[House Report 112-169]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-169
======================================================================
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL,
2012
_______
July 20, 2011.--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. 2596]
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, 2012, 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............................ 30
45
Title III--Science......................................... 66
67
Office of Science and Technology Policy............ 66
67
National Aeronautics and Space Administration...... 67
68
National Science Foundation........................ 75
81
Title IV--Related Agencies................................. 79
87
Commission on Civil Rights......................... 79
87
Equal Employment Opportunity Commission............ 79
87
International Trade Commission..................... 80
87
Legal Services Corporation......................... 80
88
Marine Mammal Commission........................... 82
89
Office of the United States Trade Representative... 82
89
State Justice Institute............................ 82
89
Title V--General Provisions................................ 83
90
Bill Totals
The Committee recommends a total of $50,557,000,000 for the
departments and agencies funded in this bill for fiscal year
2012, including $50,229,000,000 in discretionary budget
authority. This level of discretionary budget authority is
$7,441,684,000, or 13 percent, below the budget request;
$3,098,000,000, or 6 percent, below the amount available to the
departments and agencies funded in this bill for fiscal year
2011; and $1,574,000,000, or 3 percent below the pre-Stimulus
funding levels appropriated in fiscal year 2008.
The funding allocation for the fiscal year 2012 bill
reflects the critical need to rein in government expenditures
in the face of record-high deficits. Spending reductions are an
essential component of putting the Nation on the path of
economic recovery, job creation and financial security.
According to the Congressional Budget Office, the national
public debt is now set to eclipse the Gross Domestic Product
within the next decade. Reductions in discretionary spending
such as those included in the Committee recommendation are one
part of the overall effort that will be required to avoid
economic crisis. The Committee has proposed an unprecedented
number of program terminations, reductions and other savings
for fiscal year 2012. The Committee recommendation includes
more than $1,400,000,000 in program terminations. Combined with
other reductions in the bill these terminations will result in
a net total of $7,441,684,000 in savings compared to the
amounts requested in the President's budget, and a net total of
$3,098,000,000 in savings compared with fiscal year 2011.
Oversight and Budget Review
During its review of the fiscal year 2012 budget request
and execution of appropriations for fiscal year 2011, the
Subcommittee on Commerce, Justice, Science, and Related
Agencies held 20 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 41 public witnesses. The Committee hearings are listed
below:
Hearing Hearing Date
Department of Justice Inspector General................. 2/9/2011
Department of Commerce Inspector General................ 2/9/2011
National Aeronautics and Space Administration Inspector 2/10/2011
General................................................
National Science Foundation Inspector General........... 2/10/2011
Prisoner Reentry Expert Witnesses....................... 2/11/2011
Attorney General........................................ 3/1/2011
Patent and Trademark Office Director.................... 3/2/2011
National Aeronautics and Space Administration 3/3/2011
Administrator..........................................
National Science Foundation Director.................... 3/10/2011
Members-Outside Witnesses............................... 3/11/2011
Bureau of Prisons Director.............................. 3/15/2011
Drug Enforcement Administration Administrator........... 3/16/2011
Secretary of Commerce................................... 3/17/2011
Office of Justice Programs Administrator................ 3/29/2011
National Oceanic and Atmospheric Administration 4/1/2011
Administrator..........................................
Legal Service Corporation President and Board Member.... 4/5/2011
U.S. Trade Representative............................... 4/5/2011
Federal Bureau of Investigation Director................ 4/6/2011
National Institute of Standards and Technology Director. 4/7/2011
Office of Science and Technology Policy Director........ 5/4/2011
As part of the Committee's oversight and analysis of the
annual budget request from the Administration, the Committee
submitted a number of requests for additional information and
written questions to be answered by the departments and
agencies in support of the underlying budget request. These
materials are important for the Committee in conducting
oversight and making funding recommendations. In furtherance of
this oversight responsibility, the Committee has examined the
capability of 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.
