the Committee
no later than 60 days after the enactment of this Act.
Conferences.--The Committee is aware that the Department
has initiated an internal review of its quarterly conference
reporting in response to requirements in prior appropriations
Acts. An initial report found in some instances that
documentation provided by the bureaus is insufficient and that
systems to track travel costs need drastic improvements. The
Committee expects the Department to continue its internal
review and to collaborate with the IG to implement rigorous
standards that meet or exceed OMB travel and conference
attendance requirements. The Department shall report to the
Committee no later than 60 days after the enactment of this Act
regarding plans to address concerns outlined in this initial
report. In addition, the Committee reminds the Department of
language regarding conferences in sections 525 and 531 of this
Act.
Enterprise Security Operations Center.--The recommendation
includes funding as requested within the Department of Commerce
WCF to establish an Enterprise Security Operations Center to
provide Department-wide, 247 security status
information on cyber security threats. The Committee directs
the Commerce CIO to consult with the IG, GAO and NIST regarding
this effort.
Cybersecurity.--In its fiscal year 2012 Federal Information
Security Management Act Annual Report, the IG noted that while
the Department has taken steps to improve the security of its
information technology systems, significant weaknesses exist in
basic security practices. The Committee expects the Commerce
CIO to implement expeditiously the recommendations from the IG
audit and to report to the Committee on a periodic basis
regarding the status of these corrective actions.
Repatriation and manufacturing initiatives.--The
recommendation includes language directing the Secretary to
maintain the repatriation task force and includes funding under
EDA for repatriation grants. The Committee expects the
Department to report to the Committee on these programs no
later than 120 days after the enactment of this Act.
Economic Security Commission.--Within the amounts provided
under this heading, the Secretary shall continue the Economic
Security Commission established in fiscal year 2012. The
Committee expects to receive the Commission's first annual
report soon. The second annual report shall be expanded to
include South Korea and shall be submitted no later than one
year after the enactment of this Act.
Assess Costs Everywhere (ACE) tool.--The Committee
appreciates the work of the Department in its development of
the ACE Tool, an initiative directed by the Committee to enable
businesses to determine the costs of operating overseas. The
Committee directs the Department to further improve the ACE
Tool by providing greater clarity of information so companies
and investors may more accurately assess the costs and benefits
in monetary terms of operating domestically. This effort shall
also include an evaluation of the U.S. system of intellectual
property protection vis-a-vis competitors such as China. In
addition, the Committee suggests that ACE include data
regarding the financial benefit of investments made by U.S.
companies in training, skills enhancement of their workers and
the tenure of its workforce. The Department is encouraged to
consult experts on accounting for intangibles in assessing how
to more fully evaluate and quantify the benefits of operating
in the U.S.
Chinese investment in the U.S.--The Committee directs the
Department to continue to report annually on any proposed and
actual Chinese investment in the United States, including data
on investments by Chinese state-owned enterprises and other
state-affiliated entities.
Reciprocal investment opportunities between the U.S. and
China.--The Department shall provide a report no later than 180
days after the enactment of this Act comparing the openness of
investment opportunities in China and the United States. The
report, to be developed in coordination with the State
Department, shall provide specific information on the sectors
that are open to foreign investment in each country for
investors from other countries. The report must include any
investment limitations such as the degree to which ownership
rights are restricted. The report shall also include
information regarding the extent to which outward bound
investments by each country's investors are monitored or
reviewed by governmental entities.
Assessing China's five-year plan.--The Commerce Department
shall solicit a study from the National Academy of Sciences
assessing China's strategies, policies and programs to become
an innovative society and enhance its indigenous innovation. In
conducting this study, which shall be submitted no later than
one year after the enactment of this Act, the Academy shall
identify specific actions taken by the Chinese government to
achieve the innovation goals outlined in the 12th five-year
plan. The Academy shall include an evaluation of those leading-
edge technologies where Chinese capabilities are comparable to
or exceed those of the United States and provide appropriate
measurement metrics, and also an evaluation of the impacts of
reverse engineering and intellectual property theft.
Cooperatives.--With more than $3 trillion in assets, over
$500 billion in total revenue, $25 billion in wages and
benefits, and nearly one million jobs, cooperatives have proven
themselves to be vital components of the nation's economy. The
Committee encourages the Department to build on its efforts to
create opportunities for community wealth building, workforce
training, and job creation by working with national and local
stakeholders in the cooperative sphere to look at the role that
business cooperatives can play in stimulating industrial and
commercial growth in economically distressed areas of the
United States.
National Technical Information Service (NTIS).--A 2012 GAO
review of technical and scientific reports made available for
sale by NTIS between 1990 and 2011 found that most of the
reports were readily available from other public websites and
nearly all of them could be obtained for free. GAO subsequently
included NTIS in its April 2013 report on fragmentation,
overlap, and duplication. The Committee encourages the
Department to review the activities of NTIS and propose
changes, as appropriate, in the fiscal year 2015 budget
regarding the NTIS business model.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $28,000,000 for the IG, which is
$213,000 below fiscal year 2013 and $2,490,000 below the
request. The recommendation also includes transfers of
$1,000,000 from the Census Bureau and $2,000,000 from PTO for
additional IG oversight of those activities.
General Provisions--Department of Commerce
The Committee recommends the following general provisions
for the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials designated by the
Secretary that such payments are considered to be in the public
interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for services,
and for uniforms and allowances as authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requiring notification to the Committee of certain actions.
Section 104 extends Congressional notification requirements
for NOAA satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 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 107 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 requires a monthly report on official travel to
China.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The Committee recommends $103,900,000 for Department of
Justice, General Administration, Salaries and Expenses, which
is $4,842,000 below fiscal year 2013 funding, and $22,308,000
below the request. The Committee has provided separate funding
recommendations by decision unit as follows:
Department Leadership................................. $17,094,000
Intergovernmental Relations/External Affairs.......... 7,564,000
Executive Support/Professional Responsibility......... 12,971,000
Justice Management Division........................... 66,271,000
-----------------
Total, Salaries and Expenses...................... $103,900,000
Liaison partnerships.--The Council on American-Islamic
Relations (CAIR) was listed as an unindicted co-conspirator in
a case in which the Holy Land Foundation was found guilty of
material support of a terrorist organization. The FBI prohibits
its employees from engaging in any formal non-investigative
cooperation with CAIR. The Committee urges the Attorney General
to adopt a similar policy for all Department officials, and
requests a report not later than 120 days after the date of
enactment of this Act on the form such a policy would take and
the status of its implementation.
Report on terrorist finance cases.--The Committee strongly
supports efforts to identify, investigate, prosecute and
disrupt terrorist financing operations, both domestically and
abroad, and remains concerned about the transfer of funds from
groups within the U.S. to designated terrorist organizations
abroad. The Committee is aware that Department efforts, led by
the FBI and its Terrorist Financing Operations Section and the
National Security Division (NSD), are a critical subset of
government-wide joint terrorism investigations and task forces.
Such efforts include, in addition to investigations, provision
of technical assistance to foreign governments and designation
of organizations and persons as engaging in or supporting
terrorist financing.
While the extent and impact of terrorist financing has
become more widely recognized, no U.S. Attorneys' Bulletin on
terrorism financing has been published since 2003. Such
guidance should be updated to reflect more than a decade of
enforcement and counterterrorism experience. In order to
provide a useful baseline for future oversight of these
critical efforts, the Committee directs the Department to
submit a comprehensive report, not later than 120 days after
the enactment of this Act, on its efforts to counter terrorism
financing, including its investigation and prosecution of
cases, since 2001. The report, which may be submitted in both
classified and unclassified form, should include a description
of terrorism financing trends, and annual statistics on the
types of cases brought by year; list organizational changes to
units within DOJ responsible for investigating and prosecuting
terrorist finance cases; and describe how such reorganization
may have affected the number and type of cases handled. In
addition, the report should describe steps taken by the
Department to address recommendations made by the Office of
Inspector General (OIG) in its March 2013 report (OIG 13-17),
Efforts to Coordinate and Address Terrorist Financing.
Fort Hood attack and designation of investigations as
involving terrorism.--The Committee is unsatisfied with the
Attorney General's response to letters and hearing questions
for the record from the Committee concerning the Department's
role in determining whether the Ft. Hood attack would be
investigated and prosecuted as a terrorist attack. The
Committee therefore directs the Department to submit a detailed
report not later than 120 days after the enactment of this Act
specifying its role in advising the FBI, U.S. Attorneys'
offices and the Department of Defense on how this case was
designated with regard to terrorism, including a description of
what anti-terror investigative authority was sought by
Departmental entities, and whether such authority was approved.
In addition, the report should describe the Department's policy
and practices in categorizing cases and the criteria it employs
to determine which cases represent terrorism investigations.
Violent gangs.--The Department, its components and its
partners in State and local law enforcement have been working
together under the guidelines of a comprehensive plan to combat
the growing threat of violent gangs. The Committee continues to
support this focus, and therefore denies the proposal to
eliminate funding under the FBI for the National Gang
Intelligence Center (NGIC). The Committee also directs the
Department to produce an updated National Gang Threat
Assessment, including presentation of anti-gang initiatives,
their performance to date, and plans for continued cooperation
with State and local law enforcement to combat activities of
multijurisdictional gangs.
Independent review of the Civil Rights Division.--In
response to the OIG report that found unprofessional and
inappropriate behavior by the managers and employees of the
Civil Rights Division over a period of time, the Committee has
included language directing that $1,000,000 shall be
transferred from the General Administration appropriation to
the OIG to commission a comprehensive, independent assessment
of the direction and management of the division, with specific
recommendations for management and policy remedies.
Industrial espionage.--In light of the rising threat to
U.S. security and competitiveness from industrial espionage,
the Committee directs the Department to conduct a review of
existing legal penalties for companies found to engage in, or
benefit from, industrial espionage and report not later than
120 days after the enactment of this Act on the efficacy of the
current penalties and recommendations to improve them.
Foreign Agents Registration Act (FARA) registration and
reporting.--The Committee is concerned that current law may not
provide an appropriate level of disclosure for lobbyists
working on behalf of state-owned or -directed companies. The
Committee directs the Department to report not later than 120
days after the enactment of this Act on the registration
requirements under FARA and the Lobbying Disclosure Act for
firms and individuals, and the number of lobbyists registered
under each authority.
Human trafficking.--The Committee includes, as in prior
years, resources and guidance throughout this title to combat
trafficking in persons, and to support the investigation and
prosecution of such crimes as a top priority for the
Department. The recommendation also includes direction for all
U.S. Attorneys to enhance their leadership of human trafficking
task forces. The Committee directs the Attorney General to
submit a comprehensive report on all Department anti-
trafficking activities no later than 60 days after the
enactment of this Act, including legislative proposals that may
advance these efforts. The report should also detail any
actions the Department has taken to investigate allegations of
trafficking or abuse of nonimmigrants holding an A-3 or a G-5
visa and actions the Department has taken under 18 U.S.C. 3271
to enforce a policy of zero tolerance for sex and labor
trafficking by Federal contractors.
Internet facilitation of human trafficking.--The Committee
is concerned by the slow pace of efforts to halt certain
websites from enabling and facilitating sexual exploitation of
minors. The Department shall, no later than 30 days after the
enactment of this Act, report on efforts, including
prosecution, to impose sanctions on such Internet-based
commercial activity. If the Department finds existing legal
authority insufficient to support such action, it shall provide
a legal analysis with recommendations for new statutory
language to enable law enforcement to effectively address this
problem.
Human rights.--The Committee remains concerned with the
proliferation of mass atrocities and other gross human rights
violations abroad, and is committed to preventing the U.S. from
becoming a safe haven for perpetrators of such crimes.
Therefore, in addition to having the FBI update its reporting
to the Committee on investigation and support for prosecution
of such crimes, the Committee directs the Department to report
not later than 120 days after enactment of this Act on gaps in
Federal government capacity to prosecute such crimes, and to
recommend appropriate legislative, enforcement, and other
remedies. The Committee supports efforts by the Department to
provide technical assistance and other support for
international justice mechanisms to address such violations
abroad, and directs that the report identify other ways that
the Department could leverage its assistance through Federal,
private, or international partners.
Improper hiring practices.--The Committee was troubled to
learn of improper hiring practices and nepotism in the Justice
Management Division (JMD) documented in a 2012 OIG report. The
report, the third in recent years to address illegal hiring
practices in JMD, noted that ``. . .the pattern of fundamental
misconduct described in this report did not stem from ignorance
of the rules. Rather, most of the misconduct described in this
report--the nepotism, the Prohibited Personnel Practices, the
ethical lapses, the false and misleading statements--was the
result of bad behavior by individuals insufficiently impressed
with the principles of fair and open competition. We urge JMD
to demonstrate its zero tolerance for such behavior and
vigilantly to enforce proper hiring procedures and applicable
ethical standards in the future.'' The Committee notes that JMD
now requires those working for or seeking employment with JMD
to provide written disclosures of other family relationships
with Department employees, and directs the Attorney General to
implement such a policy department-wide, and to take every
possible step to prevent similar abuses from occurring
elsewhere in the Department.
Unauthorized transfer of missile defense technology.--The
Committee has received allegations that certain Missile Defense
Agency technology was transferred to unauthorized foreign
nationals, in violation of International Traffic in Arms
Regulations. The Committee understands the FBI investigated
this case and referred it to the Justice Department for
prosecution. However, the Committee has been disappointed by
the Department's failure to respond to its inquiries, as well
as the decision not to prosecute made by the U.S. Attorney for
the Northern District of California, despite a multi-year
investigation of the case. The Committee therefore directs the
Department to provide a briefing on this case no later than 60
days after the enactment of this Act.
Prescription drug abuse.--The Administrator of the Drug
Enforcement Administration (DEA) described prescription drug
abuse as the ``Nation's fastest-growing drug problem,'' and the
2011 National Survey on Drug Use and Health reported that there
are more users of prescription drugs for non-medical reasons
than users of cocaine, heroin, and hallucinogens combined. The
Committee urges the Attorney General to collaborate with State
and local law authorities on their efforts to intensify
enforcement against abuse and trafficking of prescription
drugs.
Drug-related violence in the Caribbean.--The Committee
remains concerned about high levels of violent crime linked to
narcotics trafficking in Puerto Rico and the U.S. Virgin
Islands. The Committee directs the Attorney General to report
not later than 120 days after the enactment of this Act on
Justice Department law enforcement personnel and resources in
Puerto Rico and the U.S. Virgin Islands, and how they
complement other Federal law enforcement agency efforts,
particularly of the Department of Homeland Security.
Canine detection standards.--The Committee recognizes the
importance of detection canine teams in the Nation's law
enforcement and national security efforts but understands that
there are widely differing standards and protocols for the
breeding, training, conditioning and deployment of detection
canine teams. The Committee supports efforts to improve
effectiveness of such teams and directs the Department to work
with NIST, in conjunction with subject matter experts in
academia, the private sector and government, to improve
breeding, training, and deployment standards and protocols for
detection canine teams.
Aviation operations.--The Department owns, leases,
maintains and operates fleets of passenger aircraft through
three component agencies: the FBI, DEA, and the U.S. Marshals
Service. In addition, the Attorney General has testified that
Justice Department agencies operate unmanned aircraft systems
primarily for surveillance purposes. The Committee recognizes
the value of aviation assets to the Department's missions but
also the significant investment they represent in facilities,
equipment, technology, operations, staffing and training. The
Committee therefore directs the Attorney General to submit, no
later than 180 days after the enactment of this Act, a report
on the management of Justice Department aviation programs.
The report shall include: a description of aviation program
organizational and management structures; a list of all
aircraft, by make, model and year, with a description of the
remaining useful life of those assets; and a list of associated
facilities and services. The report should also describe
mission operations, including flight hours, and provide data on
operating, staffing and training costs for fiscal years 2009-
2014, and operating and recapitalization cost estimates for
fiscal years 2015-2019. Finally, while the Committee recognizes
that there may be distinct missions for these assets, it also
expects there exist opportunities to leverage facilities,
procurement and support systems across the Department. The
report shall thus describe current efforts, as well as new
proposals, for sharing of aviation resources, to include joint
acquisition, maintenance and support, which would lead to
economies of scale or other savings, and optimize use of these
assets. Finally, the report should address how the Department
has addressed recommendations included in GAO-13-235, Executive
Use of DOJ Aircraft.
HIV/AIDS.--The Committee is aware of the finding of the
President's Advisory Council on AIDS (PACHA) that current
criminal laws require modernization, should be consistent with
current medical and scientific knowledge and avoid imposition
of unwarranted punishment based on health and disability
status. The Committee directs the Attorney General, within 90
days after enactment of this Act, to initiate a review of
Federal and State laws, policies, and regulations regarding
criminal and related civil commitment cases involving people
living with HIV/AIDS. The Committee further directs the
Attorney General, no later than 180 days from initiating the
review, to make best practice recommendations to ensure such
policies do not place unique or additional burdens on
individuals living with HIV/AIDS and reflect contemporary
understanding of HIV transmission routes and associated
benefits of treatment.
Oil and Gas Price Fraud Working Group.--The Committee
directs the Department of Justice to report to the Committees
on Appropriations the status of the Oil and Gas Price Fraud
Working Group's activities no later than 60 days after the
enactment of this Act.
JUSTICE INFORMATION SHARING TECHNOLOGY
The Committee recommends $25,842,000 for Justice
Information Sharing Technology, which is $6,957,000 below
fiscal year 2013 and the same as the request.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $307,000,000 for the Executive
Office for Immigration Review (EOIR) and the Office of the
Pardon Attorney, of which $4,000,000 is from immigration
examination fees. The recommendation is $630,000 below fiscal
year 2013 and $26,147,000 below the request. The recommendation
will permit EOIR to address backlogs in immigration
adjudication and support its Legal Orientation Program (LOP).
Legal Orientation Program and pilots.--The Committee
commends EOIR for the LOP and other programs that improve the
efficiency of court proceedings, reduce court costs, and help
ensure fairness and due process. The Committee encourages EOIR,
within the funding provided, to explore ways to better serve
vulnerable populations such as children and improve court
efficiency through pilot efforts aimed at improving their legal
representation.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $81,540,000 for the OIG, which is
$2,831,000 below fiscal year 2013 and $4,305,000 below the
request. The Committee is disappointed with delays in OIG
action and follow-up on several high profile reviews and
investigations, such as a compliance review on FBI policies
related to cooperation with the Council on American-Islamic
Relations. The Committee urges OIG to move with alacrity and
expedite such reviews in the future and to ensure its findings
and recommendations are provided to Congress and the Department
in a timely fashion.
Independent review of the Civil Rights Division.--As noted
above, the Committee includes language directing the transfer
of $1,000,000 of General Administration funding to the OIG,
which shall in turn select an independent entity to conduct an
assessment of the operation and management of the Department's
Civil Rights Division. This review, to be submitted to the
Committee one year after enactment of this Act, shall address
shortcomings identified in the March, 2013 OIG report, A Review
of the Operations of the Voting Section of the Civil Rights
Division, and include recommendations for specific management
and policy remedies.
United States Parole Commission
SALARIES AND EXPENSES
The Committee recommends $12,000,000 for the United States
Parole Commission, which is $532,000 below fiscal year 2013 and
$1,021,000 below the request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends $822,200,000 for General Legal
Activities, which is $42,264,000 below fiscal year 2013 and
$80,405,000 below the request. This appropriation supports the
establishment of litigation policy, the conduct of litigation,
and other legal responsibilities of the Department of Justice
through the Office of the Solicitor General, the Tax Division,
the Criminal Division, the Civil Division, the Environment and
Natural Resources Division, the Civil Rights Division, the
Office of Legal Counsel, and INTERPOL Washington. The Committee
has provided separate funding recommendations by decision unit
as follows:
Office of the Solicitor General....................... $10,850,000
Tax Division.......................................... 98,850,000
Criminal Division..................................... 164,900,000
Civil Division........................................ 270,600,000
Environment and Natural Resources Division............ 101,900,000
Office of Legal Counsel............................... 6,800,000
Civil Rights Division................................. 138,900,000
INTERPOL Washington................................... 29,400,000
-----------------
Total, General Legal Activities................... $822,200,000
INTERPOL.--The Committee remains concerned that foreign
governments may fabricate criminal charges against opposition
activists and, by abusing the use of INTERPOL red notices, seek
their arrest in countries that have provided them asylum. The
Department and INTERPOL Washington shall employ safeguards to
prevent such potential abuse of red notice protocols by foreign
countries to target political or religious dissidents. In
addition, the Committee is extremely concerned about the
treatment, including inappropriate prosecution and conviction,
of U.S. nongovernmental organization personnel in Egypt. The
Committee urges INTERPOL Washington to provide all possible
assistance to those affected.
Human trafficking.--The Committee recommends not less than
the fiscal year 2013 funding level for the Human Trafficking
and Slavery Prosecution Unit (HTSPU) in the Civil Rights
Division to fight human trafficking and slavery. The Committee
encourages HTSPU and the Anti-Trafficking Coordination Teams to
continue working with victim service providers and non-
governmental organizations to give priority to victim needs in
combatting human trafficking and slavery in the U.S.
Intellectual property.--U.S. industries lose billions of
dollars each year due to counterfeiting and global trade of
illegitimate goods. Within the funding provided, the Committee
expects the Criminal Division to make combating international
piracy of intellectual property a priority, including by
allocating appropriate resources both domestically and overseas
to support anti-piracy efforts.