Of particular concern, with the exception of the National
Aeronautics and Space Administration (NASA), the agencies could
not report on the age of no-year balances by year of
appropriation. As a result, it is not possible to tell whether
uncommitted or unobligated balances derive from the immediately
prior fiscal year or from appropriations enacted two, three or
more years earlier. The source year of carryover is important.
If balances have languished in agency accounts for multiple
fiscal years it is a symptom, at best, of administrative
inefficiency. Of more concern, it may suggest that the
Committee was asked to provide appropriations in excess of the
amount required to accomplish program purposes. Given the
importance of the source year of balances to accurate budget
execution, the Committee directs agencies to take the necessary
administrative actions (including, when necessary, the
reconfiguration of internal accounting systems) to capture and
routinely report this information.
The Committee also found that agencies within the
Departments of Commerce and Justice do not consistently use
their financial management systems to record amounts committed
to contracts, grants and other planned obligations. Such
information is an important indicator of agency budget
execution progress.
To obtain better information on the status of
appropriations balances, the Committee has revised a general
provision (section 508) carried in previous years. As revised,
the general provision requires detailed quarterly reports from
the Departments of Commerce and Justice, NASA, and the National
Science Foundation (NSF) on the status of funds for unobligated
balances, commitments and obligations, including the source
year, or obligation year, of balances. The Committee expects
that agency reports will show the status of balances at the
appropriation account level, as well as at budget activity or
other lower levels where such levels are reflected in the
Committee's report accompanying an appropriations act.
Major Themes and Initiatives
In the context of reducing overall discretionary spending
in this bill, the Committee's funding recommendations focus
resources on the areas of highest priority, reflecting the
Committee's assessment of national priorities and ongoing
challenges.
Law enforcement and national security.--Defending national
security from both internal and external threats remains the
Department of Justice's highest priority. This bill
demonstrates a commitment to providing essential technological
and human capital to detect, disrupt and deter threats to our
national security. The bill provides $8.1 billion for the
Federal Bureau of Investigation, the full amount requested.
Program increases total $131 million, including improvements in
surveillance, terrorist screening, and Weapons of Mass
Destruction response.
American innovation and competitiveness.--As stated in the
Rising Above the Gathering Storm report of the National
Research Council, healthy levels of investment in scientific
research are the key to long-term economic growth that exceeds
population growth. These investments lead to innovation and
improve the competitiveness of American businesses, leading, in
turn, to positive impacts on the quality of life for all
Americans. The bill includes $6.9 billion for the National
Science Foundation, including an increase of $43 million above
fiscal year 2011 for basic scientific research, and $701
million for research and standards work at the National
Institute of Standards and Technology, including $128 million
for Manufacturing Extension Partnerships to increase the
competitiveness of the Nation's manufacturers. An efficient
patent process is also critical for innovation and economic
growth. The bill provides $2.7 billion for the Patent and
Trademark Office, the full estimate of fee collections for
fiscal year 2012. Finally, the bill includes over $1 billion
for science, technology, engineering and math (STEM) education
programs across NSF, NASA, the National Institute of Standards
and Technology (NIST) and the National Oceanic and Atmospheric
Administration (NOAA).
Enhancing trade opportunities while ensuring national
security.--Also critical to the Nation's economic growth and
security are efforts to increase American exports and enhance
trade compliance and enforcement. The bill includes increases
above fiscal year 2011 for the International Trade
Administration and the Office of the U.S. Trade Representative.
In addition, the bill includes $100 million for the Bureau of
Industry and Security to ensure that sensitive U.S. dual-use
goods and technologies are not misused by proliferators,
terrorists and others working contrary to our national security
interests.