VACCINE INJURY COMPENSATION TRUST FUND
The recommendation includes $7,833,000 as a reimbursement
from the Vaccine Injury Compensation Trust Fund for costs of
litigating cases under the National Childhood Vaccine Injury
Act of 1986 (Public Law 99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommends $159,000,000 for salaries and
expenses of the Antitrust Division, which is $2,285,000 below
fiscal year 2013 and $1,410,000 below the request. The
recommended funding level is offset by $103,000,000 in
estimated fee collections for a net direct appropriation of
$56,000,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $1,887,000,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, which is $45,716,000 below fiscal year 2013
and $120,717,000 below the request.
Prescription drug abuse.--Because of the widespread nature
of prescription drug abuse, within the funds provided, U.S.
Attorneys are expected to prioritize the investigation and
prosecution of pain clinics that serve as fronts for the
illegal distribution of addictive pain killers.
Human trafficking.--The Committee understands all U.S.
Attorney offices now lead regional human trafficking task
forces that meet on a quarterly basis, as required by the
fiscal year 2013 Appropriations Act (Public Law 113-6). The
Committee expects U.S. Attorneys to maintain their task force
participation and leadership roles in fiscal year 2014 and to
undertake proactive investigations, including investigations of
persons or entities facilitating trafficking in persons through
the use of classified advertising on the Internet. The
Committee directs the Department to submit quarterly updates on
the work of these task forces beginning no later than November
1, 2013. In addition, the Committee directs the Department to
continue outreach efforts in the form of public notices with
regard to the prevalence of human trafficking activities and to
report periodically to the Committee regarding such outreach.
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $213,000,000 for the United States
Trustee Program, which is $6,067,000 below fiscal year 2013 and
$12,728,000 below the request. The recommended funding is fully
offset by fee collections.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,100,000 for the Foreign Claims
Settlement Commission, which is $102,000 above fiscal year 2013
and $118,000 below the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000, which is the same as
fiscal year 2013 and the request, for fees and expenses of
witnesses who appear on behalf of the Government in cases in
which the United States is a party. This appropriation is
considered mandatory for scorekeeping purposes.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The Committee recommends $12,000,000 for the Community
Relations Service, which is $190,000 above fiscal year 2013 and
$464,000 below the request.
ASSETS FORFEITURE FUND
The Committee recommends $20,000,000 for the Assets
Forfeiture Fund, which is $555,000 below fiscal year 2013 and
$948,000 below the request.
United States Marshals Service
SALARIES AND EXPENSES
The Committee recommends $1,155,000,000 for the salaries
and expenses of the United States Marshals Service (USMS),
which is $18,551,000 below fiscal year 2013 and $49,033,000
below the request.
CONSTRUCTION
The Committee recommends $9,812,000, the same as fiscal
year 2013 and $188,000 below the request, for construction and
related expenses in space controlled, occupied or utilized by
the USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
The Committee recommends $1,600,000,000 for Federal
Prisoner Detention, including new direct appropriations of
$1,520,000,000 and prior year unobligated balances of
$80,000,000, which the budget request proposed for rescission.
The recommendation does not include this rescission and instead
assumes these balances will be used for fiscal year 2014
requirements under this account. The recommendation for new
direct appropriations is $96,462,000 below fiscal year 2013 and
$115,538,000 below the request.
National Security Division
SALARIES AND EXPENSES
The Committee recommends $91,800,000 for the National
Security Division, which is $3,451,000 above fiscal year 2013
and $4,440,000 below the request.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $486,000,000 for Interagency Crime
and Drug Enforcement, which is $25,999,000 below fiscal year
2013 and $37,037,000 below the request. Funds are included
under this heading to support interagency Organized Crime Drug
Enforcement Task Forces (OCDETF), which target high-level drug
trafficking organizations through coordinated, multi-
jurisdictional investigations.
Decision unit subtotals.--The recommendation includes
$345,000,000 for investigations and $141,000,000 for
prosecutions. The Committee notes OCDETF cases routinely
include Drug Enforcement Administration (DEA) personnel funded
from the DEA Salaries and Expenses account, as well as criminal
investigators and agents from other agencies who directly fund
their participation in OCDETF cases. The Committee directs
OCDETF to submit a report no later than 120 days after the
enactment of this Act displaying current and historical levels
of investigative and prosecutorial FTE devoted to OCDETF cases,
including FTE funded under this account and FTE funded from
other appropriations.
Transnational organized crime.--The recommendation does not
include a separate requested program increase of $3,000,000 for
transnational organized crime investigations, which was
proposed for support of the International Organized Crime
Intelligence and Operations Center (IOC-2). The Committee notes
that the IOC-2 was established in 2009 and supported to date by
staffing and funding from participating task force agencies,
and has been credited with important contributions to case
coordination and the assistance in criminal investigations and
prosecutions that focus on transnational organized crime.
However, the Committee notes, as it did in last year's report,
that the request did not identify the current level of funding
provided specifically for IOC-2 in prior fiscal years. In light
of the reduced total funding available this year, the Committee
encourages the Department to propose a reprogramming of funding
within this appropriation for purposes of covering the costs to
sustain IOC-2 operations. In addition, the Committee directs
the Department to submit a report no later than 60 days after
enactment of this Act, detailing any amounts allocated for IOC-
2, and the corresponding staffing levels, for fiscal years
2009-13.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $8,042,000,000 for the Salaries
and Expenses account of the Federal Bureau of Investigation
(FBI), which is $10,626,000 above fiscal year 2013 and
$319,687,000 below the request. The Committee has provided
separate funding recommendations by decision unit as follows:
Intelligence.......................................... $1,681,000,000
Counterterrorism/Counterintelligence.................. 3,240,000,000
Criminal Enterprise/Federal Crimes.................... 2,616,000,000
Criminal Justice Services............................. 505,000,000
-----------------
Total, Salaries and Expenses...................... $8,042,000,000
Computer intrusions, cyber threats and cybersecurity.--The
scale and number of cyber attacks and crimes are acknowledged
to be top threats to national and economic security. They
affect public and private systems, networks, and virtually any
point where people, organizations and government connect.
Threats have been identified from state-sponsored adversaries,
as well as from persistent and sophisticated terrorist and
criminal actors. In February 2013, GAO reported (GAO-13-187)
that the number of incidents reported by Federal agencies to
the U.S. Computer Emergency Readiness Team had increased 782
percent from 2006 to 2012.
Within the funding provided, the Committee recommends an
increase in support of the FBI's request for a comprehensive
Next Generation Cyber (NGC) initiative to improve its capacity
to investigate computer intrusions and defeat cyber threat
actors. NGC will enhance victim and field investigative
resources, cyber collection and analysis, and provide field
operations with centralized capability to handle malware and
share information, analysis and advance investigations. The FBI
has described this as a ``whole of government'' approach,
driven by outcomes and results based. Consistent with that, the
Committee expects the FBI to advance its work through a
national network of cyber task forces of Federal, State, local
and international partners in government, industry and
academia. The Committee directs the FBI to submit an updated
annual national cyber threat assessment, in both classified and
unclassified versions, to the Committee with the President's
fiscal year 2015 budget request. The report should identify and
rank foreign governments and non-state actors according to the
cyber threats they pose to the United States.
Computer forensics and digital evidence training.--The
Committee is concerned with the impact of budgetary constraints
on computer forensics training assistance for State and local
law enforcement, in light of increased use of technology to
commit crimes and the subsequent need of law enforcement to
acquire and exploit digital evidence. The Committee is
concerned that State and local justice systems often lack the
skills and knowledge needed to investigate, prosecute and try
cases involving cybercrimes and digital evidence. The FBI has
significant expertise in computer forensics and State and local
training and coordination, and the Committee encourages the FBI
to leverage its efforts by coordinating with other Federal
partners, such as the U.S. Secret Service, to support and train
State and local investigators, prosecutors and judges.
Counterintelligence.--The Committee remains concerned over
the extent to which the Chinese government and its military,
intelligence or Communist party entities control organizations
that promote educational, cultural or professional exchanges,
as first noted in the fiscal year 2013 House report. The
Committee therefore directs the FBI to submit a report, no
later than 60 days after enactment of this Act, describing any
such organizations engaged in exchange programs that involve
U.S. officials, and measures taken to ensure those officials
are informed of Chinese government involvement in the programs.
Liaison partnerships.--The Committee directs the FBI to
report any violations of its prohibition on non-investigative
cooperation with the Council on American-Islamic Relations, and
encourages it to adopt similar policies with regard to other
individuals and organizations identified as unindicted co-
conspirators in terrorism-related cases.
Human rights violations.--The Committee directs the FBI to
submit, with the President's fiscal year 2015 budget request,
the second annual report on its investigative and related
support for the Department's prosecution of human rights
violations by foreign nationals.
Human trafficking.--The FBI has reported that its pending
human trafficking cases nearly tripled between 2009 to the end
of fiscal year 2012, resulting in hundreds of arrests,
indictments and convictions. The Committee expects the FBI to
increase such activities in fiscal year 2014, and directs it to
report no later than 120 days after the enactment of this Act
on agent utilization and overall staff resources dedicated to
trafficking investigations and prosecution in fiscal years 2011
through 2014, including participation of FBI personnel in human
trafficking task forces. The report shall describe progress in
implementing a Uniform Crime Report category for human
trafficking, as required in the Trafficking Victims Protection
and Reauthorization Act of 2008, and as directed by the
Committee in last year's report. The Committee expects the
Bureau to share trafficking case information on an ongoing
basis with other law enforcement agencies and task forces
investigating similar cases.
9/11 Commission recommendations.--The recommendation
includes up to $500,000 to support the review of the
recommendations of the 9/11 Commission directed in the fiscal
year 2013 Appropriations Act (Public Law 113-6), and directs
the FBI to expedite this undertaking. The Committee also
directs the FBI to identify, in its report on the Commission's
findings, specific actions underway or planned to implement
those findings, and associated funding requirements.
Domestic radicalization and violent extremism.--The
Committee notes that the FBI established a new Countering
Violent Extremism (CVE) Office within the National Security
Branch. The Committee directs the FBI to provide a briefing on
how the CVE Office is enhancing the mission of the Department
and Federal partners, and how it supports State and local
officials and leaders, to include sharing information and
providing operational and mission support.
Violent Gangs.--The recommendation continues funding for
FBI's Safe Streets Task Forces to combat violent gang crime.
The Committee remains aware that violent gang activity is
increasing, and so does not adopt the Department's proposal to
terminate the National Gang Intelligence Center (NGIC), but
directs the FBI to at a minimum sustain current NGIC efforts in
fiscal year 2014 from within its Salaries and Expenses
appropriation. One aspect of particular concern to the
Committee is the growing link between violent gangs and human
trafficking. The 2011 National Gang Threat Assessment noted
``gang involvement in alien smuggling, human trafficking, and
prostitution is increasing primarily due to their higher
profitability and lower risks of detection and punishment than
that of drug and weapons trafficking'', and found at least 35
States and territories reporting such activity. The Committee
directs the FBI to report no later than 120 days after
enactment of this Act on trends in this relationship, and how
FBI anti-gang programs are disrupting gang trafficking rings.
Insider Threat--Counterintelligence.--The Director of
National Intelligence has reported that insiders have caused
``significant damage to US interests from the theft and
unauthorized disclosure of classified, economic, and
proprietary information and other acts of espionage.'' The
National Counterintelligence Executive noted that ``insider
threats remain the top counterintelligence challenge to our
community.'' The FBI notes that such threats ``can go unnoticed
for months or even years.'' The Committee is concerned about
insider threats to the U.S. industrial base, its national labs
and research centers, and notes the rising number of economic
espionage cases involving Chinese nationals. The Committee is
pleased that the FBI has made its guide, ``The Insider
Threat,'' publicly available to companies, and directs it to
build on such work. The Committee directs the FBI to provide
the Committee an unclassified report no later than 120 days
after the enactment of this Act, with a classified annex,
reporting on trends in espionage in U.S. labs, industry and
academia, including an analysis of the profile of ``insider
threat'' actors, to better inform and advise the U.S. research
community on how to better detect and deter potential espionage
threats.
Money laundering.--The Committee understands that Bitcoins
and other forms of peer-to-peer digital currency are a
potential means for criminal, terrorist or other illegal
organizations and individuals to illegally launder and transfer
money. News reports indicate that Bitcoins may have been used
to help finance the flight and activity of fugitives. The
Committee directs the FBI, in consultation with the Department
and other Federal partners, to provide a briefing no later 120
days after the enactment of this Act on the nature and scale of
the risk posed by such ersatz currency, both in financing
illegal enterprises and in undermining financial institutions.
The briefing should describe the FBI efforts in the context of
a coordinated Federal response to this challenge, and identify
staffing and other resources devoted to this effort.
Financial crime.--The Committee remains concerned about the
prevalence of financial crime. Within the funding provided, the
FBI is expected to continue to make investigation of corporate,
securities, commodities and mortgage fraud a priority.
Intellectual property rights (IPR) enforcement.--The
Committee expects the FBI to continue to prioritize the
investigation of IPR cases, and to coordinate with IPR units at
the U.S. Attorneys and the Criminal Division. The Committee
notes and commends the investigative work of the Bureau leading
to the indictment of an international organized criminal
enterprise charged with massive worldwide online piracy of
numerous types of copyright works. A recent academic study
found that shutting down a single website dedicated to IP theft
resulted in a significant increase in legal purchases of films
through licensed distribution channels, demonstrating the
economic impact of targeted enforcement. The FBI shall submit a
report, not later than 120 days after enactment of this Act, on
the activities of its dedicated agents investigating IPR cases.
CONSTRUCTION
The Committee recommends $79,900,000 for the construction
of FBI facilities and related activities, which is $438,000
above fiscal year 2013 and $1,082,000 below the request.
Drug Enforcement Administration
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,304,517,000 for salaries and expenses, of which $334,912,000
is derived from fees deposited in the Diversion Control Fund,
and $1,969,605,000 is provided by direct appropriation. The
recommended direct appropriation is $42,803,000 below fiscal
year 2013 and $98,347,000 below the request.
Diversion control.--The recommendation includes
$334,912,000 for the regulatory and enforcement activities of
DEA's Diversion Control Program. The Diversion Control Program
is fully funded by fee collections. Within this level of
funding the Committee expects DEA to sustain its current level
of effort for Tactical Diversion Squads and scheduled
regulatory investigations.
Methamphetamine lab cleanup.--The funding recommendation
for State and Local Law Enforcement Assistance includes
$10,000,000 for transfer to DEA to assist State, local and
tribal law enforcement agencies with the removal and disposal
of hazardous materials at methamphetamine labs, including funds
for training, technical assistance, purchase of equipment, and
a container program. The Committee understands that
efficiencies created by adoption of container pickups will
enable DEA to support all anticipated cleanup requests in
fiscal year 2014.
Drug scheduling process.--The Committee directs DEA to
report, no later than 90 days after the enactment of this Act,
on the process and timeline for making a scheduling
determination for a new chemical entity contained in a product
being evaluated by the Food and Drug Administration (FDA) and
for which FDA has requested a DEA determination. The report
shall describe the drug scheduling determination process from
the time DEA receives an FDA request to the time a final rule
is published in the Federal Register.
Marijuana eradication.--The Committee is concerned about
the spread of illegal marijuana cultivation in the United
States and the corresponding burden such crime imposes on small
and rural law enforcement agencies with regards to marijuana
eradication. The Committee directs the Drug Enforcement
Administration, in consultation with the Office of National
Drug Control Policy and other law enforcement partners, to
coordinate efforts with small and rural law enforcement
agencies to eradicate marijuana more effectively through shared
intelligence, technology, and manpower, despite limited
resources.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,142,000,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is $10,303,000 above fiscal year 2013
and $87,518,000 below the request.
Gun law enforcement.--The recommendation includes funding
above the current year level to investigate violations of
Federal firearms laws. This increase shall support increased
violent crime reduction and inspection capabilities, as well as
crime gun tracing. The Committee directs ATF to report no later
than 60 days after the enactment of this Act on its allocation
of fiscal year 2014 funding for programs and personnel for
violent crime enforcement, regulatory efforts, and firearms
tracing, to include expansion and support of the National
Integrated Ballistics Information Network.
Tobacco enforcement.--The Committee is aware of illicit
schemes to circumvent taxes on tobacco products, and directs
ATF to report no later than 60 days after the enactment of this
Act on its tobacco enforcement strategies and resources, and
recommendations for additional authorities and tools that could
improve ATF's tobacco enforcement posture.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $6,580,000,000 for salaries and
expenses of the Bureau of Prisons (BOP), which is $112,202,000
below fiscal year 2013 and $251,150,000 below the request. The
Committee has provided separate funding recommendations by
decision unit as follows:
Inmate Care and Programs.............................. $2,540,000,000
Security and Administration........................... 2,785,000,000
Management and Administration......................... 195,000,000
Contract Confinement.................................. 1,060,000,000
-----------------
Total, Salaries and Expenses...................... $6,580,000,000
Facility staffing and capacity.--The Committee continues to
prioritize maintaining staffing levels at institutions and the
continuation of activation activities, as necessary, at the
four institutions which received fiscal year 2013 activation
funding. No funding is included for the activation of the
Thomson, Illinois facility.
Compassionate release.--While BOP cannot control how many
people enter prison, a recent GAO report (GAO-12-320) found
that BOP underutilizes operational authority to shorten prison
stays by failing to maximize the use of community confinement
at the end of sentences and the use of the Residential Drug
Abuse Program. The Committee is also aware of the recent OIG
report (I-2013-006) on BOP's failure to provide for
compassionate release as Congress intended, which included
recommendations on ways BOP could protect public safety while
generating millions of dollars in savings. The Committee
directs BOP to provide a briefing no later than 120 days after
the date of enactment of this Act on its progress in
implementing the OIG recommendations.
Contract confinement.--The Committee recognizes the value
of contract confinement in meeting BOP's expanding low security
facility requirements. The Committee expects BOP to meet bed
space needs by using State, local and private prison capacity,
if such facilities meet BOP standards, as a means to help
alleviate overcrowding.
BUILDINGS AND FACILITIES
The Committee recommends $90,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, which is
$1,689,000 above fiscal year 2013 and $15,244,000 below the
request. The Committee directs the Bureau to move forward with
ongoing facilities planning efforts for future prison
construction projects to meet projected capacity requirements.
The Committee recommendation does not include funding for any
renovation, upgrades or construction at the Thomson, Illinois
facility.
The Committee directs the BOP to continue to provide a
monthly status of construction report, and to notify the
Committee of any deviation from the construction and activation
schedule identified in those reports.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The Committee recommends a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated (FPI), which is $51,000 above fiscal year 2013 and
the same as the request.
Product procurements.--Section 506 continues language
directing that promotional items purchased with funds provided
by this Act shall be produced in the United States. In
addition, 18 U.S.C. 1761, as amended in the 2012 Appropriations
Act (Public Law 112-55), authorizes FPI to manufacture products
no longer made in the United States. The Committee is pleased
that FPI and the BOP are taking steps to exercise this
authority, and the Committee therefore directs the BOP
Director, with the support of the Attorney General, to survey
annually the Department and other Federal agencies to determine
which promotional products purchased by such agencies are
manufactured outside the United States, and might otherwise be
procured through FPI. The Committee directs FPI to continue to
maintain this information in a database to help inform its
board of directors of opportunities to repatriate
manufacturing, with the object of creating new American jobs,
not competing with existing U.S. businesses, and to provide a
quarterly report to the Committee on FPI's capacity to provide
these services as an alternative to foreign manufacturers.
State and Local Law Enforcement Activities
In total, the Committee recommends $1,885,300,000 for State
and local law enforcement and crime prevention grant programs,
including $1,804,300,000 in discretionary appropriations. The
discretionary total is $356,582,000 below fiscal year 2013 and
$535,900,000 below the request.
Within this amount, the Committee has prioritized programs
that: combat violence against women, help missing and exploited
children, improve school safety, and reduce overcrowding in
prisons. The Committee funds these targeted increases by
reducing funding for or eliminating lower priority programs.
Management and administrative expenses.--The Committee
encourages grant offices to minimize administrative spending in
order to maximize funding for grants or training and technical
assistance. The Committee also directs the Department to ensure
that the methodology for assessing management and
administration costs is equitable and reflects a fair
representation of the share of each program devoted to common
management and administrative costs. The Committee notes that
an across-the-board percentage assessment may not be the most
appropriate solution. The Committee is aware that, in general,
the Department's grant offices for State and Local Law
Enforcement Activities have authority to allocate certain
expenses administratively to various activities that are
ancillary to the core purposes of the appropriation (e.g., peer
review for a competitive program, training and technical
assistance, and research and statistical activities).
Office of Victims of Crime (OVC).--The recommendation
provides $15,000,000 above the current level for OVC. Within
available resources, OVC may implement the office's Vision 21,
which seeks to bring better technology, planning, research and
data into the crime victims services field.
The Committee is also concerned with how management and
administration costs are being applied to state Victims of
Crime Act grants. The Committee directs the Department to bring
administrative and management costs for these grants in line
with costs associated with the management of similar Justice
grant programs.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $413,000,000 for the Office on
Violence Against Women (OVW), which is $4,318,000 above fiscal
year 2013 and $500,000 above the request. The recommendation
includes funding above the request for the sexual assault
services program and for research and evaluation on violence
against women. Funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
STOP Grants........................................... $189,000
Transitional Housing Assistance....................... 22,250
Research and Evaluation on Violence Against Women..... 3,250
Consolidated Youth-oriented Program................... 10,000
Grants to Encourage Arrest Policies................... 50,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Services Program....................... 25,000
Rural Domestic Violence and Child Abuse Enforcement... 35,500
Violence on College Campuses.......................... 9,000
Civil Legal Assistance................................ 41,000
Elder Abuse Grant Program............................. 4,250
Family Civil Justice.................................. 16,000
Education and Training for Disabled Female Victims.... 5,750
National Resource Center on Workplace Responses....... 500
Research on Violence Against Indian Women............. 1,000
Indian Country--Sexual Assault Clearinghouse.......... 500
=================
TOTAL, Violence Against Women Prevention and $413,000
Prosecution Programs...............................
------------------------------------------------------------------------
Sexual assault services program (SASP).--The recommendation
provides $25,000,000 for SASP, which is an increase of $469,000
above fiscal year 2013 and $2,000,000 above the request.
Research on violence against women.--``Honor violence'' is
a form of violence against women committed with the motive of
protecting or regaining the perceived honor of the perpetrator,
family or community. There is currently a lack of statistical
information on the occurrence of honor violence in the United
States. Therefore, of the amounts provided for research and
evaluation on violence against women, no less than $250,000
shall be for the Bureau of Justice Statistics (BJS) to collect
statistics and report on the incidence of honor violence in the
United States. BJS shall build on OVW's and the National
Institute of Justice's (NIJ) existing research efforts, examine
whether Uniform Crime Reports, the National Crime Victimization
Survey or other relevant data series should collect and report
data on honor violence, and report to the Committee its
findings, plans and recommendations for statistical data
collection no later than one year after enactment of this Act.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The Committee recommends $114,000,000 for Research,
Evaluation and Statistics, which is $10,616,000 below fiscal
year 2013 and $20,400,000 below the request. Funds are
distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Bureau of Justice Statistics.......................... $42,000
National Institute of Justice......................... 37,000
Regional information sharing activities............... 35,000
=================
TOTAL, Research, Evaluation and Statistics.......... $114,000
------------------------------------------------------------------------
Domestic radicalization.--According to the Congressional
Research Service, there have been 69 homegrown jihadist
terrorist plots and attacks since 9/11, including 48 plots or
attacks since May 2009. The Committee appreciates the efforts
of the NIJ in examining the drivers of domestic radicalization
and defining the role of State and local law enforcement in
breaking the radicalization and recruitment cycle that sustains
terrorism. The Committee is concerned that violent
radicalization--the process of adopting or promoting an
extremist belief system for the purpose of facilitating
ideologically based violence to advance political, religious,
or social change--is a significant and elusive aspect of the
terrorism threat to the U.S. Therefore, in addition to the
resources provided under this heading to NIJ, $4,000,000 is
provided under the State and Local Law Enforcement Assistance
account for such research. The Committee expects these funds to
be used solely for activities directly related to domestic
radicalization.
National Law Enforcement and Corrections Technology
Centers.--The Committee continues to support the National Law
Enforcement and Corrections Technology Centers, a network of
facilities and capabilities that converts technology to law
enforcement use. The Centers provide actual casework assistance
when highly-specialized technologies are required, and help
identify and locate high quality technologies and equipment for
law enforcement use. The recommendation continues the current
year level of funding for the Centers.
Regional information sharing activities.--The
recommendation includes $35,000,000 for regional information
sharing activities, to support activities that enable the
sharing of criminal intelligence and other resources by State,
local, and other law enforcement agencies and organizations.
Such activities should address critical and chronic criminal
threats, including gangs, terrorism, narcotics, and weapons, as
well as officer safety or ``event deconfliction,'' and should
reflect regional as well as national priorities. In addition,
funds shall be available to support local-to-local law
enforcement data and information sharing efforts focused on
solving routine crimes, especially in rural areas, by sharing
law enforcement information not categorized as criminal
intelligence. All activities shall be consistent with national
information sharing standards and requirements as determined by
the Bureau of Justice Assistance.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends $1,065,000,000 for State and Local
Law Enforcement Assistance programs, which is $54,012,000 below
fiscal year 2013 and $60,000,000 above the request. Funds are
distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............. $465,000
VALOR Initiative.................................... (15,000)
Domestic Radicalization Research.................... (4,000)
Puerto Rico Plebiscite.............................. (2,500)
Comprehensive School Safety Initiative.............. (75,000)
State Criminal Alien Assistance Program............... 165,000
Byrne Competitive Grants.............................. 10,000
Victims of Trafficking Grants......................... 13,500
Drug Courts........................................... 41,000
Mentally Ill Offender Act............................. 7,500
Residential Substance Abuse Treatment................. 6,000
Capital Litigation and Wrongful Conviction Review..... 1,000
Economic, High-tech and Cyber Crime Prevention........ 4,000
Adam Walsh Act Implementation......................... 20,000
National Sex Offender Public Website.................. 1,000
National Instant Criminal Background Check System 55,000
(NICS) Initiative....................................
DNA Initiative........................................ 125,000
Debbie Smith DNA Backlog Grants..................... (117,000)
Post-Conviction DNA Testing Grants.................. (4,000)
Sexual Assault Forensic Exam Program Grants......... (4,000)
CASA--Special Advocates............................... 3,500
Tribal Assistance..................................... 30,000
Second Chance Act/Offender Reentry.................... 55,000
Smart Probation..................................... (5,000)
Veterans Treatment Courts............................. 4,000
Missing Alzheimer's Patients Grants................... 1,000
Prescription Drug Monitoring.......................... 7,000
Prison Rape Prevention and Prosecution................ 12,500
Campus Public Safety.................................. 3,000
Justice Reinvestment Initiative....................... 25,000
Charles Colson Task Force on Federal Corrections.... (1,000)
Transfer to DEA for meth lab cleanups................. 10,000
=================
TOTAL, State and Local Law Enforcement Assistance... $1,065,000
------------------------------------------------------------------------
National Instant Criminal Background Check System (NICS)
Initiative grants.--The recommendation includes $55,000,000 for
grants to improve records in the NICS system, which is
$37,338,000 above fiscal year 2013 and the same comparable
funding level as the request.
NICS is a critical tool for keeping firearms out of the
hands of prohibited persons, but is only effective if State
records are complete and included. According to the FBI, 16
jurisdictions have submitted fewer than five mental health
records into the NICS system, and six jurisdictions submitted
none.
The Department uses two grant programs to help States
improve the quality of data they enter into NICS. The first,
the National Criminal History Improvement Program (NCHIP),
authorized in 1993, provides grants to States to improve their
criminal records and related systems. Yet while NCHIP funding
may be used to improve mental health records in NICS, some
States that have received millions of dollars in funding have
provided few if any mental health records to NICS.
The second, the NICS Improvement Amendments Act (NIAA),
enacted in 2007, created the NICS Act Record Improvement
Program (NARIP) to address these gaps by providing grants to
States to establish or upgrade information and identification
technologies directly related to firearms purchasing
eligibility determinations. However, OJP reports that
jurisdictions have difficulty meeting NARIP's strict
eligibility standards, and as of May 21, 2013, only 21 States
are eligible for NARIP grants.
The budget request proposed funding NICS improvements in
these two programs: $5,000,000 for NARIP and $50,000,000 for
NCHIP. The recommendation consolidates these programs, allowing
the Department to use both NCHIP and NARIP authorities for
grants. This will provide a more flexible--and more
accountable--means of encouraging States to include additional
records in NICS. To these ends, the Committee directs that the
grants made under the broader NCHIP authorities be made
available only for efforts to improve records added to NICS.
Additionally, the Department shall prioritize funding under
NARIP authorities with the goal of making all States NIAA
compliant. The Department also shall apply penalties to
noncompliant States to the fullest extent of the law.
The Committee understands that ATF is willing to provide
technical assistance to all States seeking to establish
programs that meet the NIAA requirements for NARIP grants. Even
in the absence of funding exclusively for NARIP, the Committee
directs the Department to continue these efforts. The Committee
again urges OJP, ATF and FBI to assist States that are not
currently eligible for NARIP grants in meeting the eligibility
requirements.
Finally, it is noted that in January, 2013, the Committee
asked the Department to submit a reprogramming request to
provide additional funding to States to improve NICS records.
The Committee appreciates the Department's acting on this
request and identifying an additional $14,000,000 in fiscal
year 2013 funding for this purpose.
National Center for Campus Public Safety.--The
recommendation includes $3,000,000 for the National Center for
Campus Public Safety. The Department is currently working to
establish the center, first funded in fiscal year 2013 via
reprogramming. The fiscal year 2013 full-year appropriations
Act (Public Law 113-6) subsequently included additional funding
for the center.
Comprehensive school safety initiative.--The recommendation
includes $75,000,000 for a comprehensive school safety
initiative. The Administration had proposed to fund this
initiative in the Office of Community Oriented Policing
Services; the Committee instead recommends funding in the
Office of Justice Programs through an amount designated within
the Byrne Memorial Justice Assistance Grant program. The
Committee tasks NIJ with developing and implementing the
initiative. NIJ shall work closely with the National Center for
Campus Public Safety in this effort and shall provide
additional operational support to the Center as needed. The
initiative shall, at a minimum, provide for research,
evaluation and statistics relating to school safety and youth
violence, and provide evidence-based grants to States and
localities to improve school safety. NIJ shall report to the
Committee no later than 90 days after enactment of this Act on
its plans for implementation of this initiative.
Byrne Memorial Justice Assistance Grant (Byrne/JAG)
program.--The recommendation includes $465,000,000 for the
Byrne/JAG program. Funding under this formula program is
authorized for law enforcement programs; prosecution and court
programs; prevention and education programs; corrections
programs; drug treatment and enforcement programs; planning,
evaluation, and technology improvement programs; and crime
victim and witness programs, other than compensation. Within
the amount provided, $75,000,000 is for the comprehensive
school safety initiative described above, $4,000,000 is for
research on domestic radicalization, $2,500,000 is for a Puerto
Rico plebiscite and $15,000,000 is for the Preventing Violence
Against Law Enforcement and Ensuring Officer Resilience and
Survivability (VALOR) Initiative. The recommendation for Byrne/
JAG formula grants is $4,054,000 above the fiscal year 2013
level.
Puerto Rico plebiscite.--The recommendation includes
$2,500,000 for objective, nonpartisan voter education about,
and a plebiscite on, options that would resolve Puerto Rico's
future political status. The funds provided for the plebiscite
shall not be obligated until 45 days after the Department
notifies the Committees on Appropriations that it approves of
an expenditure plan from the Puerto Rico State Elections
Commission for voter education and plebiscite administration,
including approval of the plebiscite ballot. This notification
shall include a finding that the voter education materials,
plebiscite ballot, and related materials are not incompatible
with the Constitution and laws and policies of the United
States.
Bulletproof Vest Partnership (BVP).--As in the
Administration's request, the recommendation does not include
additional funding for the BVP. The Department has at least
$30,000,000 in prior-year unobligated balances available to
support grant activities in fiscal year 2014. This pause in new
appropriated funding for the BVP will not disrupt the program's
operations.
State Criminal Alien Assistance Program (SCAAP).--The
recommendation includes $165,000,000 for SCAAP, which provides
grants that reimburse states and localities for the costs
incurred in incarcerating undocumented criminal aliens. The
President's request proposed to terminate this program.
Economic, high-technology and cyber crime prevention.--The
recommendation includes $4,000,000 for economic, high-
technology, and cyber crime prevention. The Committee
encourages the Department to assist State and local law
enforcement agencies with the prevention, investigation and
prosecution of intellectual property crimes. This program,
administered by the Bureau of Justice Assistance, provides
competitive grants to support and train State and local public
safety agencies to combat intellectual property crimes such as
counterfeiting and piracy.
Byrne competitive grants.--The recommendation includes
$10,000,000 for competitive grants to improve the functioning
of the criminal justice system, prevent or combat juvenile
delinquency, and assist victims of crime. The Committee urges
the Department to prioritize support for an integrated
continuum of services and programs for both at-risk children
and their families for the prevention, control or reduction of
juvenile delinquency. The Committee also urges the Department
to prioritize support for work to improve forensic interview
training for child abuse investigation and prosecution
professionals.
Tribal assistance.--The recommendation includes $30,000,000
for tribal grant programs. The Committee expects OJP to
continue to consult closely with tribal stakeholders to
determine how tribal assistance funds will be allocated among
grant programs that improve public safety in tribal
communities, such as grants for detention facilities under
section 20109 of subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322),
civil and criminal legal assistance as authorized by title I of
Public Law 106-559, tribal courts, and alcohol and substance
abuse reduction assistance programs. The Committee directs OJP
to submit, no later than 45 days after enactment of this Act,
an allocation of funds that has been informed by such
consultation. The Committee notes that the recommendation
includes additional grant funding for tribal law enforcement
programs through OVW.
DNA initiative.--The recommendation includes $125,000,000
for DNA-related and forensic programs and activities, an
increase of $25,000,000 above the request. Within the funding
provided, the Committee provides $4,000,000 each for Post-
Conviction DNA Testing grants and Sexual Assault Forensic Exam
Program grants. The Committee expects that OJP will make
funding for DNA analysis and capacity enhancement a priority to
meet the purposes of the Debbie Smith DNA Backlog Grant
Program. The Committee directs the Department to submit, no
later than 45 days after enactment of this Act, a plan for the
use of all funds appropriated for DNA-related and forensic
programs and a report on the alignment of appropriated funds
with the authorized purposes of the Debbie Smith DNA Backlog
Grant Program.
Katie Sepich Enhanced DNA Collection Act.--In January 2013,
the President signed into law the Katie Sepich Enhanced DNA
Collection Act (Public Law 112-253), which authorizes grants to
assist States with the costs of collecting arrestee DNA. The
Committee expects the Department to fund these activities
within the amount provided for the DNA initiative. The
Department shall report to the Committee no later than 45 days
after enactment of this Act on the status of this program.
Victims of trafficking grants.--The recommendation includes
$13,500,000 for human trafficking task force activities and for
services for victims, an increase of $3,000,000 above the
request. These funds may also be used to develop, expand and
strengthen assistance programs for child victims of sex and
labor trafficking. No later than 45 days after enactment of
this Act, OJP shall report to the Committee on planned uses of
these funds.
Prescription drug monitoring.--The recommendation includes
$7,000,000 for the Prescription Drug Monitoring Program. The
diversion and abuse of prescription medications has become our
Nation's fastest growing drug problem, with drug overdose
deaths now surpassing motor vehicle accidents as the number one
cause of accidental deaths nationwide.
Methamphetamine lab cleanup.--The recommendation includes
$10,000,000, which shall be transferred to DEA to assist State,
local and tribal law enforcement agencies with the removal and
disposal of hazardous materials at methamphetamine labs,
including funds for training, technical assistance, the
purchase of equipment, and a container program. The Committee
notes that the recommended amount will meet anticipated demand
and that improvements in cleanup methodology, such as use of
containers for collecting materials and waste, have
significantly reduced costs.
Drug courts.--The recommendation includes $41,000,000 for
drug courts, which is $770,000 above the fiscal year 2013
level. Drug courts help reduce recidivism and substance abuse
among non-violent offenders and increase an offender's
likelihood of successful rehabilitation through intense,
judicially-supervised treatment, mandatory periodic drug
testing, community supervision, and appropriate sanctions. The
Committee expects these funds to be used to provide grants and
technical assistance to State, local, and tribal governments to
support the development, expansion, and enhancement of drug
courts, based upon their efficacy as a systematic response to
substance abuse and crime.
Mentally ill offenders.--The recommendation includes
$7,500,000 for mentally ill offender programs. Grants provided
under the Mentally Ill Offender Treatment and Crime Reduction
Act (Public Law 108-414) provide support for a broad range of
activities, including mental health courts, mental health and
substance abuse treatment for incarcerated mentally ill
offenders, community reentry services, and cross-training of
criminal justice, law enforcement, and mental health personnel.
Such grants also promote improved training of State and local
law enforcement to help them identify and improve responses to
people with mental illnesses.
Veterans treatment courts.--The recommendation includes
$4,000,000 to support veterans treatment courts. The Committee
expects the Department to work in conjunction with the
Department of Veterans Affairs, as appropriate, to provide
grant support for collaborative, rehabilitative approaches for
continuing judicial supervision over offenders who are
veterans.
Second Chance Act/offender reentry programs.--The
recommendation includes $55,000,000 for Second Chance Act
grants. The Committee remains concerned that despite a dramatic
increase in corrections spending over the past two decades,
recidivism and re-incarceration rates are largely unchanged.
The Committee is aware that case studies of innovative,
evidence-based practices provide a strong indication that this
pattern can be reversed. The Committee expects that Second
Chance Act grants will foster the implementation of strategies
that have been proven to reduce recidivism and ensure safe and
successful reentry back to their communities of adults released
from prisons and jails. The Committee directs the Department to
submit, no later than 45 days after enactment of this Act, a
plan for the use of all funds appropriated for Second Chance
Act programs. The Committee expects such plan to designate
funds for proven, evidenced-based programs that will further
the goal of maximizing public safety.
Justice reinvestment initiative.--The recommendation
provides $25,000,000 for a justice reinvestment initiative,
which would expand a DOJ pilot project that provides assistance
to jurisdictions to implement data-driven strategies to improve
public safety by reducing corrections spending and reinvesting
those savings in efforts to decrease crime and strengthen
neighborhoods. The Committee recognizes the tremendous
potential of justice reinvestment efforts, noting that
successful efforts in the States, such as Kansas, North
Carolina, Ohio, and Pennsylvania, have saved millions of
dollars and serve as models for criminal justice reform in the
Nation. Funding may be used to provide technical assistance to
States, expand the initiative to additional States, or provide
additional funding for existing sites.
Colson Task Force.--Of the amount provided for justice
reinvestment, not less than $1,000,000 is included to establish
and support the operations of a nine-person, bipartisan, blue
ribbon Charles Colson Task Force on Federal Corrections to
address challenges in the Federal corrections system. To create
this task force the Department shall, no later than 60 days
after enactment of this Act, choose an organization that will
convene individuals with recognized relevant expertise in
justice reinvestment and corrections reform. Not later than 12
months after its first meeting, the task force shall prepare
and submit a report that contains a statement of its findings,
conclusions, and recommendations to the Congress, Attorney
General and President.
The task force shall develop practical, data-driven policy
options to increase public safety, improve offender
accountability, reduce recidivism, and control growth of
spending on corrections. As part of its work, the task force
shall examine: overcrowding in BOP facilities and options to
avert continued growth in the system population; measures to
address overcrowding within facilities; violence in the system,
including gang violence, and improved public safety measures;
prison rehabilitation and employment programs; and reentry
programs and policies to reduce recidivism. The task force
shall also undertake a comprehensive analysis of relevant
criminal justice data; identify factors driving the growth in
prison populations; study ``lessons learned'' from successful
State-level justice reinvestment initiatives; and evaluate
current and potential criminal justice policies, including the
cost-effectiveness of spending on corrections.
The Committee names this task force for Charles ``Chuck''
Colson, who went from President's Counsel to Federal prisoner
because of his involvement in the Watergate scandal. However,
as a result of his prison experience and the spiritual
transformation he underwent there, Colson went on to found the
Prison Fellowship to support and minister to prisoners and
their families in the United States and around the world, and
later the Justice Fellowship, which he established as an
advocacy organization to champion prisoner rights and fight
injustices within the criminal justice system.
Evidence-based programs.--The Committee strongly urges the
Department to ensure that, to the greatest extent practicable,
competitive grants are used to support evidence-based programs
and activities.
JUVENILE JUSTICE PROGRAMS
The Committee recommends $196,000,000 for Juvenile Justice
programs, which is $78,254,000 below fiscal year 2013 and
$136,500,000 below the request. Funds are distributed as
follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Part B--State Formula Grants.......................... $20,000
Youth Mentoring Grants................................ 90,000
Victims of Child Abuse Programs....................... 19,000
Missing and exploited children programs............... 67,000
=================
TOTAL, Juvenile Justice........................... $196,000
------------------------------------------------------------------------
Youth mentoring grants.--The recommendation includes
$90,000,000 for youth mentoring grants, which is $1,689,000
above fiscal year 2013 and $32,000,000 above the request.
Victims of child abuse programs.--The recommendation
includes $19,000,000 for programs authorized under the Victims
of Child Abuse Act, including grants for technical assistance
and training for professionals involved in investigating,
prosecuting and treating child abuse. The recommendation is
$357,000 above the fiscal year 2013 level. The Committee notes
that these funds may be used for child abuse training for
judicial personnel and practitioners.
Missing and exploited children programs.--The
recommendation includes $67,000,000 for missing and exploited
children programs, an increase of $1,258,000 above fiscal year
2013 and the same as the request. The Committee expects the
Department to allocate no less than $29,000,000 for task force
grants, training and technical assistance, research and
statistics, and administrative costs for the Internet Crimes
Against Children program.
Outreach.--The Committee recognizes the success of the
Juvenile Justice and Delinquency program in the Office of
Justice Programs. The Committee encourages the office of
Juvenile Justice and Delinquency Program to develop outreach
tools and communication strategies to reach underserved
communities in high-need urban and minority neighborhoods.
PUBLIC SAFETY OFFICER BENEFITS
The Committee recommends a total of $97,300,000 for the
Public Safety Officer Benefits program, which is $19,306,000
above fiscal year 2013 and the same as the request. Within the
funds provided, $81,000,000 is for death benefits for
survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping purposes.
Also within the total, $16,300,000 is recommended, as
requested, for disability benefits for public safety officers
who are permanently and totally disabled as a result of a
catastrophic injury sustained in the line of duty, and for
education benefits for the spouses and children of officers who
are killed in the line of duty or who are permanently and
totally disabled as a result of a catastrophic injury sustained
in the line of duty.
General Provisions--Department of Justice
The Committee has included the following general provisions
for the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or to preserve the life of
the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes the obligation of the Director of
the Bureau of Prisons to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes the Committee's requirements and
procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend an
ongoing Personnel Management Demonstration Project.