Committee Recommendation by Title
Department of Commerce.--In Title I of the bill, for the
Department of Commerce, the Committee recommends a total of
$7.1 billion in discretionary budget authority, a decrease of
$464 million below fiscal year 2011, and $1.7 billion below the
request. Highlights of the Committee's recommendation include:
$460.1 for the International Trade
Administration, an increase of $10 million above fiscal
year 2011;
$2.7 billion for the Patent and Trademark
Office, which is equal to the amount of fee collections
estimated by the Congressional Budget Office, and an
increase of $588 million, or 28 percent, above fiscal
year 2011;
$701 million for the National Institute of
Standards and Technology, including an increase of $10
million above fiscal year 2011 for scientific and
technical research, and $128.4 million for
Manufacturing Extension Partnerships; and
$4.5 billion for the National Oceanic and
Atmospheric Administration, including an increase of
$429.5 million above fiscal year 2011 for the Joint
Polar Satellite System to ensure the continuity of
critical weather forecasting capabilities.
Department of Justice.--In title II of the bill, for the
Department of Justice, the Committee recommends a total of $26
billion in discretionary budget authority, a decrease of $1
billion below fiscal year 2011 and $2.4 billion below the
budget request. Highlights of the Committee's recommendation
include:
$8.1 billion for the Federal Bureau of
Investigation, including $131 million in new national
security and criminal enforcement initiatives;
$2 billion for the Drug Enforcement
Administration, including an enhancement of $31 million
for prescription drug abuse regulatory and enforcement
initiatives;
$6.4 billion for the Bureau of Prisons, an
increase of $30 million above fiscal year 2011 to
address overcrowded conditions in Federal prisons; and
$1.7 billion for State and local law
enforcement assistance, including $438 million for
violence against women prevention and prosecution
programs.
Science.--In title III of the bill, the Committee
recommends a total of $23.7 billion, a decrease of $1.6 billion
below fiscal year 2011 and $2.8 billion below the budget
request. Highlights of the Committee's recommendation include:
$6.9 billion for the National Science
Foundation, including an increase of $43 million for
basic scientific research; and
$16.8 billion for the National Aeronautics
and Space Administration, including funding above the
request for the recently-authorized space exploration
crew vehicle and launch system.
Related agencies.--In title IV of the bill, the Committee
recommends a total of $816 million, a decrease of $102 million
below fiscal year 2011 and $176 million below the budget
request. Highlights of the Committee's recommendation include:
$300 million for the Legal Services
Corporation, a decrease of $104 million below fiscal
year 2011; and
$367 million for the Equal Employment
Opportunity Commission, which is the same as fiscal
year 2011.
Cybersecurity at Federal Agencies
The security of Federal agency computer information systems
is essential to protecting national and economic security as
well as public safety. Safeguarding such systems and the
information they contain has been on the Government
Accountability Office's (GAO) list of high-risk areas since
1997. Risks to such systems include escalating and emerging
threats from around the globe, which are further heightened by
steady advances in the sophistication of attack technology and
the ease of obtaining and using hacking tools.
The Committee directs each department and agency funded in
this bill to submit an annual report to the Committee
describing the cyber attacks and attempted cyber attacks
against such department or agency and their consequences; the
steps taken to prevent, mitigate or otherwise respond to such
attacks; and the cybersecurity policies and procedures in
place, including policies about ensuring safe use of computer
and mobile devices by individual employees. The report shall
include a description of all outreach efforts undertaken to
increase awareness among employees and contractors of
cybersecurity risks. The Committee expects each department and
agency to submit the first annual cybersecurity report, as
described above, by January 15, 2012.
Eliminating Waste, Fraud and Abuse
Drawing on findings of the offices of inspector general,
the GAO, and the Committee's surveys and investigations staff,
as well as information elicited through an extensive hearing
process, the Committee has taken active steps to address
mismanagement, including waste, fraud and abuse, through its
oversight and funding of agency programs.
The Committee began its fiscal year 2012 hearing schedule
by hearing testimony from the Inspectors General of the
Department of Justice, the Department of Commerce, NASA and
NSF. The Committee recommendations included in this report make
reference to their findings and recommendations, and in some
cases make further recommendations for the inspectors general
to investigate new matters. The Committee appreciates the
assistance of these offices in eliminating waste, fraud and
abuse, and improving efficiency of agency operations.