Section 207 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the Bureau of Prisons as appropriately
secure.
Section 208 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 209 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 210 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 211 prohibits the use of funds for A-76
competitions for work performed by employees of the Bureau of
Prisons or Federal Prison Industries, Inc.
Section 212 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 213 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be used
for training and technical assistance and permits up to 2
percent of grant or reimbursement funds made available to that
office to be used for criminal justice research, evaluation and
statistics. The Committee expects OJP to give priority to
training and technical assistance activities that are evidence-
based and help State, local, and tribal communities develop and
implement comprehensive, system-wide strategies for public
safety that also improve criminal justice systems.
Section 214 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; state, tribal and
local reentry courts; drug treatment programs and prison rape
elimination programs.
Section 215 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 216 prohibits funds, other than funds for the
National Instant Criminal Background Check System established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 217 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 218 prohibits funds made available to the
Department of Justice by this Act from being used to
invalidate, overturn or interfere with State immigration laws.
TITLE III
SCIENCE
Office of Science and Technology Policy
The Committee recommends $5,453,000 for the Office of
Science and Technology Policy (OSTP), which is $287,000 below
fiscal year 2013 and $205,000 below the request.
Science, Technology, Engineering and Math (STEM)
education.--The National Science and Technology Council's
(NSTC) Committee on STEM Education (CoSTEM) issued a progress
report last year outlining the goals and objectives for a
forthcoming government-wide STEM education strategic plan.
Unfortunately, the strategic plan that was ultimately submitted
bears only a partial resemblance to the ideas from the progress
report. After many months of interagency development, the
strategic plan appears to have been modified at the last minute
to bring it into conformance with the Administration's STEM
education budget proposal. In the process, some key elements of
the progress report were lost or diluted. Most important to the
Committee, the progress report's promise of a ``coordinated and
robust strategy for dissemination'' of STEM education research
and findings has been replaced with a limited initiative in the
Smithsonian Institution that would be funded by eliminating
many of the programs whose content was to be disseminated and
which would not capture all potential inputs from across
government.
The Committee directs OSTP to reconsider how to create a
single, truly comprehensive ``one stop''-style website where
findings from Federal research on STEM education, Federally
developed STEM curricula and other related materials could be
consolidated. OSTP shall report to the Committee no later than
180 days after the enactment of this Act describing the
funding, authorities and other resources that would be
necessary to establish such a website in fiscal year 2015.
Neuroscience.--The Committee notes the contributions of the
Interagency Working Group on Neuroscience (IWGN), established
by OSTP under the auspices of the NSTC and consistent with
language encouraging such an effort in the statement
accompanying Public Law 112-55. The IWGN has helped coordinate,
focus and enhance Federal efforts related to neuroscience, and
significantly contributed to the development of the Brain
Research through Advancing Innovative Neurotechnologies (BRAIN)
Initiative, which endeavors to revolutionize the scientific
understanding of the brain and use that knowledge to improve
childhood and adult learning and develop new treatments for
brain injuries and neurological conditions. The Committee
values the collaborative relationships and activities
engendered through the IWGN among Federal neuroscience research
agencies and urges OSTP and the NSTC to continue to support
Federal agency collaboration on neuroscience, either through
the IWGN or an appropriate successor forum. The Committee also
encourages OSTP to report to the Committee semi-annually on its
efforts in this area.
Public access to Federally-funded research.--The America
COMPETES Reauthorization Act of 2010 (Public Law 111-358)
tasked OSTP, through the NSTC, with coordinating agency
policies relating to the dissemination of unclassified
scientific research supported wholly or in part by Federal
funds. In fulfillment of that directive, OSTP released a memo
in February, 2013 requiring major Federal research agencies to
produce a public access plan that conforms to general
principles established by OSTP. Those plans are due by August,
2013, and regular progress updates are required for the first
two years of each policy's implementation. The Committee
directs OSTP to provide the Committee with semiannual reports
on the status of agencies' plan development and implementation.
Rare Earth materials.--The Committee understands that the
NSTC Subcommittee on Critical and Strategic Mineral Supply
Chains (CSMSC), which maintains a consolidated list of rare
critical elements and minerals, is preparing a new effort to
reassess and update the criticality of those materials based,
in part, on in-depth supply chain studies. The Committee
supports this work and directs OSTP to report on the results of
the assessment no later than 90 days after its completion. The
Committee also urges the CSMSC Subcommittee to leverage the
results of its assessment into an interagency plan that will
encourage domestic critical element and mineral production in
order to reduce the dependence of the U.S. government and
industry on foreign sources of such materials.
National Aeronautics and Space Administration
The Committee recommends $16,598,300,000 for the National
Aeronautics and Space Administration (NASA), which is
$928,430,000 below fiscal year 2013 and $1,117,095,000 below
the request.
GAO assessments of large-scale projects.--The Commerce,
Justice, Science, and Related Agencies Appropriations Act, 2008
(Public Law 110-161) mandated that GAO report on the status of
large-scale projects at NASA, and the Committee now anticipates
these reports biannually. The Committee directs NASA to
continue cooperating fully and providing timely program
analysis, evaluation data and other relevant information to the
GAO so that it can conduct its reviews and meet the
congressional mandate. Such information includes, but is not
limited to, copies of preliminary cost estimates; access to
relevant online agency applications, databases, and web
portals; and access to information from contractor and agency
personnel.
Breach reporting.--Pursuant to section 103 of the NASA
Authorization Act of 2005 (Public Law 109-155), NASA is
required to deliver several notifications and reports to the
appropriate authorizing committees when project costs or
schedules grow in excess of established thresholds. NASA is
directed to submit concurrently to the Committee the
notifications and reports required by section 103.
Asteroid retrieval mission.--The budget request contains a
new proposal to identify, capture and redirect a small asteroid
for future study by astronauts on a trans-lunar mission, but
the proposal is premature. Feasibility and other pre-
formulation studies are needed to determine whether the concept
is even possible or would be affordable within expected future
budgetary constraints. In addition, NASA has not yet taken all
of the necessary steps to build a consensus in support of the
mission, a process that the National Research Council last year
deemed critical for mission success (while also casting doubt
on the level of enthusiasm that exists for an asteroid-focused
mission). The Committee believes that NASA should take the time
to complete further concept studies, pursue the support of
Congress through the authorization process and line up support
from potential international partners before seeking new
resources to carry out the mission. In the interim, the
Committee's recommendation does not include any of the
requested increases associated with the asteroid retrieval
proposal.
Program and project totals.--The Committee's program and
project recommendations for NASA are included in the
consolidated funding table below and in additional narrative
direction throughout this report. When executing its budget for
fiscal year 2014, NASA shall incorporate the funding levels
established in both the table and the narrative direction.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(in thousands of dollars)
------------------------------------------------------------------------
Program Recommendation
------------------------------------------------------------------------
Science:
Earth Science....................................... $1,659,000
Planetary Science................................... 1,315,000
Astrophysics........................................ 622,000
James Webb Space Telescope.......................... 584,000
Heliophysics........................................ 601,000
-----------------
Total, Science........................................ 4,781,000
=================
Aeronautics:.......................................... 566,000
=================
Space Technology:..................................... 576,000
=================
Exploration:
Human Exploration Capabilities...................... 2,825,000
Orion Multi-Purpose Crew Vehicle.................. (1,050,000)
Space Launch System............................... (1,775,000)
SLS Vehicle Development......................... (1,476,000)
Exploration Ground Systems...................... (299,000)
Commercial Crew..................................... 500,000
Exploration Research and Development................ 287,000
-----------------
Total, Exploration.................................... 3,612,000
=================
Space Operations:
International Space Station......................... 2,860,000
Space and Flight Support............................ 810,000
-----------------
Total, Space Operations............................... 3,670,000
=================
Education:
Aerospace Research and Career Development........... 33,000
NASA Space Grant.................................. (24,000)
EPSCoR............................................ (9,000)
STEM Education and Accountability................... 89,000
-----------------
Total, Education...................................... 122,000
=================
Cross Agency Support:................................. 2,711,000
=================
Construction and Environmental Compliance and 525,000
Restoration:.........................................
=================
Inspector General:.................................... 35,300
=================
Total, NASA........................................... $16,598,300
------------------------------------------------------------------------
SCIENCE
The Committee recommends $4,781,000,000 for Science, which
is $266,447,000 below fiscal year 2013 and $236,800,000 below
the request.
In order to preserve the existing relative balance among
NASA's major science divisions, funding for each division is
maintained at the fiscal year 2013 post-sequestration level.
Unless otherwise specified below, available resources should be
prioritized toward the support of missions in prime operations;
top decadal survey priorities already in the development phase;
and research awards.
Earth Science.--The Earth Science budget request contains
several new projects that solely or primarily support the
requirements of other agencies, including the United States
Geological Survey (USGS) and NOAA, rather than NASA's own
research mission. These projects, which have significant but
undefined outyear costs, will place an untenable strain on
NASA's budget and crowd out long term investments in NASA's own
scientific priorities. The Committee does not support this
outcome. Accordingly, no funds should be spent in pursuit of a
new land imaging system for USGS or for the development of
climate sensors originally intended for NOAA's JPSS program.
In addition, the recommendation does not include requested
funding for Earth-observing instruments that had been planned
for inclusion on the DSCOVR spacecraft. The recommendation
under NOAA's ``Procurement, Acquisition and Construction''
heading does not include funding for the DSCOVR mission.
Planetary Science.--NASA has once again proposed damaging
and disproportionate reductions in the Planetary Science budget
without any substantive justification. At the requested level,
which represents a cut of more than seven percent below a post-
sequestration level, NASA would be unable to meet the major
scientific goals of the Planetary Science decadal survey in a
timely manner; lose its role as the international leader in the
field; drive uniquely qualified and promising talent out of the
field, perhaps permanently; and increase the risk level on
existing projects due to the inefficient phasing of funds. The
Committee's recommendation seeks to address these shortcomings
while also achieving programmatic balance among project
destinations and sizes.
Within the total amount provided, $213,000,000 is for
Planetary Science Research, including no less than $130,000,000
for research and analysis; $290,000,000 is for the Discovery
program to enable mission selections at a tempo substantially
faster than the 54 months envisioned in the budget request;
$288,000,000 is for Mars Exploration, including $65,000,000 for
the design and development of the Mars 2020 rover; $159,000,000
is for Outer Planets, including $80,000,000 for pre-formulation
and/or formulation activities including an Announcement of
Opportunity for instrument development in support of a mission
that meets the scientific goals outlined for the Jupiter Europa
mission in the Planetary Science decadal survey; and
$89,000,000 is for planetary science technology.
The recommendation does not include the $65,000,000
requested for NASA to support the production of Plutonium-238
(Pu-238) in partnership with the Department of Energy (DOE)
because additional planning and preparation is needed before
NASA can responsibly assume DOE's costs for this program.
Specifically, NASA needs to validate DOE's cost projections to
ensure they are reasonable, well supported by appropriate
documentation and exclusive to NASA's requirements; establish a
management structure with DOE to allow NASA the necessary
degree of control over the DOE facilities and personnel that
would be operated using NASA's funds; and assess whether there
are alternate facilities, technologies or processes that could
help NASA meet its Pu-238 needs at lower cost than currently
provided by DOE. NASA may use up to $5,000,000 of the funds
provided for the planetary science technology program to
complete this Pu-238 planning work, and NASA is directed to
report to the Committee on its progress no later than 180 days
after the enactment of this Act.
AERONAUTICS
The Committee recommends $566,000,000 for Aeronautics,
which is $6,699,000 above fiscal year 2013 and $310,000 above
the request.
Entry, Descent and Landing (EDL) technology.--The
recommendation permits NASA to fund aeronautics-related EDL
technology development through the Space Technology program.
Hypersonic research.--The Committee continues to strongly
support hypersonic research and believes that NASA must remain
involved in this discipline. Within the amounts provided, NASA
is directed to fund hypersonic research at no less than the
level needed to maintain essential national capabilities, as
identified in an internal NASA study conducted in 2012. NASA is
also urged to continue its efforts to rationalize and formalize
an appropriate and efficient division of responsibilities
between NASA and the Department of Defense on hypersonics in
order to ensure that government-wide research needs are met.
SPACE TECHNOLOGY
The Committee recommends $576,000,000 for Space Technology,
which is $53,950,000 below fiscal year 2013 and $166,600,000
below the request.
EDL technology.--NASA is directed to ensure that the EDL
technology development needs of the Aeronautics Research
Mission Directorate are sufficiently addressed within the Space
Technology Program.
``Big Nine'' technology projects.--For each of the nine
high-priority, broadly applicable technology projects (known as
the ``Big Nine'') that are funded through this account, NASA is
directed to provide a lifecycle cost estimate and schedule
showing all major development and testing milestones through
project completion. This information shall be provided no later
than 120 days after the enactment of this Act.
EXPLORATION
The Committee recommends $3,612,000,000 for Exploration,
which is $202,041,000 below fiscal year 2013 and $303,505,000
below the request.
Space Launch System (SLS) funding.--SLS funding is divided
between activities in support of vehicle development and those
dedicated to Exploration Ground Systems (EGS). Funding is also
divided between the ``Exploration'' and ``Construction and
Environmental Compliance and Restoration'' (CECR) headings. The
table below provides a comprehensive view of all SLS program
funding across all categories and accounts.
SPACE LAUNCH SYSTEM APPROPRIATIONS
(in thousands of dollars)
------------------------------------------------------------------------
Activity, Budget Account Recommendation
------------------------------------------------------------------------
SLS Vehicle Development............................... $1,502,000
Exploration......................................... (1,476,000)
Construction and Environmental Compliance and (26,000)
Restoration........................................
SLS Exploration Ground Systems........................ 412,000
Exploration......................................... (299,000)
Construction and Environmental Compliance and (113,000)
Restoration........................................
-----------------
Total, Space Launch System............................ $1,914,000
------------------------------------------------------------------------
The Committee remains committed to the development of the
full 130 metric ton SLS capability, which is necessary for NASA
to achieve its most challenging beyond Earth orbit (BEO)
exploration goals. In order to achieve this capability, NASA
has laid out a development plan to evolve from a 70 metric ton
capability to 130 metric tons, and the Committee has supported
this plan on the condition that NASA would not allow its near-
term efforts to crowd out investments in upper stage
development and the advanced booster system needed to complete
the full evolution. Unfortunately, NASA continues to defer or
descope activities needed to advance substantially beyond the
initial SLS configuration with the interim cryogenic propulsion
stage. As a result, the program would likely reach a plateau
with the achievement of the 70 metric ton capability.
For this reason, the Committee continues to urge NASA to
allocate additional funds to SLS elements like advanced booster
risk reduction, J2-X engine development and/or upper stage
development, all of which are required for the program to
progress beyond the initial configuration. In addition, the
Committee directs that, to the maximum extent possible, NASA
should ensure that all vehicle development funding leverages
existing investments; promotes efficiency through commonality
of design and simultaneous development; and minimizes the need
for redesigns or other costly changes affecting future SLS
vehicle configurations.
To give the Committee more insight into the level of effort
being dedicated to each component of the SLS, NASA shall
continue submitting quarterly reports on SLS spending by major
program element, as first required in the statement
accompanying Public Law 112-55. NASA is also directed to report
to the Committee on potential uses of the 130 metric ton SLS
configuration for purposes beyond NASA's own human exploration
program, including human spaceflight commercial partnerships
and the support of robotic scientific missions. This report
shall be provided no later than 120 days after the enactment of
this Act.
Exploration Ground Systems.--Drawing an appropriate line
between integration and launch infrastructure supported by EGS
funding and similar activities supported by 21st Century Space
Launch Complex (21CSLC) funding remains a priority for the
Committee. The existing division between projects supporting
SLS and those supporting multi-user requirements is clear in
concept but less so in execution, specifically with respect to
activities that will benefit both SLS and other potential
users. In order to promote the Committee's full understanding
of the distribution of costs, NASA is directed to report to the
Committee on (1) any activity to be undertaken in fiscal year
2014 with EGS funding (including construction funds) that will
benefit any launch infrastructure users other than SLS, and (2)
any activity undertaken in fiscal year 2014 with 21CSLC funding
(including construction funds) that will benefit SLS. The
report should provide an itemized list of activities, with an
estimated cost for each activity, and be submitted no later
than 120 days after the enactment of this Act.
Orion Multi-Purpose Crew Vehicle (MPCV).--The
recommendation for MPCV is consistent with the Independent Cost
Assessment for fiscal year 2014 and, according to NASA, will
keep the program on track for all upcoming MPCV project
milestones.
The table below provides a comprehensive view of all
associated MPCV program funding across all accounts.
MULTI-PURPOSE CREW VEHICLE APPROPRIATIONS
(in thousands of dollars)
------------------------------------------------------------------------
Activity, Budget Account Recommendation
------------------------------------------------------------------------
Multi-Purpose Crew Vehicle............................ $1,053,000
Exploration......................................... (1,050,000)
Construction and Environmental Compliance and (3,000)
Restoration........................................
-----------------
Total, Multi-Purpose Crew Vehicle..................... $1,053,000
------------------------------------------------------------------------
Program baselines.--The Committee is concerned that the
official cost estimates being prepared for SLS, MPCV and EGS do
not represent a comprehensive and structured accounting of all
associated costs required to develop, implement and operate
these programs. Despite the fact that these programs are being
developed in a non-traditional evolutionary manner, widely
accepted cost estimation best practices are still relevant and
should be applied. To provide the information needed to achieve
insight into total program costs and support rigorous spending
oversight, the Committee directs NASA to determine a framework
for additional data to be provided with the annual budget
request, including: estimates and baselines for each SLS
capability block; reports on the anticipated development cost
of major SLS program components, including those components
associated with future capability blocks; baselines for the
marginal and operations costs associated with SLS, MPCV and
EGS; and an estimate of total spending to date on SLS, MPCV and
EGS.
Commercial crew.--The overriding purpose of the Commercial
Crew Program (CCP) is to restore domestic access to the
International Space Station (ISS) as quickly and safely as
possible, and the Committee expects that NASA will manage CCP
funds in a manner that is consistent with that goal. This will
require pursuing all development and certification work beyond
the Commercial Crew Integrated Capability (CCiCap) base period
through Federal Acquisition Regulation (FAR)-based contracts;
making strategic decisions about the number of industry
partners to retain in the certification phase; and finding ways
to incentivize greater private investment by industry partners
in order to reduce the government's financial obligations for
the program.
At the recommended level, NASA will be able to support all
remaining costs for the CCiCap base period and the
Certification Products Contracts; all annual program support
costs; and a portion of the Commercial Crew Certification
Contracts phase, which is not estimated to begin until the
summer of 2014.
SPACE OPERATIONS
The Committee recommends $3,670,000,000 for Space
Operations, which is $208,802,000 below fiscal year 2013 and
$212,900,000 below the request.
ISS operations.--The Administration continues to discuss,
but has not yet reached a decision on, extending its commitment
to the ISS beyond 2020. This decision has major programmatic
and budgetary implications for the rest of the agency and
should therefore be made as expeditiously as possible in order
to reduce uncertainty and enable better long-term planning.
In order for extension to be a tenable policy, the ISS's
annual operating costs of nearly $3,000,000,000 must be
reduced, but the Committee currently lacks the necessary
insight into ISS operational expenses to identify major cost
drivers and evaluate opportunities to achieve savings. NASA
shall report to the Committee on its efforts to realize cost
savings in ISS operations (including cargo and crew supply)
over the budget runout period. The report, to be submitted no
later than 180 days after the enactment of this Act, should
describe possible cost reducing actions, the programmatic and
budgetary impact of such actions, and any barriers to
implementation.
ISS research.--NASA shall report annually to the Committee
on projected and actual end-of-year ISS research utilization
rates, including an estimate of the overall utilization rate
and the specific rates associated with crew time, rack space,
external site space, upmass and downmass. NASA shall also
examine ways to construct a more accurate estimate of the total
annual investment in ISS research, as the currently reported
research budgetary line both overstates (by including
supporting infrastructure and logistics) and understates (by
excluding some relevant activity funded through other sources)
the amounts actually spent on research activities.
Launch facilities.--NASA owns and operates (either solely
or in partnership with other entities) several launch complex
facilities which are in need of modernization and improvement
in order to remain functional for NASA's purposes or, in the
absence of an identified NASA use, become attractive to outside
users who could assume control of and responsibility for some
portion of a complex. Investments in this modernization must be
made strategically in order to maximize the efficient use of
all possible infrastructure. NASA is directed to report to the
Committee on its comprehensive launch complex investment plan
for the budget runout period, including the amount and phasing
of funds at each complex and a description of how this plan
would maximize potential use of infrastructure at all
complexes. This report shall be provided no later than 180 days
after the enactment of this Act.
21CSLC.--Fiscal year 2014 funding for the 21CSLC program
shall be available for launch infrastructure not exclusively
used for SLS, including NASA-owned launch facilities and those
supporting missions to the ISS.
EDUCATION
The Committee recommends $122,000,000 for Education, which
is $654,000 below fiscal year 2013 and $27,800,000 above the
request.
Aerospace Research and Career Development.--The recommended
level includes $24,000,000 for NASA Space Grant and $9,000,000
for the Experimental Program to Stimulate Competitive Research
(EPSCoR).
Space Grant consortia continue to express concerns about
the timeliness of Space Grant awards, unexpected changes to the
award structures and the amount of administrative costs
withheld to support program management and evaluation. The
Committee urges NASA to improve communication with the Space
Grant consortia so that all parties can better anticipate and
plan for changes in their funding streams over time.
STEM Education and Accountability.--The Committee's
recommendation provides $89,000,000 for STEM Education and
Accountability projects, including $30,000,000 for the Minority
University Research Education Program (MUREP) and $59,000,000
for STEM Facilitation and Coordination.
The STEM Facilitation and Coordination program shall be the
agency's exclusive source of appropriated funds for education
and public outreach activities other than Space Grant, EPSCoR
and MUREP. The Office of Education shall distribute these funds
to individual activities based on an agency-wide prioritization
process established to ensure that the most effective existing
activities continue to receive support. The Committee believes
that this internal consolidation will improve coordination,
efficiency and accountability and will address the excessive
fragmentation of NASA's STEM education programs recently
documented by the CoSTEM.
Youth service organizations.--The Committee notes that NASA
has worked in partnership with youth service organizations,
including those with a nationwide footprint, to engage K-12
students in STEM-related activities and to help encourage those
students to pursue future STEM-related studies and careers.
These efforts are an effective way to help build the strong
STEM workforce needed to ensure a globally competitive U.S.
economy. NASA is directed to continue the agency's K-12 STEM
education efforts with youth service organizations and to
report to the Committee on these efforts no later than 90 days
after the enactment of this Act.
CROSS AGENCY SUPPORT
The Committee recommends $2,711,000,000 for Cross Agency
Support, which is $59,012,000 below fiscal year 2013 and
$139,300,000 below the request.
Use of Space Act Agreements (SAAs).--NASA conducts a
substantial amount of business each year through the use of
SAAs. Very little of that business, however, has received
significant external oversight because SAAs are not subject to
the same transparency requirements that govern traditional
Federal contracts or grants. More information is needed by the
Committee to assess whether NASA is consistently utilizing SAAs
in an appropriate manner, including correctly justifying the
selection of an SAA rather than a FAR-based contract, following
clear conflict of interest policies and accurately valuing the
agency's contributions to unfunded SAAs to ensure a fair
exchange of services.
The Committee understands that some of these issues will be
covered in an upcoming audit by the NASA Office of Inspector
General (OIG). In order to put in place a more enduring
oversight structure, however, the Committee directs NASA to
establish a publicly available database of active SAAs to serve
as an information source analogous to usaspending.gov, which
covers grants and contracts. The database should include a
description of the signatories, duration, purpose and terms
(funded, reimbursable, non-reimbursable) of each agreement and
the dollar value associated with all funded agreements. This
database should be online no later than 180 days after the
enactment of this Act. NASA shall also report to the Committee
on the feasibility of including in the database the estimated
value of NASA's contributions associated with unfunded
agreements. This report shall be provided no later than 90 days
after the enactment of this Act.
Security.--The Committee remains concerned about security-
related issues at NASA centers, where allegations of
inconsistent or insufficient enforcement of relevant statutes
and regulations have been raised. NASA has already taken steps
to address some of the identified problems, and current reviews
by the OIG, GAO and the National Academy of Public
Administration may produce recommendations for further action.
In the interim, the Committee urges NASA to continue its
efforts to improve and standardize security training and
enforcement across the agency and to ensure that security,
counterintelligence and export control functions are fully
staffed. NASA shall provide quarterly to the Committee an
accounting of vacancy rates in security-related offices; a
summary of all known security incidents occurring that quarter
involving access violations by foreign nationals or the
unauthorized transfer of proprietary or sensitive information;
and a summary of any criminal or administrative sanctions
applied that quarter due to violations of security-related laws
or regulations, including the provisions of 18 U.S.C. 799.
Independent Verification and Validation (IV&V).--In order
to ensure that all necessary work continues to be performed
despite a smaller dedicated IV&V budget in fiscal year 2014,
NASA shall fund any IV&V shortfall from within the mission
directorates that make use of IV&V services.
Working Capital Fund (WCF) reporting.--NASA shall continue
to submit quarterly reports to the Committee on the
expenditures and unobligated balances of NASA's WCF, as first
required in the statement accompanying Public Law 112-55.
Infrastructure and facilities.--The Committee remains
interested in NASA's efforts to rightsize its infrastructure
and facilities through the leasing of underutilized property or
the demolition or excessing of property that is no longer
required to support the agency's mission needs. In reports IG-
12-020 and IG-13-008, the OIG identified roadblocks to the
efficient execution of these rightsizing efforts and
recommended a series of steps to address those roadblocks. NASA
shall report to the Committee on the status of each
recommendation contained in these two OIG reports, as well as
any further steps taken by the agency to improve its real
property rightsizing outside of the OIG recommendations. This
report shall be provided no later than 120 days after the
enactment of this Act.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee recommends $525,000,000 for CECR, which is
$142,236,000 below fiscal year 2013 and $84,400,000 below the
request.
Exploration Construction of Facilities (CoF).--The
Committee's recommendation includes $142,000,000 for
Exploration CoF. Within this amount, NASA is directed to ensure
that funds reallocated from SLS test stand construction to high
pressure water system upgrades in fiscal year 2013 are fully
reimbursed to the test stand project.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $35,300,000 for the OIG, which is
$1,987,000 below fiscal year 2013 and $1,700,000 below the
request.
Security.--The Committee remains concerned about violations
of security-related laws, regulations and policies at NASA,
especially cases involving the inappropriate access of foreign
nationals to NASA facilities or information. The Committee
supports the thorough investigation and pursuit of criminal and
administrative remedies for such violations and urges the OIG
to continue making such cases a priority.
Information Technology (IT) governance.--The OIG recently
issued a series of recommendations on NASA's IT governance
structure. Although NASA concurred or partially concurred with
every recommendation, it remains to be seen whether corrective
actions will be fully responsive to the OIG's concerns. In
order to keep the Committee informed on NASA's progress, the
OIG shall report on the resolution status of each
recommendation no later than June 30, 2014, one month after
NASA's current estimated corrective action completion date.
ADMINISTRATIVE PROVISIONS
The Committee has included the following administrative
provisions for NASA:
The bill includes a provision that makes funds for
announced prizes available without fiscal year limitation until
the prize is claimed or the offer is withdrawn.
The bill includes a provision that establishes terms and
conditions for the transfer of funds.
The bill includes a provision that requires NASA to submit
an agency spending plan at the activity level and subjects both
the spending plan and specified changes to that plan to
reprogramming procedures under section 505 of this Act. The
Committee notes that NASA's actions over the past several
fiscal years imply that the agency does not take the spending
plan process seriously. NASA has repeatedly attempted to use
its plan to circumvent, dilute or contradict policies and
priorities established in law, and sometimes to assert levels
of discretion that exceed what is legally permissible or
supported by historical precedent. The Committee is in the
process of evaluating the outcomes of the fiscal year 2013
spending plan process and may seek to eliminate the spending
plan requirement and instead provide NASA with more detailed
appropriations and reduce NASA's discretion in the execution of
funds.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
The Committee recommends $5,676,200,000 for Research and
Related Activities (R&RA), which is $194,774,000 below fiscal
year 2013 and $536,090,000 below the request.
Program changes.--Consistent with the Committee's position
on the proposed STEM education restructuring, the
recommendation does not support the establishment of the new
Catalyzing Advances in Undergraduate STEM Education (CAUSE)
program or the transition of the Graduate Research Fellowship
(GRF) program into the interagency National GRF.
Proposed program reductions not related to the
establishment of CAUSE have been accepted. The funds made
available through these reductions, together with more than
$132,000,000 provided above NSF's R&RA current plan level, will
allow NSF to expand or enhance its other research activities in
order to address a selection of national priorities.
Neuroscience.--NSF is uniquely positioned to advance the
nonmedical aspects of cognitive science and neuroscience,
particularly through interdisciplinary research, computational
models, visualization techniques, innovative technologies, and
the underlying data and data infrastructure needed to transform
our understanding of these areas. The Committee encourages NSF
to continue to work in conjunction with the IWGN as well as the
other agencies participating in the BRAIN Initiative to
accelerate our understanding of how the brain functions. To
support these activities, the recommendation provides the
requested increase of $13,850,000 for new, cross-Foundation
investments in cognitive science and neuroscience research.
Advanced manufacturing.--The recommendation includes the
proposed funding level for NSF's advanced manufacturing
initiative. Future economic prosperity in the United States
will depend largely on our ability to develop and manufacture
new products based on advanced technologies, both for the
domestic market and for export. Basic research supported
through NSF and other Federal science agencies is critical to
this effort because it will help provide the foundation for the
development of such new products and technologies by the
private sector.
Lyme disease.--NSF has previously supported a variety of
research intended to learn more about the prevalence of Lyme
and other tick-borne diseases. The Committee encourages NSF to
continue these efforts by funding meritorious Lyme disease
research proposals that fully meet NSF's peer review standards.
United States Antarctic Program (USAP).--The Committee
supports NSF's decision to temporarily reduce funding for
Antarctic science in order to provide funds for the
implementation of important safety-related and efficiency-
promoting recommendations of the USAP Blue Ribbon Panel.
International Ocean Discovery Program (IODP).--The
Committee encourages NSF to continue funding the IODP at no
less than the level contained in the agency's fiscal year 2013
current plan.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $182,620,000 for Major Research
Equipment and Facilities Construction, which is $9,868,000
below fiscal year 2013 and $27,500,000 below the request.
EDUCATION AND HUMAN RESOURCES
The Committee recommends $825,000,000 for Education and
Human Resources (EHR), which is $53,799,000 below fiscal year
2013 and $55,290,000 below the request.
Program changes.--Consistent with the Committee's position
on the proposed STEM education restructuring, the
recommendation does not support the establishment of the new
CAUSE program or the transition of the GRF program into the
interagency National GRF.
Proposed program reductions not related to the
establishment of CAUSE have been accepted. The reallocation of
funds from these reduced programs will allow NSF to expand
other efforts in strategic education research, workforce
development and short-term, goal-oriented education
partnerships.
Broadening participation programs.--To broaden the
participation of underrepresented populations in STEM education
programs and, ultimately, the STEM workforce, the Committee has
provided the requested level for the Historically Black
Colleges and Universities Undergraduate Program, the Louis
Stokes Alliance for Minority Participation and the Tribal
Colleges and Universities Program.
The Committee has previously asked NSF to consider the
concept of creating a program within EHR to focus on Hispanic
Serving Institutions (HSIs). Having heard from NSF about the
logistical difficulties of establishing and managing such a
program, the Committee now directs NSF to report instead on
existing and planned efforts to meet the specific needs of HSIs
through NSF's other programs. This report, which shall also
include recommendations for further action, shall be submitted
no later than 120 days after the enactment of this Act.
Advanced Technological Education (ATE).--The recommendation
includes the requested level for the ATE program.
Best practices in K-12 STEM education.--NSF shall continue
working to disseminate the findings of the NRC's 2011 report
entitled Successful K-12 STEM Education: Identifying Effective
Approaches in Science, Technology, Engineering and Mathematics
and to develop and carry out a tracking and evaluation
methodology to assess the implementation of the recommendations
contained in that report.
STEM-focused K-12 schools.--Last year, the Committee
included direction in the House Report for NSF to promote
opportunities for collaboration between universities or non-
profit research institutions and STEM-focused schools serving
K-12 students. The Committee understands that NSF's response to
this direction has focused more on the study of STEM-focused
schools than on the establishment of collaborative partnerships
involving them. The Committee once again encourages NSF to
promote partnership opportunities between STEM-focused schools
and universities or non-profit institutions and directs NSF to
report to the Committee on how it is doing so no later than 180
days after the enactment of this Act.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The Committee recommends $294,000,000 for Agency Operations
and Award Management, which is $220,000 above fiscal year 2013
and $10,290,000 below the request.
Program changes.--The Committee urges NSF to prioritize
available funds toward improvements to evaluation capabilities
and requested merit review process improvements.
Grant impact.--NSF needs to improve its ability to
articulate the value and scientific merit of its research
grants and explain the peer review process that results in
research funding decisions. No later than 90 days after the
enactment of this Act, NSF shall report to the Committee on
steps it is taking to better explain and communicate the impact
and relevance of its research grants, both collectively and
individually.
Cross-Foundation activities.--The Committee remains
interested in seeing NSF achieve a sensible balance between
support for newer cross-Foundation initiatives and
longstanding, core programs and activities. In addition,
discussions with the academic and nonprofit research community
suggest that better standards and guidance on the
administration of cross-Foundation initiatives are still
necessary, as discussed in more detail in the fiscal year 2013
House report.
Management of large research facility projects.--NSF
recently undertook a major review of its policies and processes
for managing the construction and operation of large
facilities. This review, although broader in scope, will assess
many of the practices previously identified as problematic by
the OIG in its examinations of construction contingency funding
and cost surveillance for cooperative agreements. NSF shall
provide a copy of the results of this review and any associated
recommendations for action to the Committee as soon as
possible.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,100,000 for the National
Science Board, which is $257,000 below fiscal year 2013 and
$370,000 below the request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $13,200,000 for the OIG, which is
$733,000 below fiscal year 2013 and $1,120,000 below the
request.
Management of large research facility projects.--The OIG is
directed to assess and report to the Committee on the efficacy
and completeness of any policy or procedural changes proposed
by NSF pursuant to its review of its management of large
research facilities.
ADMINISTRATIVE PROVISION
The bill includes a provision that establishes thresholds
for the transfer of funds.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The Committee recommends $8,763,000 for the Commission on
Civil Rights, which is $461,000 below fiscal year 2013 and
$637,000 below the request.
The Committee recommends language, as included in previous
years, which provides: a limitation of four full-time positions
under schedule C of the Excepted Service, exclusive of one
special assistant for each Commissioner; and a prohibition
against reimbursing Commissioners for more than 75 billable
days, with the exception of the chairperson, who is permitted
125 billable days.
Improving oversight.--The fiscal years 2012 and 2013
appropriations acts included funding for the Inspector General
(IG) of the Government Accountability Office (GAO) to serve as
the IG of the Commission. The recommendation does not continue
this arrangement for fiscal year 2014 and instead proposes to
increase oversight by directing a comprehensive GAO review,
drawing upon and expanding the work done by the GAO IG in the
last two fiscal years. GAO's previous reviews of the Commission
led to several recommendations for improvement in the agency's
management and financial operations and its internal controls,
and called for additional independent oversight of the agency.
GAO shall update its prior work by conducting a new management
review of the Commission, including assessing the role of the
state advisory committees in accomplishing the mission of the
agency and identifying the Commission's progress in
implementing GAO's prior recommendations. GAO shall provide
this report no later than 180 days after enactment of this Act.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $355,000,000 for the Equal
Employment Opportunity Commission (EEOC), which is $8,055,000
below fiscal year 2013 and $17,923,000 below the request. The
recommendation includes language making up to $29,500,000
available for payments to State and local enforcement agencies.
Backlog reduction.--The Committee is pleased with EEOC's
progress in reducing the backlog of private sector charges. The
Committee expects the EEOC to continue to prioritize inventory
reduction and to examine new ways to address the backlog and
increase productivity. EEOC shall provide quarterly reports, no
later than 30 days after the end of each quarter, on the
backlog, to include data on the number and pendency of charges
and any changes to EEOC's priority charge handling procedures
and the effect of such changes on inventory reduction.
International Trade Commission
SALARIES AND EXPENSES
The Committee recommends $79,000,000 for the International
Trade Commission (ITC), which is $3,917,000 below fiscal year
2013 and $6,102,000 below the request.
Internal controls.--The Committee is pleased with ITC's
progress in addressing internal control issues identified in
audits. However, ITC must continue to take aggressive action to
address any remaining shortcomings. The Committee directs ITC
to submit a status report on the actions it has taken to
continue to address internal control deficiencies no later than
120 days after enactment of this Act.
Cybersecurity.--ITC handles sensitive and proprietary data
and therefore is a potential target for cyber attacks. The
Committee expects ITC to prioritize efforts to improve its
cybersecurity posture. The Committee also encourages ITC to
work with other relevant Federal agencies to inform its
actions.
Patent infringement.--The Committee is aware that the
volume of ITC cases filed under section 337 of the Tariff Act
of 1930 has increased significantly over the past several
years. The Committee directs ITC to provide a report no later
than 90 days after the enactment of this Act on the steps it
has taken to manage the increased workload and reduce the
average adjudication time. The report shall also identify
possible actions to maximize the protection of intellectual
property rights where there is coincident production in the
United States of goods incorporating or produced through the
benefit of such intellectual property.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $300,000,000 for the Legal
Services Corporation (LSC), which is $58,149,000 below fiscal
year 2013 and $130,000,000 below the request.
Pro bono legal services.--Obtaining more services at no or
low cost through private attorney involvement is one means for
LSC to increase legal aid services. The Committee is pleased
that LSC launched a pro bono task force in 2011, which released
its findings and recommendations in October, 2012. The
Committee directs LSC to implement the recommendations of this
task force and continue to work with LSC-funded programs to
adopt measures aimed at increasing the involvement of private
attorneys in the delivery of legal services to its clients. LSC
shall report to the Committee annually on its progress in this
area, including a summary of the number of Americans served by
pro bono services as part of LSC's efforts.
Pro bono innovation fund.--The recommendation includes
$2,500,000 to create a pro bono innovation fund, as recommended
by the pro bono task force and as proposed in LSC's fiscal year
2014 budget request.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The bill continues restrictions on the uses of LSC funding.
None of the funds appropriated in this Act to the LSC shall be
expended for any purpose prohibited or limited by, or contrary
to any of the provisions of, sections 501, 502, 503, 504, 505,
and 506 of Public Law 105-119, and all funds appropriated in
this Act to the LSC shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2013 and 2014, respectively.
Unauthorized uses of funds.--The IG of the LSC is
encouraged to conduct annual audits of LSC grantees to ensure
that funds are not used in contravention of the restrictions on
engaging in political activities or any of the other
restrictions by which LSC grantees are required to abide. The
removal of funds from any LSC grantee determined by the IG to
have engaged in unauthorized political activity is recommended.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $2,900,000 for the Marine Mammal
Commission, which is $123,000 below fiscal year 2013 and
$531,000 below the request.
Office of the United States Trade Representative
SALARIES AND EXPENSES
The Committee recommends $50,000,000 for the Office of the
U.S. Trade Representative (USTR), which is $289,000 below
fiscal year 2013 and $6,170,000 below the request.
China.--The Committee expects that USTR will coordinate and
implement a comprehensive and vigorous strategy to address the
United States' trade imbalance with China. Within the amounts
provided, the USTR is encouraged to maintain staff who can
translate trade documents that USTR receives from China. The
Committee believes that USTR should have its own translators on
staff given the challenges associated with enforcing existing
U.S. trade laws with China.
Report on China's WTO compliance.--The Committee again
directs USTR to include conclusions and recommendations in the
report required under section 421 of the U.S.-China Relations
Act of 2000 (Public Law 106-286).
Bilateral investment treaties with China.--The Committee
directs that, in undertaking any bilateral investment treaty
negotiation with China, the U.S. Government should insist upon
terms that ensure reciprocity and explicitly address the unfair
challenges posed by China's state-owned enterprises in all
markets. USTR shall submit a report no later than 90 days after
enactment of this Act detailing any such treaties and its
compliance with this directive.
Free trade agreements.--The Committee welcomes the passage
into law of the long-pending free trade agreements with South
Korea, Colombia, and Panama. The Committee is encouraged by the
work being done on the Trans Pacific Partnership (TPP) and
directs the USTR to complete the TPP in an expeditious manner
so that it may be submitted to Congress for ratification. The
Committee further directs the USTR to continue to pursue free
trade agreements with additional countries and trading blocs to
continue advancing trade to and from the United States.
Investigating unfair trade practices.--The USTR shall
report to the Committee, no later than 180 days after enactment
of this Act, on its ability to adequately investigate, develop
and/or resolve trade complaints. As part of this assessment,
the USTR shall evaluate the availability of, and access to,
information necessary to address unfair trade complaints.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $4,799,000 for the State Justice
Institute (SJI), which is $226,000 below fiscal year 2013 and
$322,000 below the request.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the current
fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employees; (5) reorganizes or renames offices, programs or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds. For the
Department of Justice the notification requirement is 45 days
in advance.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract made with funds
made available in this Act. The section further provides that
to the extent practicable, with respect to purchases of
promotional items, funds made available under this Act shall be
used to purchase items manufactured, produced or assembled in
the United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in the Act shall be absorbed within the budgetary
resources available to the department or agency, and provides
transfer authority between appropriation accounts to carry out
this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 limits the obligation of receipts deposited
into the Crime Victims Fund at $745,000,000 during fiscal year
2014. This amount represents an increase of $15,000,000 above
the fiscal year 2013 level of obligations. This language is
continued to ensure that a stable level of funds will remain
available for the program, despite inconsistent levels of fines
deposited annually into the Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds provided in
this Act to any department, agency or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this Act or any other
appropriations Act.
Section 513 provides that funds provided for E-Government
Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Section 514 requires certain timetables and procedures for
specified audits performed by Inspectors General of the
departments and agencies funded in this Act and sets limits and
restrictions on the awarding and use of grants or contracts
funded by amounts appropriated by this Act.
Section 515 prohibits funds for information technology
acquisitions unless the acquiring department or agency has
assessed the risk of cyber-espionage or sabotage. Each
department or agency covered under section 515 shall submit a
quarterly report to the Committees on Appropriations describing
assessments made pursuant to this section and any associated
findings or determinations of risk. Any acquisition of
information technology produced by entities that are owned,
directed or subsidized by the People's Republic of China must
be preceded by a reported determination that the acquisition is
in the national interest.
Section 516 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 517 permanently prohibits the use of funds to
require certain export licenses.
Section 518 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 519 prohibits the use of funds to include certain
language in trade agreements.
Section 520 prohibits the use of funds in this Act to
authorize or issue a national security letter (NSL) in
contravention of certain laws authorizing the Federal Bureau of
Investigation to issue NSLs.