Reprogramming and Spending Plan Procedures
Section 505 of the bill contains language concerning the
reprogramming of funds between programs and activities. The
reprogramming process is based on comity between the Congress
and the Executive branch. This process is intended to provide
departments and agencies sufficient flexibility to meet
changing circumstances and emergent requirements not known at
the time of Congressional review of the budget while preserving
Congressional priorities and intent.
The Committee expects that each department and agency
funded in this bill shall follow the directions set forth in
this bill and the accompanying report, and shall not reallocate
resources or reorganize activities except as provided herein.
Reprogramming procedures shall apply to funds provided in this
bill, unobligated balances from previous appropriations Acts
that are available for obligation or expenditure in fiscal year
2012, and non-appropriated resources such as fee collections
that are used to meet program requirements in fiscal year 2012.
As specified in section 505, the Committee expects that the
Appropriations Subcommittees on Commerce, Justice, Science and
Related Agencies of the House and Senate will be notified by
letter a minimum of 15 days prior to any reprogramming of funds
that--
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices, programs or
activities;
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
(7) augments existing programs, projects or
activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for
any program, project or activity, or numbers of
personnel by 10 percent; or
(8) results from any general savings, including
savings from a reduction in personnel, which would
result in a change in existing programs, projects or
activities as approved by Congress.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. The Committee
further expects any department or agency funded in this bill
which plans a reduction-in-force to notify by letter the
Committee 30 days in advance of the date of any such planned
personnel action.
Relationship with Budget and Comptroller's Offices
Through the years the Appropriations Committee has
channeled most of its inquiries and requests for information
and assistance through the budget offices or comptroller
organizations of the various departments, agencies and
commissions. Such relationships are necessary to the
accomplishment of 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, and 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 the Congress.
Report on Certain Products
The Committee directs the Departments of Commerce and
Justice, NASA and NSF to provide a report listing manufactured
products, and their cost, that are purchased on a regular basis
by or on behalf of such departments and agencies that are not
currently manufactured in the United States. An interim report
is required no later than 180 days after enactment of this Act,
with a final report due no later than February 1, 2012. The
final report shall also be provided to the President's
Manufacturing Council and to the Director of the National
Institute of Standards and Technology's Manufacturing Extension
Partnership program.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends $460,106,000 in total resources
for the programs of the International Trade Administration
(ITA), which is $10,000,000 above fiscal year 2011 and
$65,985,000 below the request. This amount is offset by
$9,439,000 in estimated fee collections, resulting in a direct
appropriation of $450,667,000.
National Export Initiative.--The Committee expects that
increased resources provided above the fiscal year 2011 level
will support components of the National Export Initiative (NEI)
request for fiscal year 2012. The recommendation includes
funding in support of the NEI aimed at enhancing the
competitiveness of U.S. companies and creating jobs in the U.S.
by increasing U.S. exports. The Committee directs the
Department to continue efforts to expand U.S. exports,
including through the NEI, and encourages ITA to ensure that it
is providing adequate support and services for women-,
minority- and veteran-owned firms that are seeking assistance
in gaining access to foreign markets for their products and
services. The Committee recognizes that these firms possess
tremendous economic potential if they participate more actively
and effectively in export markets. As such, the Committee urges
ITA to conduct outreach and promotional activities to such
firms to enable them to assist in our trade goals of creating
jobs and increasing exports.
Manufacturing and Services.--The Committee recommends
$48,854,000 for manufacturing and services activities.
Market Access and Compliance.--The Committee recommends
$42,623,000 for market access and compliance activities.
Import Administration (IA).--The Committee recommends
$67,358,000 for import administration.