Section 521 requires congressional notification regarding
any project within the Departments of Commerce or Justice, or
the National Science Foundation and the National Aeronautics
and Space Administration totaling more than $75,000,000 that
has cost increases of at least 10 percent.
Section 522 deems funds for intelligence or intelligence
related activities as authorized by Congress during fiscal year
2014 until the enactment of the Intelligence Authorization Act
for fiscal year 2014.
(RESCISSIONS)
Section 523 provides for rescissions of unobligated
balances in the Departments of Commerce and Justice.
Section 524 prohibits the use of funds in this Act for the
purchase of first class or premium air travel.
Section 525 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees at
any single conference outside the United States, unless the
conference is a law enforcement training or operational event
where the majority of Federal attendees are law enforcement
personnel stationed outside the United States.
Section 526 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to or
within the United States, its territories or possessions.
Section 527 prohibits the use of funds in this or any other
Act to construct, acquire or modify any facility in the United
States, its territories, or possessions to house certain
individuals who, as of June 24, 2009, were located at United
States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or control of the
Department of Defense.
Section 528 requires, when practicable, the use of funds in
this Act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 529 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 530 prohibits the use of funds by the National
Aeronautics and Space Administration (NASA) or the Office of
Science and Technology Policy (OSTP) to engage in bilateral
activities with China or a Chinese-owned company unless the
activities are authorized by subsequent legislation or NASA or
OSTP have made a certification pursuant to subsections (c) and
(d) of this section.
Section 531 specifies reporting requirements for certain
conferences held by any department, agency, board, commission
or office funded by this Act, and prohibits certain travel and
conference activities, including those that are not in
compliance with OMB policy.
Section 532 prohibits funds made available by this Act from
being used to deny the importation of shotgun models if no
application for the importation of such models, in the same
configuration, had been denied prior to January 1, 2011, on the
basis that the shotgun was not particularly suitable for or
readily adaptable to sporting purposes.
Section 533 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement purposes.
Section 534 prohibits funds made available by this Act from
being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months.
Section 535 prohibits funds made available by this Act from
being used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability.
Section 536 prohibits funds made available by this Act from
being used to eliminate or reduce funding for a program,
project or activity as proposed in the President's budget
request until such proposed change is enacted in an
appropriation Act, or unless the change is made pursuant to
reprogramming or transfer provisions of this Act.
Section 537 directs the Departments of Commerce and
Justice, the National Science Foundation, and the National
Aeronautics and Space Administration, working with the
Government Accountability Office, to provide a comprehensive
report that provides updated performance metrics that are
measurable, repeatable, and directly linked to requests for
funding. Performance measures in future budget justifications
should clearly demonstrate the extent to which prior year
investments in programs, projects and activities can be tied to
progress toward achieving priority goals and include estimates
for how proposed investments will contribute to additional
progress. In particular, performance measures should measure
outcome (results and impact), output (volume), and efficiency.
Section 538 prohibits implementation, administration, or
enforcement of the final regulations on ``Disparate Impact and
Reasonable Factors Other Than Age Under the Age Discrimination
in Employment Act'' published by the Equal Employment
Opportunity Commission in the Federal Register on March 30,
2012.
Section 539 prohibits funds from being used to require a
person licensed under section 923 of title 18, United States
Code, to report information to the Department of Justice
regarding the sale of multiple rifles or shotguns to the same
person.
Section 540 prohibits funds made available for the State
Criminal Alien Assistance Program from being used in
contravention of section 642 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373).
Section 541 expresses the sense of the Congress that the
Congress should not pass any legislation which authorizes
spending cuts that would increase poverty in the United States.
SPENDING REDUCTION ACCOUNT
Section 542 establishes a Spending Reduction Account, as
required by clause 3(d)(5) of H. Res. 5 (113th Congress).
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
Full Committee Votes
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
Rescission of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department of Commerce:
National Telecommunications and Information $5,000,000
Administration, Public Telecommunications
Facilities, Planning and Construction............
Department of Justice:
Working Capital Fund.............................. 30,000,000
Assets Forfeiture Fund............................ 777,355,000
State and Local Law Enforcement Activities:
Office on Violence Against Women, Violence 6,200,000
Against Women Prevention and Prosecution
Programs.....................................
Office of Justice Programs.................... 47,000,000
Community Oriented Policing Services.......... 14,000,000
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfers of funds provided in the accompanying bill:
In title I, under U.S. Patent and Trademark Office,
Salaries and Expenses, language is included to transfer funds
to the Civil Service Retirement and Disability Fund, the
Federal Employees Health Benefit Fund, and the Federal
Employees Group Life Insurance Fund.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included to
transfer funds from the Promote and Develop Fishery Products
and Research Pertaining to American Fisheries fund.
In title II, under General Administration, Administrative
Review and Appeals, language is included to transfer funds to
the Executive Office for Immigration Review from fees deposited
in the Immigration Examinations Fee account.
Under Federal Prison System, Salaries and Expenses,
language is included to allow the transfer of funds to the
Health Resources and Services Administration.
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes that the
accompanying bill does not propose to repeal or amend a statute
or part thereof.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
Language is included for a number of accounts placing
limitations on representation and reception allowances in order
to reduce the amount of money that would otherwise be spent on
these activities. The bill also provides that a number of
appropriations shall remain available for obligation beyond the
current fiscal year. While these provisions are not
specifically authorized for all of the items, it is deemed
desirable to include such language for certain programs in
order to provide for orderly administration and effective use
of funds.
In title I, Department of Commerce, under International
Trade Administration, Operations and Administration, language
is included providing that funds may be used for engaging in
trade promotion activities abroad, including expenses of grants
and cooperative agreements for the purposes of promoting
exports of U.S. firms. Language is also provided allowing for
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration; employment
of Americans and aliens by contract for services; rental of
space abroad and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; and payment of tort
claims. In addition, language is included regarding official
representation expenses abroad, purchase of passenger motor
vehicles for official use abroad, obtaining insurance on
official motor vehicles, and rental of tie lines. Language is
also recommended deriving a portion of available funds from
fees. Furthermore, language is included designating funding for
China antidumping and countervailing duty enforcement and
compliance activities. Moreover, language is included providing
for two-year availability of funds. Finally, language is
included regarding the contributions under the Mutual
Educational and Cultural Exchange Act of 1961.
Under Bureau of Industry and Security, Operations and
Administration, the language provides for no-year availability
of funds. Language is included regarding the costs associated
with the performance of export administration field activities
both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for
services abroad; payment of tort claims; official
representation expenses abroad; awards of compensation to
informers; and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use without
regard to any price limitation established by law. In addition,
language is included regarding the Mutual Educational and
Cultural Exchange Act of 1961. Finally, language is recommended
providing that payments and contributions collected and
accepted for materials or services may be retained for use in
covering the cost of those activities and other communications.
Under Economic Development Administration, Economic
Development Assistance Programs, the language provides for no-
year availability of funds. Language is also included
specifying amounts for certain grants and loan guarantees. In
addition, language is included providing that the cost of
modifying certain loan guarantees be as defined in section 502
of the Congressional Budget Act of 1974. Finally, the account
includes language limiting funds available to subsidize total
loan principal.
Also, under Salaries and Expenses, language is included
regarding the monitoring of approved projects.
Under Minority Business Development Agency, Minority
Business Development, language is included making funds
available for fostering, promoting, and developing minority
business enterprises, including expenses of grants, contracts
and other agreements.
Under Economic and Statistical Analysis, Salaries and
Expenses, language is included providing for two-year
availability of funds.
Under Bureau of the Census, Salaries and Expenses, language
is included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities.
Also, under Periodic Censuses and Programs, language is
included providing two-year availability of funds. Language is
also included providing that funds may be used for collecting,
compiling, analyzing, preparing and publishing statistics and
for promotion, outreach and marketing activities. Finally,
language is included providing for a transfer to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the Bureau of
the Census.
Under National Telecommunications and Information
Administration, Salaries and Expenses, language is included
providing for two-year availability of funds. Language is also
included permitting the Secretary of Commerce to charge Federal
agencies for costs in spectrum management, analysis,
operations, and related services; and to use such collections
in telecommunications research. The language also allows the
Secretary to retain and use as offsetting collections all funds
transferred, or previously transferred for telecommunications
research, engineering and activities by the Institute for
Telecommunication Sciences of NTIA. Finally, language is
included providing that funds so transferred shall remain
available until expended.
Also, under Public Telecommunications Facilities, Planning
and Construction, language is included allowing recoveries and
unobligated balances of funds previously appropriated to be
available for the administration of all open grants until their
expiration.
Under Patent and Trademark Office, Salaries and Expenses,
language is included providing that appropriated funds be
reduced as offsetting collections are assessed and collected.
The language also provides that funds received in excess of
appropriations be deposited in a Patent and Trademark Fee
Reserve fund, to be available until expended pursuant to the
Director submitting a spending plan subject to section 505 of
this Act. In addition, language is included limiting
representation expenses. Language is also included regarding
basic pay and certain retirement benefits. Additional language
is included regarding USPTO's financial statements.
Furthermore, language is included providing that fees and
surcharges charged are available to USPTO pursuant to section
42(c) of title 35, United States Code. Finally, the language
provides that an amount be transferred to the Inspector
General.
Under National Institute of Standards and Technology,
Scientific and Technical Research and Services, language is
included providing for no-year availability of funds. In
addition, language is included allowing transfers to the
working capital fund. Finally, language is included limiting
funds for official reception and representation expenses.
Also, under Industrial Technology Services, language is
included providing no-year availability of funds. The language
also designates an amount for the Manufacturing Extension
Partnership.
In addition, under Construction of Research Facilities,
language is included providing for no-year availability of
funds. Language is also included regarding the submission of
certain materials in support of construction budget requests.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included
allowing for two-year availability for funds, expect for
cooperative enforcement funds, which are available for three
years. Language is also included allowing maintenance,
operation, and hire of aircraft and vessels; grants, contracts,
or other payments to nonprofit organizations for the purposes
of conducting activities pursuant to cooperative agreements;
and relocation of facilities. Language is included allowing
fees and donations received by a particular office to be
retained and used for expenses related to certain activities.
In addition, language is included that provides that certain
funds be derived from various sources. Furthermore, language is
included limiting the amount of funds that can be provided for
corporate services administrative support. Moreover, language
is included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Finally, language is included providing for
retired pay expenses.
Also, under Procurement, Acquisition and Construction,
language is included providing for three-year availability for
funds, except for construction funds, which are available until
expended. Language is also included providing that certain
funds be derived from various sources. In addition, language is
included specifying that deviations from amounts included in
the report accompanying the Act shall be subject to section 505
of this Act. Finally, language is included regarding the
submission of certain materials in support of construction
budget requests.
In addition, under Pacific Coastal Salmon Recovery,
language is included providing for two-year availability of
funds. Language is also included allowing the Secretary of
Commerce to issue grants to specific States and Federally-
recognized tribes for conservation projects for listed
endangered or threatened salmon and steelhead populations,
populations at risk to be so listed, and for maintaining
populations necessary for the exercise of tribal treaty fishing
rights, and for conservation of Pacific coastal salmon and
steelhead habitat, to be allocated under scientific and merit
principles and not available for marketing activities; and
requiring a State match.
Furthermore, under Fishermen's Contingency Fund, language
is included providing for the appropriation of funds to be
derived from receipts collected pursuant to Title IV of Public
Law 95-372.
Moreover, under Fisheries Finance Program Account, language
is included placing limitations on individual fishing quota
loans and traditional direct loans. Language is also included
that prohibits direct loans for any new fishing vessel that
will increase the harvesting capacity in any U.S. fishery.
Under Departmental Management, Salaries and Expenses,
language is included limiting funds for official reception and
representation expenses. In addition, language is included
continuing a task force on job repatriation and manufacturing
growth.
Under Department of Commerce, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 101 makes funds available for advanced
payments only upon certification of officials
designated by the Secretary that such payments are
considered to be in the public interest.
Section 102 makes appropriations for the Department
available for hire of passenger motor vehicles, for
services, and for uniforms and allowances as authorized
by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts
and requiring notification to the Committee of certain
actions.
Section 104 extends Congressional notification
requirements for NOAA satellite programs.
Section 105 provides for reimbursement for services
within Department of Commerce buildings.
Section 106 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 107 provides the Administrator with the
authority to avail NOAA of needed resources, with the
consent of those supplying the resources, to carry out
responsibilities of any statute administered by NOAA.
Section 108 requires a monthly report on official
travel to China.
In title II, Department of Justice, under General
Administration, Salaries and Expenses, language is included
providing for an amount for security and construction of
Department of Justice facilities remain available until
expended. Language is also included regarding an independent
review of the management and policies of the Civil Rights
Division.
Also, under Justice Information Sharing Technology,
language is included providing that funds be available until
expended.
In addition, under Administrative Review and Appeals,
language is included providing that an amount shall be derived
by transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee'' account.
Moreover, under Office of Inspector General, language is
included providing for not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
Under Legal Activities, Salaries and Expenses, General
Legal Activities, language is included providing not to exceed
$20,000 for expenses of collecting evidence, to be expended
under the direction of, and to be accounted for solely under
the certificate of, the Attorney General. Language is also
included providing for rental of space in the District of
Columbia. Language is included making an amount available until
expended for litigation support contracts. In addition,
language is included limiting the amount of funds for official
representation and reception expenses available to INTERPOL
Washington. Furthermore, language is included allowing, upon a
determination by the Attorney General that emergent
circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General to
transfer funds to this account from available appropriations
for the current fiscal year for the Department of Justice, as
may be necessary to respond to such circumstances. Moreover,
language is included providing funds to reimburse the Office of
Personnel Management for expenses associated with the election
monitoring program and providing for extended availability.
Finally, language is included for expenses associated with
processing cases under the National Childhood Vaccine Injury
Act of 1986.
Also, under Salaries and Expenses, Antitrust Division,
language is included providing for no-year availability of
funds. The language also provides that fees collected for
premerger notification filings, regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended.
In addition, under Salaries and Expenses, United States
Attorneys, language is included regarding inter-governmental
and cooperative agreements and limiting funds for official
reception and representation expenses. Language is also
included extending the availability of certain funds. Finally,
language is included requiring each United States Attorney to
establish or participate in a task force on human trafficking.
Furthermore, under United States Trustee System Fund,
language is included regarding refunds due depositors. Language
is also included providing for the extended availability of
certain funds and the use of offsetting collections.
Moreover, under Fees and Expenses of Witnesses, language is
included regarding contracts for the procurement and
supervision of expert witnesses. In addition, language is
included regarding funds for construction of buildings for
safesites, armored and other vehicles, and telecommunication
equipment. The language also provides for no-year availability
of funds.
And under Salaries and Expenses, Community Relations
Service, language is included regarding the transfer of funds
for conflict resolution and violence prevention activities,
which shall be subject to the provisions of section 505 of this
Act.
Under United States Marshals Service, Salaries and
Expenses, language is included limiting official reception and
representation expenses, and providing for no-year availability
for part of the appropriation.
Also, under Construction, language is included providing
for no-year availability.
In addition, under Federal Prisoner Detention, language is
included providing for no-year availability. Language is also
included providing that the Marshals Service shall be
responsible for managing the Justice Prisoner and Alien
Transportation System. In addition, language is included
limiting the amount of funds considered ``funds appropriated
for State and local law enforcement assistance''.
Under National Security Division, Salaries and Expenses,
language is included providing for the no-year availability of
funds for IT systems. Language is also included providing that
upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of
the National Security Division, the Attorney General may
transfer such amounts to this heading from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances. The language provides such a transfer be treated
as a reprogramming under section 505 of this Act.
Under Interagency Law Enforcement, Interagency Crime and
Drug Enforcement, language is included regarding authorities
under which funds may be used.
Under Federal Bureau of Investigation, Salaries and
Expenses, language is included providing for no-year
availability of certain funds. Language is also included
providing for a limitation on representational expenses.
Finally, language is included regarding a comprehensive review
of the implementation of the recommendations related to the
Federal Bureau of Investigation that were proposed in the
report issued by the National Commission on Terrorist Attacks
Upon the United States.
Under Construction, language is included specifying the
purpose of the appropriation and making it available until
expended.
Under Drug Enforcement Administration, Salaries and
Expenses, language is included providing for funds to meet
unforeseen emergencies of a confidential character. Language is
also included allowing expenses to conduct drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs. In
addition, language is included providing for no-year
availability of certain funds. Finally, language is included
providing for a limitation on representational expenses.
Under Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses, language is included allowing training
of State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection, and allowing provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement. Language is also included limiting
official reception and representation expenses. In addition,
language is included providing funds for the payment of
attorneys' fees. In addition, language is included providing
for no-year availability of certain funds. Additional language
is included prohibiting expenses to investigate or act upon
applications for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code. Language
is further included regarding expenses to investigate
applications filed by corporations for relief from section
925(c) of title 18, United States Code. Moreover, language is
included that prohibits funds to transfer the functions,
missions or activities of ATF to other agencies or departments.
Under Federal Prison System, Salaries and Expenses,
language is included that provides for the transfer to the
Health Resources and Services Administration funds necessary
for medical relief for inmates. Language is also included that
provides authority to the Director to enter into contracts to
furnish health care. In addition, language is included placing
a limitation on funds for reception and representation
expenses. Furthermore, language is included extending the
availability of certain funds. Finally, language is included
providing authority for the Federal Prison System to accept
donated property and services.
Also, in Building and Facilities, language is included
providing for no-year availability of funds and establishing
maximum and minimum funding levels for certain activities.
Language is also included stating labor of prisoners may be
used for work under this heading.
Additionally, under Federal Prison Industries,
Incorporated, language is included authorizing Federal Prison
Industries, Incorporated, to make such expenditures, within the
limits of funds and borrowing authority available, and in
accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations, as may
be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation.
Furthermore, under Limitation on Administrative Expenses,
Federal Prison Industries, Incorporated, language is included
making available funds for its administrative expenses, and for
certain services, to be computed on an accrual basis to be
determined in accordance with the corporation's current
prescribed accounting system, and such amounts shall be
exclusive of depreciation, payment of claims, and expenditures
which such accounting system requires to be capitalized or
charged to cost of commodities acquired or produced, including
selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Under State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs, language is included making funds
available until expended. Language is also included placing a
limitation on funds to be made available for expenses related
to evaluation, training, and technical assistance. In addition,
language is included providing for specific appropriations for
various programs within the Office on Violence Against Women.
Furthermore, language is included making available certain
unobligated balances for specified programs. The language also
applies certain conditions to specified grants. It provides for
certain funds to be transferred to ``Research, Evaluation, and
Statistics'' for administration by the Office of Justice
Programs. Finally, language is included to establish a national
clearinghouse that provides training and technical assistance
on issues relating to sexual assault of American Indian and
Alaska Native women.
Under Office of Justice Programs, Research, Evaluation and
Statistics, language is included to provide for no-year
availability of funds. Language is also included to provide for
specific appropriations for various programs within the Office
of Justice Programs.
Also, under State and Local Law Enforcement Assistance,
language is included to provide for no-year availability of
funds. Language is also included regarding Puerto Rico. In
addition, language is included regarding a Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
Initiative as well as domestic radicalization research.
Moreover, language is included regarding a comprehensive school
safety initiative. In addition, language is included regarding
Federal immigration and other detainees housed in State and
local detention facilities. Furthermore language is included
regarding local government use of funds to increase the number
of law enforcement officers. Language is also included
regarding DNA training and education for law enforcement,
correctional personnel, and court officers. There is further
language regarding certain time limitations under the Second
Chance Act, as well as language regarding prison rape auditing.
Finally, the language specifies appropriations for various
programs within the Office of Justice Programs.
In addition, under Juvenile Justice Programs, language is
included providing for no-year availability of funds. Language
is also included regarding research, evaluation, and statistics
activities designed to benefit the programs or activities
authorized, with certain exceptions. In addition, language is
included regarding funds for training and technical assistance,
with certain exceptions. Finally, the language delineates
certain amounts for various programs under this heading.
Furthermore, under Public Safety Officer Benefits, language
is included providing for no-year availability of funds.
Language is also included providing for the transfers of funds
in emergent circumstances, which shall be subject to the
provisions of section 505 of this Act.
Under Department of Justice, General Provisions, the
following general provisions that fall within the rule are
recommended:
Section 201 makes available additional reception and
representation funding for the Attorney General from
the amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or to preserve the
life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes the obligation of the
Director of the Bureau of Prisons to provide escort
services to an inmate receiving an abortion outside of
a Federal facility, except where this obligation
conflicts with the preceding section.
Section 205 establishes the Committee's requirements
and procedures for transfer proposals.
Section 206 authorizes the Attorney General to extend
an ongoing Personnel Management Demonstration Project.
Section 207 prohibits the use of funds for
transporting prisoners classified as maximum or high
security, other than to a facility certified by the
Bureau of Prisons as appropriately secure.
Section 208 prohibits the use of funds for the
purchase or rental by Federal prisons of audiovisual
equipment, services and materials used primarily for
recreational purposes, except for those items and
services needed for inmate training, religious, or
educational purposes.
Section 209 requires review by the Deputy Attorney
General and the Department Investment Review Board
prior to the obligation or expenditure of funds for
major information technology projects.
Section 210 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 211 prohibits the use of funds for A-76
competitions for work performed by employees of the
Bureau of Prisons or Federal Prison Industries, Inc.
Section 212 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys
from statutory residency requirements.
Section 213 permits up to 3 percent of grant and
reimbursement program funds made available to OJP to be
used for training and technical assistance and permits
up to 2 percent of grant or reimbursement funds made
available to that office to be used for criminal
justice research, evaluation and statistics.
Section 214 gives the Attorney General the authority
to waive matching requirements for Second Chance Act
adult and juvenile reentry demonstration projects;
state, tribal and local reentry courts; drug treatment
programs and prison rape elimination programs.
Section 215 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 216 prohibits funds, other than funds for the
National Instant Criminal Background Check System
established under the Brady Handgun Violence Prevention
Act, from being used to facilitate the transfer of an
operable firearm to a known or suspected agent of a
drug cartel where law enforcement personnel do not
continuously monitor or control such firearm.
Section 217 places limitations on the obligation of
funds from certain Department of Justice accounts and
funding sources.
Section 218 prohibits funds made available to the
Department of Justice by this Act from being used to
invalidate, overturn or interfere with State
immigration laws.
In title III, Science, under Office of Science and
Technology Policy, language is included providing that certain
funds be available for reception and representation expenses,
and rental of conference rooms.
Under National Aeronautics and Space Administration,
Science, language is included providing for the multi-year
availability of funds. Language is also included concerning a
planetary science mission.
Also, under Aeronautics, language is included providing for
the multi-year availability of funds.
In addition, under Space Technology, language is included
providing for the multi-year availability of funds.
Under Exploration, language is included providing for the
multi-year availability of funds. Language is also included
that delineates amounts for program components and notes that
additional funds are provided under a different account heading
for exploration programs.
In Space Operations, language is included providing for the
multi-year availability of funds.
Additionally, under Education, language is included
providing for the multi-year availability of funds. Language is
also included delineating amounts for program components.
Under Cross Agency Support, language is included providing
for the multi-year availability of funds. Language is also
included to limit official reception and representation
expenses.
Under Construction and Environmental Compliance and
Restoration, language is included providing for the multi-year
availability of funds. Language is also included restricting
receipts and expenditures made pursuant to enhanced use lease
arrangements and requiring the inclusion of estimates in future
budget requests.
Under Office of Inspector General, language is included
providing for the multi-year availability of some funds.
In the Administrative Provisions, language is included
regarding: availability of funds for announced prizes;
transfers of funds; and the submission of a spending plan.
Under National Science Foundation, Research and Related
Activities, language is included that provides for the multi-
year availability of funds. Language is also included that
governs funding availability for polar research and operational
support. In addition, language is included providing that
certain receipts may be credited to this appropriation.
Also, under Major Research Equipment and Facilities
Construction, language is included providing for no-year
availability of funds. Language is also included prohibiting
reimbursement of the Judgment Fund.
In addition, under Education and Human Resources, language
is included providing for the multi-year availability of funds.
Furthermore, under Agency Operations and Award Management,
language is included regarding contracts for maintenance and
operation of facilities and other services. Language is also
included limiting official reception and representation
expenses.
Under Office of the National Science Board, language is
included limiting funds for official reception and
representation expenses.
Under Office of Inspector General, language is included
providing for the multi-year availability of some funds.
Under Administrative Provision, a general provision is
included regarding transfers of funds.
In title IV, Related Agencies, under Commission on Civil
Rights, Salaries and Expenses, language is included prohibiting
expenses to employ in excess of a specific level of full-time
individuals or to reimburse Commissioners for certain billable
days. Language is also included prohibiting funding for
activities not explicitly authorized.
Under Equal Employment Opportunity Commission, Salaries and
Expenses, language is included designating amounts for payments
to State and local enforcement agencies. Language is also
included limiting funds for official reception and
representation expenses. Finally, language is included
authorizing the Chair to accept donations or gifts to carry out
the work of the Commission.
Under International Trade Commission, Salaries and
Expenses, language is included limiting funds for official
reception and representation expenses. Language is also
included providing for no-year availability of funds.
Under Legal Services Corporation, Payment to the Legal
Services Corporation, language is included regarding pay for
officers and employees. Language is also included delineating
amounts for specific programs and regarding authorities to
transfer funds. In addition, language is included designating
the Legal Services Corporation as an agency of the Federal
Government for the purposes of reprogramming and reporting on
conference expenditures.
Under Administrative Provision, Legal Services Corporation,
language is included that prohibits the use of funds for
certain activities.
Under Office of the United States Trade Representative,
Salaries and Expenses, language is included providing for the
no-year availability of some funds. Language is also included
limiting funds for official reception and representation
expenses.
Under State Justice Institute, Salaries and Expenses,
language is included limiting funds for reception and
representation expenses. Language is also included providing
for multi-year availability of some funds. In addition,
language is included designating SJI as an agency of the
Federal Government for the purposes of reprogramming and
reporting on conference expenditures.
In title V, General Provisions, the following general
provisions that fall within the rule are recommended:
Section 501 prohibits the use of funds for publicity
or propaganda purposes unless expressly authorized by
law.
Section 502 prohibits any appropriation contained in
this Act from remaining available for obligation beyond
the current fiscal year unless expressly authorized.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting
service through procurement contracts shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection,
except where otherwise provided under existing law or
under existing Executive order issued pursuant to
existing law.
Section 504 provides that if any provision of this
Act or the application of such provision to any person
or circumstance shall be held invalid, the remainder of
the Act and the application of other provisions shall
not be affected.
Section 505 specifies requirements for reprogramming
funds.
Section 506 provides that if it is determined that
any person intentionally affixes a ``Made in America''
label to any product that was not made in America that
person shall not be eligible to receive any contract or
subcontract made with funds made available in this Act.
The section further provides that to the extent
practicable, with respect to purchases of promotional
items, funds made available under this Act shall be
used to purchase items manufactured, produced or
assembled in the United States or its territories or
possessions.
Section 507 requires quarterly reporting to Congress
on the status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting
from, or to prevent, personnel actions taken in
response to funding reductions in the Act shall be
absorbed within the budgetary resources available to
the department or agency, and provides transfer
authority between appropriation accounts to carry out
this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this
Act from being used to promote the sale or export of
tobacco or tobacco products or to seek the reduction or
removal of foreign restrictions on the marketing of
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of
the same type.
Section 510 limits the obligation of certain funds.
Section 511 prohibits the use of Department of
Justice funds for programs that discriminate against or
denigrate the religious or moral beliefs of students
participating in such programs.
Section 512 prohibits the transfer of funds provided
in this Act to any department, agency or
instrumentality of the United States Government, except
for transfers made by, or pursuant to authorities
provided in, this Act or any other appropriations Act.
Section 513 provides that funds provided for E-
Government Initiatives shall be subject to the
procedures set forth in section 505 of this Act.
Section 514 requires certain timetables and
procedures for specified audits performed by Inspectors
General of the departments and agencies funded in this
Act and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts
appropriated by this Act.
Section 515 prohibits funds for information
technology acquisitions unless the acquiring department
or agency has assessed the risk of cyber-espionage or
sabotage.
Section 516 prohibits the use of funds in this Act to
support or justify the use of torture by any official
or contract employee of the United States Government.
Section 517 permanently prohibits the use of funds to
require certain export licenses.
Section 518 permanently prohibits the use of funds to
deny certain import applications regarding ``curios or
relics'' firearms, parts, or ammunition.
Section 519 prohibits the use of funds to include
certain language in trade agreements.
Section 520 prohibits the use of funds in this Act to
authorize or issue a national security letter (NSL) in
contravention of certain laws authorizing the Federal
Bureau of Investigation to issue NSLs.
Section 521 requires congressional notification
regarding any project within the Departments of
Commerce or Justice, or the National Science Foundation
and the National Aeronautics and Space Administration
totaling more than $75,000,000 that has cost increases
of at least 10 percent.
Section 522 deems funds for intelligence or
intelligence related activities as authorized by
Congress during fiscal year 2014 until the enactment of
the Intelligence Authorization Act for fiscal year
2014.
Section 523 provides for rescissions of unobligated
balances in the Departments of Commerce and Justice.
Section 524 prohibits the use of funds in this Act
for the purchase of first class or premium air travel.
Section 525 prohibits the use of funds to pay for the
attendance of more than 50 department or agency
employees at any single conference outside the United
States, unless the conference is a law enforcement
training or operational event where the majority of
Federal attendees are law enforcement personnel
stationed outside the United States.
Section 526 prohibits the use of funds in this or any
other Act for the transfer or release of certain
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to or within the United States,
its territories or possessions.
Section 527 prohibits the use of funds in this or any
other Act to construct, acquire or modify any facility
in the United States, its territories, or possessions
to house certain individuals who, as of June 24, 2009,
were located at United States Naval Station, Guantanamo
Bay, Cuba, for the purposes of detention or
imprisonment in the custody or control of the
Department of Defense.
Section 528 requires, when practicable, the use of
funds in this Act to purchase light bulbs that have the
``Energy Star'' or ``Federal Energy Management
Program'' designation.
Section 529 requires tracking and reporting of
undisbursed balances in expired grant accounts.
Section 530 prohibits the use of funds by the
National Aeronautics and Space Administration (NASA) or
the Office of Science and Technology Policy (OSTP) to
engage in bilateral activities with China or a Chinese-
owned company unless the activities are authorized by
subsequent legislation or NASA or OSTP have made a
certification pursuant to subsections (c) and (d) of
this section.
Section 531 specifies reporting requirements for
certain conferences held by any department, agency,
board, commission or office funded by this Act, and
prohibits certain travel and conference activities,
including those that are not in compliance with OMB
policy.
Section 532 prohibits funds made available by this
Act from being used to deny the importation of shotgun
models if no application for the importation of such
models, in the same configuration, had been denied
prior to January 1, 2011, on the basis that the shotgun
was not particularly suitable for or readily adaptable
to sporting purposes.
Section 533 prohibits the use of funds to establish
or maintain a computer network that does not block
pornography, except for law enforcement purposes.
Section 534 prohibits funds made available by this
Act from being used to enter into a contract,
memorandum of understanding, or cooperative agreement
with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a
felony criminal violation under any Federal law within
the preceding 24 months.
Section 535 prohibits funds made available by this
Act from being used to enter into a contract,
memorandum of understanding, or cooperative agreement
with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability.
Section 536 prohibits funds made available by this
Act from being used to eliminate or reduce funding for
a program, project or activity as proposed in the
President's budget request until such proposed change
is enacted in an appropriation Act, or unless the
change is made pursuant to reprogramming or transfer
provisions of this Act.
Section 537 directs the Departments of Commerce and
Justice, the National Science Foundation, and the
National Aeronautics and Space Administration, working
with the Government Accountability Office, to provide a
comprehensive report that provides updated performance
metrics that are measurable, repeatable, and directly
linked to requests for funding.
Section 538 prohibits implementation, administration,
or enforcement of the final regulations on ``Disparate
Impact and Reasonable Factors Other Than Age Under the
Age Discrimination in Employment Act'' published by the
Equal Employment Opportunity Commission in the Federal
Register on March 30, 2012.
Section 539 prohibits funds from being used to
require a person licensed under section 923 of title
18, United States Code, to report information to the
Department of Justice regarding the sale of multiple
rifles or shotguns to the same person.
Section 540 prohibits funds made available for the
State Criminal Alien Assistance Program from being used
in contravention of section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373).
Section 541 expresses the sense of the Congress that
the Congress should not pass any legislation which
authorizes spending cuts that would increase poverty in
the United States.
Section 542 establishes a Spending Reduction Account,
as required by clause 3(d)(5) of H. Res. 5 (113th
Congress).
Appropriations Not Authorized by Law
The Committee, in a number of instances, has found it
necessary to recommend funding for ongoing activities and
programs for which authorizations have not been enacted to
date. Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules
of the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
UNAUTHORIZED APPROPRIATIONS
Fiscal Year 2014
(dollars in thousands)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization level in Appropriations in
Program Last year of last year of last year of Appropriations in
authorization authorization authorization this bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Commerce:
International Trade Administration
Operations and Administration
Export Promotion Activities............................... 1996 such sums 264,885 305,000
Bureau of Industry and Security
Operations and Administration............................... 1994 such sums 34,747 94,000
Economic Development Administration
Salaries and Expenses....................................... 2008 such sums 30,832 36,000
Economic Development Assistance Programs.................... 2008 500,000 349,100 184,500
Sec. 26 loan guarantees................................... 2013 20,000 (5,000) (5,000)
Minority Business Development Agency
Minority Business Development............................... n/a n/a n/a 27,000
Economic and Statistical Analysis
Salaries and Expenses....................................... n/a n/a n/a 93,430
National Telecommunications and Information Administration
Salaries and Expenses....................................... 1993 17,900 18,493 42,874
National Institute of Standards and Technology
Scientific and Technical Research and Services.............. 2013 676,700 609,514 609,038
Industrial technology services.............................. 2013 241,709 140,316 120,000
Manufacturing extension partnerships...................... 2013 (165,100) (126,088) (120,000)
Construction of research facilities......................... 2013 121,300 58,874 55,000
National Oceanic and Atmospheric Administration
Operations, Research and Facilities
Oceanic and Atmospheric Research.......................... 1993 1,589,081 202,172 348,500
Climate and air quality research activities............. 1993 (103,877) * *
Atmospheric research activities......................... 1993 (44,781) * *
National Ocean Service.................................... 1993 121,183 150,864 400,850
Coral Reef Conservation................................. 2004 (16,000) (16,000) (25,000)
Costal Zone Management.................................. 1999 (55,300) (52,700) (81,000)
Marine Protection, Research, Preservation & Sanctuaries. 2005 (40,000) (57,958) (45,000)
National Marine Fisheries Services........................ various 763,900
Endangered Species Act Activities....................... 1992 6,750
Marine Mammal Protection Act Activities................. 1999 34,768
NOAA Marine Fisheries Program Activities................ 2000 110,470
National Weather Service
Operations and research activities...................... 1993 395,822 * *
Public warning and forecast systems..................... 1993 132,034 *, *,
NESDIS
Satellite observing systems activities (NESDIS)......... 1993 336,000 *, *,
Data and information services activities................ 1993 39,596 10,300 *,
Program Support
Executive Direction and Administrative Activities....... 1993 75,750 25,000 100,000
Marine Services......................................... 1993 68,518 61,200 155,000
Aircraft Services....................................... 1993 10,336 9,500 30,000
Procurement, Acquisition and Construction
Office of Marine and Aviation Operations
Fleet modernization and replacement..................... 1997 such sums 8,000 14,609
Pacific Coastal Salmon Recovery............................. 2009 90,000 80,000 35,000
Departmental Management
Salaries and Expenses....................................... n/a n/a n/a 52,000
Department of Justice:
General Administration
Salaries and Expenses....................................... 2009 181,561 105,805 103,900
Justice Information Sharing Technology...................... 2009 204,152 80,000 25,842
Administrative review and appeals........................... 2009 243,291 270,000 307,000
Office of Inspector General................................. 2009 81,922 80,681 81,540
United States Parole Commission
Salaries and Expenses....................................... 2009 12,711 12,570 12,000
Legal Activities
Salaries and Expenses, General Legal Activities............. 2009 764,526 805,655 822,200
Salaries and Expenses, Antitrust Division................... 2009 162,488 157,788 159,000
Salaries and Expenses, United States Attorneys.............. 2009 1,829,194 1,851,336 1,887,000
Salaries and Expenses, Foreign Claims Settlement Commission. 2009 1,429 1,823 2,100
Fees and Expenses of Witnesses.............................. 2009 203,755 168,300 270,000
Salaries and Expenses, Community Relations Service.......... 2009 10,977 9,873 12,000
Assets Forfeiture Fund...................................... 2009 22,000 20,990 20,000
United States Marshals Service................................ 2009 900,178 954,000 2,684,812
Salaries and Expenses....................................... (960,000) (1,155,000)
Construction................................................ (4,000) (9,812)
Federal Prison Detention ................................... 2009 1,858,509 1,355,319 (1,520,000)
National Security Division
Salaries and Expenses....................................... n/a n/a n/a 91,800
Interagency Law Enforcement
Interagency Crime and Drug Enforcement...................... 2009 744,593 515,000 486,000
Federal Bureau of Investigation............................... 2009 6,480,608 7,301,191 8,121,900
Salaries and Expenses....................................... (7,182,700) (8,042,000)
Construction................................................ (153,491) (79,900)
Drug Enforcement Administration
Salaries and Expenses....................................... 2009 1,930,462 1,959,084 2,304,517
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses....................................... 2009 1,038,939 1,078,215 1,142,000
Federal Prison System......................................... 2009 5,698,292 6,171,561 6,672,700
Salaries and Expenses....................................... (5,600,792) (6,580,000)
Buildings and Facilities.................................... (575,807) (90,000)
Office on Violence Against Women
Violence Against Women Prevention and Prosecution Programs
Research and Evaluation on Violence against Women......... n/a n/a n/a 3,250
Family Civil Justice...................................... various 16,000
Court Training and Improvements Program................. 2011 5,000 ?
Safe Havens Program..................................... 2011 20,000 ?
Consolidated Youth-oriented Program....................... various 10,000
Engaging Men and Youth in Prevention.................... n/a n/a n/a #
Grants to Assist Children and Youth Exposed to Violence. n/a n/a n/a #
Supporting Teens Through Education Program.............. 2011 5,000 ? #
Services to Advocate and Respond to Youth............... n/a n/a n/a #
Indian Country--Sexual Assault Clearinghouse.............. n/a n/a n/a 500
Office of Justice Programs
Research, Evaluation and Statistics
Bureau of Justice Statistics.............................. 1995 33,000 32,335 42,000
National Institute of Justice............................. 1995 33,000 58,879 37,000
Regional information sharing activities................... 2003 100,000 29,000 35,000
State and Local Law Enforcement Assistance
Byrne Memorial Justice Assistance Grants.................. 2012 1,095,000 470,000 465,000
Domestic Radicalization Research........................ n/a n/a n/a (4,000)
VALOR Initiative........................................ n/a n/a n/a (15,000)
Puerto Rico Plebiscite.................................. n/a n/a n/a (2,500)
Comprehensive School Safety Initiative.................. n/a n/a n/a (75,000)
State Criminal Alien Assistance Program................... 2011 950,000 # 165,000
Byrne Competitive Grants.................................. n/a n/a n/a 10,000
Drug Courts............................................... 2008 70,000 15,200 41,000
Residential Substance Abuse Treatment..................... 2000 72,000 61,677 6,000
Capital Litigation and Wrongful Conviction Review......... 2009 75,000 5,500 1,000
Economic, High-tech, Cybercrime Prevention................ n/a n/a n/a 4,000
Adam Walsh Act Implementation............................. 2009 such sums -- 20,000
National Sex Offender Public Web Site..................... n/a n/a n/a 1,000
NICS Initiative........................................... n/a n/a n/a 55,000
DNA Initiative
Post-Conviction DNA Testing Grants...................... 2009 5,000 5,000 4,000
Tribal Assistance......................................... various 30,000
Tribal Courts........................................... 2004 such sums (8,000) **
Alcohol and Substance Abuse............................. n/a n/a n/a **
Indian Prison Grants.................................... 2000 (2,753) (5,000) **
Training/TA Civil and Criminal Legal Assistance......... n/a n/a n/a **
Second Chance Act/Offender Reentry........................ 2010 55,000 100,000 55,000
Smart Probation........................................... n/a n/a n/a (5,000)
Veterans Treatment Courts................................. n/a n/a n/a 4,000
Missing Alzheimer's Patients Grants....................... 1999 900 898 1,000
Prescription Drug Monitoring.............................. n/a n/a n/a 7,000
Prison Rape Prevention and Prosecution.................... 2010 40,000 15,000 12,500
Justice Reinvestment Initiative........................... n/a n/a n/a 25,000
Juvenile Justice Programs
Part B--State Formula Grants.............................. 2007 such sums # 20,000
Youth Mentoring Grants.................................... 2007 such sums # 90,000
Victims of Child Abuse Programs........................... 2005 8,481 11,000 19,000
Missing and Exploited Children Programs................... 2013 such sums 65,742 67,000
Science:
National Aeronautics and Space Administration
Science..................................................... 2013 5,509,600 5,047,447 4,781,000
Aeronautics................................................. 2013 590,000 559,301 566,000
Space Technology............................................ 2013 515,000 629,950 576,000
Exploration................................................. 2013 5,264,000 3,814,041 3,612,000
Space Operations............................................ 2013 4,253,300 3,878,802 3,670,000
Education................................................... 2013 145,700 122,654 122,000
Cross-agency Support........................................ 2013 3,276,800 2,770,012 2,711,000
Construction and Environmental Compliance and Remediation... 2013 366,900 667,236 525,000
Office of Inspector General................................. 2013 38,700 37,287 35,300
National Science Foundation
Research and Related Activities............................. 2013 6,637,849 5,870,974 5,676,200
Major Research Equipment and Facilities Construction........ 2013 236,764 192,488 182,620
Education and Human Resources............................... 2013 1,041,762 878,799 825,000
Agency Operations and Award Management...................... 2013 363,670 293,780 294,000
Office of the National Science Board........................ 2013 4,906 4,357 4,100
Office of Inspector General................................. 2013 15,049 13,933 13,200
Related Agencies:
Commission on Civil Rights
Salaries and Expenses....................................... 1995 9,500 8,904 8,763
International Trade Commission
Salaries and Expenses....................................... 2004 57,240 58,295 79,000
Legal Services Corporation
Payment to the Legal Services Corporation................... 1980 205,000 300,000 300,000
Marine Mammal Commission
Salaries and Expenses....................................... 1999 1,750 1,240 2,900
Office of the U.S. Trade Representative
Salaries and Expenses....................................... 2004 33,108 41,552 50,000
State Justice Institute
Salaries and Expenses....................................... 2008 7,000 3,760 4,799
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102-567) provides authorizations for general categories of
activities, rather than specific programs. Since a program may cut across several authorizations, it is impossible to determine the exact amount of
unauthorized appropriations.