China Anti-dumping and Countervailing Duty Activities.--The
Committee designates funding of no less than $7,000,000 for the
Office of China Compliance, and no less than $4,400,000 for the
China Countervailing Duty Group within IA. According to May
2011 Government Accountability Office (GAO) testimony on
antidumping and countervailing duties, recent data indicate
that uncollected duties from fiscal year 2001 to 2010 have
grown to over $1 billion, with five products from China
accounting for 84 percent of uncollected duties. ITA is
directed to continue cooperative efforts with its U.S.
government partners to resolve issues surrounding the
collection of these duties and report to the Committee by
November 2, 2011, on progress made in deploying a system for
tracking Commerce's liquidation instructions to the U.S.
Customs and Border Protection.
Commercial Law Development Program.--The recommendation
does not include requested funding and bill language related to
the Commercial Law Development Program (CLDP). The goal of the
CLDP program is to assist developing countries in the creation
of transparent legal systems and fair regulations to enable
them to comply with international trade obligations. As CLDP is
a foreign assistance program, it falls under the jurisdiction
of the State, Foreign Operations, and Related Programs
Subcommittee. Requests for additional foreign assistance
funding are more appropriately made through the Department of
State to that subcommittee.
Trade Promotion and the U.S. & Foreign Commercial
Service.--The Committee recommends $264,910,000 for trade
promotion and the U.S. & Foreign Commercial Service. This
increase of $10,000,000 above fiscal year 2011 shall be for NEI
programs.
Vacant overseas positions.--ITA is requesting $24,606,000,
an increase of $320,000, to pay its International Cooperative
Administrative Support Services (ICASS) bill in fiscal year
2012. These funds are reimbursed to the State Department for
its costs associated with providing space and administrative
services for ITA employees deployed to embassies overseas.
However, a 2010 GAO report found that ITA continued to pay fees
associated with positions it maintained in U.S. embassies that
were vacant but not officially eliminated. The Committee
directs ITA to submit a report by November 7, 2011, on efforts
to address this concern, to include a report on the number and
location of overseas vacant positions and efforts to either
fill or officially remove these positions. The Committee
expects that this report will also include an update on ITA's
efforts to review its current embassy postings, with the goal
of shifting personnel to emerging markets from more mature
markets where U.S. firms have established export routes.
Travel expenditures.--The Committee expects the Department
to submit quarterly reports regarding the ITA's travel
expenditures, including separate breakouts of funding, the
number of trips, and the purposes of travel to China.
Offsetting fee collections.--The Committee is aware that
trade missions have increased, yet fee collections from
participating businesses have been relatively static over the
last several years. As a result, ITA has undertaken a review of
the user fees it assesses against domestic firms which
participate in overseas foreign trade missions with the ITA.
The Committee understands that this review, which was prompted
by a 2009 GAO report, Commerce Needs Better Information to
Evaluate Its Fee-Based Programs and Customers, is to be
completed by mid-summer 2011. ITA is directed to report to the
Committee by September 12, 2011, on the results of this study
and make recommendations for adjusting the offsetting fee
collections in subsequent budget requests.
Human rights training.--The Committee understands that ITA
provides some human rights training to its foreign commercial
service officers and foreign national employees, training about
600 commercial service staff in 2010, representing 50 countries
at 26 worldwide training events. The Committee further
understands that ITA is requiring all commercial service staff
who interact with clients but have not attended instructor-led
classes to take an online training module during fiscal year
2011. The Committee appreciates the efforts of ITA to ensure
that its employees have completed this important training. The
Committee directs ITA to submit a report by October 3, 2011,
describing the training offered, the number and location of
employees trained, and examples of the application of this
training during daily activities of ITA employees. This report
should also include the dates by which ITA intends to certify
that all of its customer-facing foreign commercial service
employees and foreign national employees will have participated
in this training. The agency shall consult with the Committee
prior to beginning this effort.
Review of foreign trade best practices.--The Committee
directs ITA, in collaboration with the U.S. Trade
Representative and the International Trade Commission, to
provide a report on the resources and support that foreign
governments provide to their domestic companies seeking to
export their products and services to foreign markets. This
report should include a description of these services and a
guide of best practices as a result of reviewing these foreign
promotion programs. The Secretary of Commerce shall submit this
report to the Committee by December 1, 2011, and incorporate
findings, as appropriate, in the fiscal year 2013 budget
requests for Commerce and ITA.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The Committee recommends $100,141,000 for the Bureau of
Industry and Security (BIS), which is the same as fiscal year
2011 and $11,046,000 below the request.