Authorization covers multiple lines in the NOAA control table.
This authorization provides for both procurement and operations activities, but does not provide a breakdown for each.
Authorization does not provide amounts for specific accounts within this agency.
This was formerly the ``General Administration, Detention Trustee'' account.
? The authorization for this program expired in FY2011. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
# These programs have been combined into the Consolidated Youth-oriented Program.
** The recommendation includes an overall amount for tribal assistance but does not specify amounts for each particular program.
The authorization for this program expired in FY2007. Since the government was funded by a full-year continuing resolution, the Committee did not
provide a specific appropriation for this program.
Comparison With the Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority and outlays provided in the
bill with the appropriate allocations made under section 302(b)
of the Budget Act:
BUDGETARY IMPACT PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC
LAW 93-344, AS AMENDED
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill\1\
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees
Subcommittee on Commerce, Justice, Science
General purpose discretionary....................... 47,396 58,700 47,396 58,700
Mandatory........................................... 347 337 347 337
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year outlay projections
associated with the budget authority provided in the
accompanying bill, as provided to the Committee by the
Congressional Budget Office:
------------------------------------------------------------------------
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2014............................................. \1\36,695
2015............................................. 13,006
2016............................................. 3,272
2017............................................. -1,233
2018 and future years............................ 5,660
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
Assistance To State and Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments:
[In millions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority..................................... -7,646
Outlays.............................................. \1\-13
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
Program Duplication
Pursuant to section 3(j)(2) of H. Res. 5 (113th Congress),
no provision of this bill establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Directed Rule Making
Pursuant to section 3(k) of H. Res. 5 (113th Congress), the
bill does not direct any rule making.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with fiscal year 2013 enacted amounts and budget estimates
presented for fiscal year 2014:
MINORITY VIEWS OF REPRESENTATIVE NITA LOWEY
AND REPRESENTATIVE CHAKA FATTAH
We commend Chairman Rogers and Chairman Wolf for their
efforts to assemble portions of this bill in an inclusive
manner. While not as egregious as some of the other grossly
underfunded appropriations bills, the Fiscal Year (FY) 2014
Commerce, Justice, Science bill makes it more difficult to keep
our communities safe and erodes our scientific competitiveness.
On the positive side, in working with Chairman Wolf, we
have been able to fund the following important priorities:
Neuroscience: Building on the work of the
Interagency Working Group on Neuroscience, the
requested increase of $13.9 million is provided in the
bill for neuroscience activities at the National
Science Foundation (NSF). This will allow NSF to
continue its interdisciplinary approach to transforming
our understanding of the mechanisms of the brain. The
White House Office of Science and Technology Policy
(OSTP), which plays a critical oversight and
coordination role in Federal neuroscience activities,
is also funded in the bill, at $5,453,000.
Manufacturing: $5 million is provided to the
Economic Development Administration (EDA) for loan
guarantees to small and medium-sized businesses to help
develop innovative new products and new technologies.
In addition, funds are provided within NSF to support
advanced manufacturing research, to help develop new
products based on advanced technologies. Finally, the
bill provides $120 million for the Manufacturing
Extension Partnership program.
Youth Mentoring: The bill provides $90
million for Youth Mentoring. At a time when we are
seeing increases in the number of people in prison,
these programs are of vital importance in cutting the
costs associated with crime and delinquency. We need to
focus our resources on programs like these that provide
early intervention to help positively influence the
lives of our young people.
Weather Forecasting: As noted below, full
funding is provided both for National Weather Service
operating expenses and for procurement of the two
largest and most vital future weather satellites.
At the same time, however, it is simply impossible to
sufficiently fund Federal, state, and local crime-fighting
efforts, critical economic development and export expansion
efforts, and science and manufacturing support within the
allocation provided.
We continue to be dismayed by the House Majority's refusal
to go to conference to forge a bipartisan agreement on the
budget resolution that addresses sequestration and provides
workable 302(b) allocations for Appropriations bills. The
failure of the House Majority's leadership imperils this year's
appropriations process, making it nearly impossible to move all
12 bills. Sequestration was intended to be a mechanism for the
parties to come together to address our long-term fiscal
challenges. It was never meant to be, in itself, a tool for
deficit reduction, and it was certainly never meant to be the
basis for a discretionary spending cap in a budget resolution.
The fiscal year (FY) 2014 bill approved by the Committee
provides net budget authority of $47.4 billion, a cut of $2.8
billion below FY 2013 and $3.8 billion below the request.
However, after accounting for rescissions and scorekeeping
adjustments, the bill is a full $4.7 billion below the
President's request and $4.9 billion below the Senate
subcommittee allocation. Given the wide array of public needs
that must be funded in this bill, a higher subcommittee
allocation is absolutely essential to avoid harming a great
many critical national efforts.
DEPARTMENT OF COMMERCE
For the Department of Commerce, the Committee provides $7.5
billion, a decrease of $198 million below FY 2013 pre-
sequester, and more than $1 billion below the Administration's
request.
We reiterate that we are pleased the Committee provides
full funding both for the operating budget of the National
Weather Service, as well as for the National Oceanic and
Atmospheric Administration (NOAA)'s two largest and most
important weather satellite procurement efforts--the
Geostationary Operational Environmental Satellite, R Series
(GOES-R), and the Joint Polar Satellite System (JPSS). The
nation has seen far too many examples in recent years of the
danger to human life and the damage to property and public
infrastructure caused by extreme weather events. It is
essential for us to provide ample resources for both the
personnel and technology of the National Weather Service, to
minimize gaps in weather data and to provide sufficient advance
warning of dangerous weather events. Chairman Wolf is to be
commended for his strong commitment to this important
governmental function.
At the same time, however, we are disappointed that the
Committee cuts funding for several important climate science
efforts of NOAA and its external partners. The Committee
provides $97 million for NOAA climate research, a cut of $89.9
million (48%) below FY 2013. Not only are NOAA's climate
research and data-gathering helpful to individuals, they are
extremely useful to business and industry we depend on for
economic growth. For example, the construction sector uses
NOAA's long-term precipitation data to develop erosion control
procedures for construction projects, and to design natural gas
pipeline trenches that will withstand saturated ground
conditions. Additionally, the energy sector uses climate data
when planning infrastructure upgrades.
The Committee completely eliminates funding for several
upcoming climate satellite programs, including: (1) NASA's
Landsat, which provides valuable data in support of
agriculture, forestry, and regional planning, (2) the Jason-3
satellite, a partnership with Europe designed to provide data
on sea level variations, and (3) the Polar Free Flyer, designed
both to make climate measurements and to aid maritime search
and rescue efforts. The Committee also eliminates funding for
the Deep Space Climate Observatory (DSCOVR), designed to help
provide advance warning of dangerous solar storms. Absent
sufficient warning, these storms can cause significant harm to
satellite operations, GPS signals, aircraft navigation, and
electrical power grids. DSCOVR is scheduled to launch in late
2014 and is urgently needed to replace an aging satellite that
could become nonfunctional any time now. These are examples of
what happens when appropriations subcommittees receive
inadequate 302(b) allocations.
Additional funding will also be needed for the ocean and
coastal stewardship programs of NOAA. The Committee provides
$400.9 million for the National Ocean Service, a cut of $91.3
million below FY 2013 and $102.4 million below the request. The
Coastal Zone Management grants program is just one of many
individual programs facing cuts, as it receives just $40
million, a cut of $25 million below FY 13 and $31.1 million
below the President's request. This cut will make it more
difficult for communities to prepare for, mitigate, and recover
from storms, leaving our shorelines and coasts more at risk.
The Census Bureau is funded at $844.7 million, a reduction
of $44.5 million below FY 2013 and $137.7 million below the
request. Within the total, the Committee provides $390.9
million for 2020 Census preparation, a reduction of $95.7
million (20%) below the request, which threatens research
efforts that would allow the 2020 Census to be conducted at a
lower cost.
We are pleased, however, that $5 million is provided for
EDA's loan guarantee program for innovative technologies in
manufacturing. The bill also provides $5 million to continue a
grant program to relocate jobs back to the United States that
have previously been placed outside the United States.
However, much more funding will be needed for overall
economic development and export expansion efforts of the
Commerce Department, to help create jobs and strengthen the
middle class. EDA program grants are essentially level-funded,
at $184.5 million, while the National Institute of Standards
and Technology's Manufacturing Extension Partnership program
receives $120 million, a cut of $6.1 million below FY 2013 and
$33.1 million below the request. Zero funding is provided for
the Advanced Manufacturing Technology Consortia program, which
helps industry identify long-term manufacturing needs. The
International Trade Administration is funded at $451 million, a
cut of $22.7 million below FY 2013, which will likely cause
further attrition losses of both commercial service officers at
U.S. embassies overseas as well as export assistance staff
based in the U.S. All of these personnel help to create jobs
here at home by working with American companies to increase
their exports. The Committee also cuts funding for the Minority
Business Development Agency by $1.2 million, or 4.1%, below FY
2013. At a time when the unemployment rate remains stubbornly
high, at 7.6%, we need to invest more federal resources in the
work of these agencies, all of whom have a proven track record
of helping to create jobs, but the subcommittee's woefully
inadequate allocation is preventing that from happening.
DEPARTMENT OF JUSTICE
For the Department of Justice (DOJ), the bill provides
$26.7 billion, a decrease of $722 million below FY 2013 pre-
sequester, and $1.77 billion below the request. DOJ is ill-
positioned to absorb this additional financial hardship.
Already, due to sequestration, the Department has been unable
to keep up with attrition and is estimated to shed more than
1,500 staff during FY 2013, including more than 600 agents and
150 attorneys. As a result of these personnel losses, DOJ has
fewer staff to conduct investigations, litigate cases, and
investigate drug trafficking organizations.
The Committee unfortunately continues the pattern of
underfunding these important activities by providing less than
requested for legal and law enforcement components. With the
exception of small increases for the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF), the National Security
Division (NSD) and the Federal Bureau of Investigation (FBI),
the funding levels provided are even below FY 2013 levels.
Estimates show the Administration's budget request would
have funded an array of additional work when compared to FY
2013, including:
3,000 additional violent fugitive apprehensions
by the United States Marshals Service;
More than 1,500 additional FBI investigations;
60 additional criminal organizations disrupted or
dismantled by the Drug Enforcement Agency;
More than 200 additional ATF cases brought for
prosecution;
More than 18,000 additional immigration matters
completed by the Executive Office of Immigration Review; and
Nearly 10,025 additional matters handled by the
NSD.
The bill provides $6.58 billion for the salaries and
expenses of the Federal Bureau of Prisons (BOP), a decrease of
$112 million below FY 2013 and $251 million below the request.
At this level of funding, BOP will be forced to make the
difficult choice between maintaining staffing levels required
for the safety of correctional workers and inmates and
activating additional facilities to add much needed capacity.
There is no doubt that we are in need of reforms in our
prison system. We are pleased that the Committee includes $1
million to establish a prison task force. The Colson task
force, named after the late Charles ``Chuck'' Colson, will make
recommendations for data-driven strategies that would improve
safety, alleviate overcrowding, examine rehabilitation and
employment programs, and look at reentry and recidivism
programs. We support these efforts and look forward to
reviewing the findings and recommendations of the Colson task
force.
We are pleased that many important grant programs are
protected through level funding or increases, including Office
on Violence Against Women grant programs, Crime Victims Fund
programs, the Byrne-JAG formula grant program, the Victims of
Trafficking program, the Justice Reinvestment Initiative, and
the Youth Mentoring program.
We strongly support the important resources provided by the
bill to combat gun violence. For grants to improve the
submission of records to the National Instant Criminal
Background Check system, the bill provides $55 million as
requested by the President, an increase of $37.4 million.
In addition, the bill provides $75 million for the
Comprehensive School Safety Initiative, a new grant program
proposed in the President's budget that would provide funding
for schools to implement evidence-based approaches to improving
school safety.
However, State and Local grant programs at DOJ overall are
cut by $352.3 million below FY 2013, even as state and local
budgets continue to struggle. Several important grant programs
are eliminated entirely, including Byrne Incentive Grants, the
Byrne Criminal Justice Innovation Program, the Children Exposed
to Violence Initiative, and the State and Local Help Desk and
Diagnostic Center. Juvenile Justice programs overall are hit
particularly hard, including the elimination of the Community-
Based Violence Initiative, the National Forum on Youth
Violence, the Juvenile Accountability Block Grant program, the
Local Delinquency Prevention Incentive Grant program, and the
Training for Judicial Personnel program.
The most egregious of these eliminations is the termination
of the COPS Hiring program. This amounts to a reduction of
$217.9 million in funding below the 2013 enacted level and
$439.5 million less than the President's request. Had it been
funded at the request, it would provide funding for the hiring
of approximately 1,400 new officers.
The final FY 2014 CJS Appropriations Act must reverse these
harmful cuts and program eliminations that threaten public
safety.
SCIENCE
As noted above, the bill provides $5,453,000 for OSTP, a
decrease of $287,000 below the FY 2013 pre-sequester level, and
$205,000 below the request. OSTP plays a critical oversight and
coordination function for science and technology activities
across the executive branch, including an initiative begun at
the request of this subcommittee to better coordinate and
strengthen neuroscience research. We are at the cusp of
significant breakthroughs related to the treatment of brain
injuries, cognitive developmental disorders, and
neurodegenerative diseases like Parkinson's and Alzheimer's
that will have tremendous implications for the mental health of
the American people and the cost of health care.
The bill provides $6.995 billion for NSF, $195.5 million
below the FY 2013 level and $630 million below the request.
This cut comes at a time when maintaining the United States'
competitive edge in science and technology is more important
than ever.
For NSF's Research and Related Activities account, the bill
provides $5.7 million, $195 million less than FY 2013 and $536
million less than the request. Compared to the budget request,
nearly 1,800 fewer competitive awards would be funded,
impacting nearly 20,000 researchers, teachers, students, and
technicians. The bill provides $825 million for NSF's Education
and Human Resources account, a cut of $53.8 million below FY
2013 and $55 million below the request. This cut would result
in nearly 90 fewer awards compared to the budget request,
impacting more than 1,600 researchers, teachers, and students.
As noted earlier, Chairman Wolf is to be commended for
making neuroscience funding a priority in the bill. Building on
the work of the Interagency Working Group on Neuroscience, this
increase will allow NSF to continue its interdisciplinary
approach to transforming our understanding of the mechanisms of
the brain. In addition, we are pleased that the bill provides
resources to increase access to STEM fields for
underrepresented populations. Despite the funding of these
important activities, we should be making much more of an
investment in NSF overall than the allocation allows.
The bill provides a total of $16.6 billion for the National
Aeronautics and Space Administration (NASA), a cut of $928.4
million below FY 2013 and $1.1 billion below the President's
request. Within this amount, several valuable efforts are
funded at decent levels, such as aeronautics research, which is
fully funded at the President's request of $566 million, $6.7
million above FY 2013. The Minority University Research and
Education program is funded at $30 million, $600,000 above FY
2013. In addition, we appreciate the increase above the
President's request for NASA's Planetary Science efforts,
particularly for the Mars 2020 rover and for a future probe of
the Jupiter moon Europa. This funding will help ensure the
United States maintains its international leadership in solar
system exploration.
At the same time, the Committee includes some very
significant NASA program reductions that will need to be
reversed as this process moves forward. While the NASA
Education account receives $122 million, NASA education and
public outreach activities overall are significantly reduced,
as is funding for Space Technology, which receives $576
million, a reduction of $54 million below FY 2013 and $166.6
million below the President's request. In addition, the overall
NASA Science account receives $4.8 billion, a cut of $266.4
million below FY 2013 and $236.8 million below the President's
request. The Science account includes a reduction of $74.2
million below the President's request for development of the
James Webb Space Telescope, which will likely cause further
launch delays and ultimately increase the total life cycle cost
of this program.
NASA's Commercial Crew Development program, designed to
help enable American aerospace companies to transport
astronauts to the International Space Station, receives $500
million, $15.1 million below FY 2013 and a full $321.4 million
below the President's request. The NASA Administrator recently
reemphasized the importance of receiving the full
Administration request for this program, both to ensure
competition among multiple American companies and to help end
our reliance on Russia for transporting American astronauts
into space.
RELATED AGENCIES
The Legal Services Corporation (LSC) takes a
disproportionately large hit to its funding with a cut of $58
million, or 16 percent, when it should have received an
increase.
From 2010 to 2012, misguided cuts to the LSC have resulted
in the termination of 1,031 full-time staff, including 406
attorney positions. In addition, grantees have been forced to
close 30 offices. This meant that 122,000 fewer cases were
closed and 334,000 fewer people were served.
At the misguided funding level in the House bill, local
legal services programs could be forced to close approximately
19 offices and layoff an estimated 619 staff, including 251
full-time attorneys. These staffing losses could potentially
result in an estimated 75,000 fewer cases handled--meaning that
206,000 fewer impoverished Americans would be served. This
includes cases involving returning veterans seeking benefits,
elderly victims of foreclosure, and women seeking safety for
themselves and their children from domestic violence.
The President recognized the need for additional funding by
recommending $430 million for the LSC. We are hopeful that we
can reach an agreement at the end of this process that allows
for this level of funding.
The bill provides $355 million for the Equal Employment
Opportunity Commission, a decrease of $8 million below the FY
2013 level and $17.9 million below the amount requested.
COMMITTEE AMENDMENTS
Although the Chairman's mark was free of any new
controversial riders, several new amendments were adopted
during Committee consideration of the bill that we find
troubling.
First, the Committee adopted an amendment that would
prevent the enforcement of an existing requirement that Federal
firearms licensees (FFLs) in four southwest Border States
report to the National Tracing Center on the sale of certain
kinds of rifles favored by the Mexican drug cartels. This
reporting requirement is narrow and targeted, applying only to
the four border states (Texas, Arizona, New Mexico and
California), and only when a dealer sells two or more
qualifying long guns to a single individual within five
business days. Qualifying guns are rifles that (1) are semi-
automatic; (2) are greater than .22 caliber; and (3) can hold a
detachable magazine. It does not apply to shotguns or the vast
majority of rifles regularly used for hunting or sporting
purposes.
This reporting requirement is identical to one that has
existed for decades for handguns, and in no way does it hinder
the ability of any law-abiding person to purchase as many
rifles as they desire. It is not an undue burden on FFLs, with
the time to complete a multiple sales form estimated at 12
minutes and an estimated annual cost in employee time of only
$16.
This very limited reporting requirement has proven to be an
important tool for Federal law enforcement in the effort to
uncover illegal trafficking operations intended to supply semi-
automatic weapons to the violent drug gangs across the border.
According to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF), these multiple sales reports have thus far
led to more than 200 defendants recommended for prosecution,
including both alleged straw purchasers and others further up
the firearms trafficking chain. Also according to ATF, the
reporting requirement is forcing firearms traffickers to change
tactics, making straw purchases more difficult and serving as a
deterrent for many people who might have engaged in straw
purchasing in the past.
This is not about gun control or compiling a registry of
long gun owners. Information that does not become part of a
trafficking investigation is purged from ATF records within two
years. This is a law enforcement response to the evidence from
successful tracings of weapons recovered in Mexico. Recent
tracings show that a large number of these weapons were first
sold by licensed gun dealers in California, Arizona, New
Mexico, or Texas.
Just this month, a unanimous panel of the U.S. Court of
Appeals for the Fifth Circuit affirmed an earlier court finding
that Federal law ``unambiguously authorizes'' this reporting
requirement. This Committee simply has no business in tying the
hands of law enforcement agencies as they attempt to carry out
Federal law.
We are disappointed that the Committee did not adopt the
Lowey-Price amendment to allow the Department of Justice to
block the sales of firearms to persons known or suspected to be
engaged in conduct related to terrorism. Currently, Federal law
prohibits nine categories of dangerous people from purchasing
or owning firearms. However, Federal law does not allow the
Attorney General the discretion to block a firearm purchase to
an individual on a terror watch list. There have been
consequences. On November 5, 2009, 13 people were shot and
killed and 30 others wounded by Major Nidal Hasan, who was able
to pass a background check and buy a handgun even though he was
under investigation by the FBI for links to terrorism. We
believe that allowing the Attorney General the discretion to
block these purchases is a common sense approach that should be
widely supported.
We are concerned by the adoption of two riders involving
immigration. The first, which would seek to prohibit so-called
sanctuary cities from receiving funding from the State Criminal
Alien Assistance Program (SCAAP), merely restates current law.
The second rider prohibits DOJ from challenging states'
immigration laws. Prohibiting constitutional challenges to
state laws that infringe on voting rights for any reason, much
less for political reasons, is a dangerous precedent to set.
An amendment was adopted that would prohibit the use of
funds to implement, administer, or enforce final regulations on
`Disparate Impact and Reasonable Factors Other Than Age Under
the Age Discrimination in Employment Act,' published by the
Equal Employment Opportunity Commission (EEOC) in the Federal
Register on March 30, 2012. The EEOC regulation this amendment
would negate is a response to a Supreme Court ruling against an
earlier, stricter EEOC standard. The regulation requires that
business be prepared to show that their practices are based on
a reasonable factor other than age, which means that they are
reasonably designed and administered to achieve a legitimate
business purpose, while taking into account potential harm to
older workers.
CONCLUSION
We commend the Chairman's work; however, the allocation for
this bill is insufficient. It is our firm hope that the
Committee will be provided a workable path forward for the FY14
Appropriations bills. We look forward to the day we return
allocations to acceptable levels, and we remain committed to
working constructively with the Chairman on this bill.
Nita M. Lowey.
Chaka Fattah.