Export controls.--According to a February 2011 GAO report,
Export Controls, Improvements Needed to Prevent Unauthorized
Technology Releases to Foreign Nationals in the United States,
foreign business people, scientists, engineers, and others have
gained unauthorized access in the United States to controlled
dual-use technologies. However, the GAO found that Commerce's
screening of overseas visa applications for potential
unlicensed deemed exports dropped from 54,000 in fiscal year
2001 to just 150 in fiscal year 2009. In addition, GAO found
that in fiscal years 2004 to 2009, while the United States
issued over one million specialty occupation visas in high-
technology fields to foreign nationals from 13 countries of
concern to work in the United States, Commerce issued deemed
export licenses authorizing transfers of technology to only
about 3,200 foreign nationals from these countries. The
Committee directs the Secretary of Commerce, in consultation
with the Attorney General and the Secretary of Homeland
Security, to provide a report to the Committee by October 3,
2011, regarding its efforts to implement the recommendations in
the February 2011 GAO Report.
Export Enforcement.--The Export Enforcement program detects
and prevents the illegal export of controlled goods and
technology. By November 1, 2011, BIS shall provide the
Committee with an update on its participation in the
interagency Counter-proliferation Task Forces and its
involvement in the Department of Justice Export Enforcement
Initiative established in 2007.
Economic Development Administration
The Committee recommends $257,924,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA), which is $25,508,000 below fiscal year
2011 and $67,007,000 below the request.
Wireless Innovation Fund.--EDA requested $20,000,000 in
mandatory appropriations in fiscal year 2012, with $20,000,000
in each of the subsequent four fiscal years for a total of
$100,000,000 to establish a Wireless Innovation Fund to enable
EDA to assist communities in expanding or cultivating new
innovation-based infrastructure. This funding is dependent on
legislation being enacted to authorize incentive auctions that
would reallocate Federal agency and commercial spectrum bands
over the next ten years.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee recommends $220,000,000 for Economic
Development Assistance programs, which is $25,508,000 below
fiscal year 2011 and $64,300,000 below the request. Of the
amounts provided, funds are to be distributed as follows; any
deviation of funds shall be subject to the procedures set forth
in section 505 of this Act:
Public Works.......................................... $123,280,000
Planning.............................................. 31,000,000
Technical Assistance.................................. 9,800,000
Research and Evaluation............................... 1,500,000
Trade Adjustment Assistance........................... 15,800,000
Economic Adjustment Assistance........................ 38,620,000
-----------------
Total............................................. 220,000,000
Supplemental appropriations.--EDA received $150,000,000 in
the American Recovery and Reinvestment Act, Public Law 111-5.
As
of May 6, 2011, while EDA has obligated all of the funds as
required, EDA has disbursed about $88,094,000 in grant funding
to economically distressed communities, which is only about 59
percent of the funds provided more than three years ago. In
addition, EDA received $100,000,000 in Public Law 110-252 and
another $400,000,000 in Public Law 110-329 in response to
hurricanes, floods, and other natural disasters. Of these
amounts, EDA has spent only $87,462,000, leaving nearly 82
percent, or $412,279,000 unspent. EDA is directed to ensure
that these funds are expended as expeditiously as possible in a
fiscally prudent manner and inform the Committee immediately of
the reasons for the large unexpended balance in each region.
Collaboration.--The Committee encourages EDA to work with
the National Institute of Standards and Technology (NIST)
Manufacturing Extension Partnership Program (MEP), the Minority
Business Development Agency (MBDA), and the ITA to ensure that
the Commerce entities involved in job creation, manufacturing
and export programs are leveraging the resources each has to
offer to the greatest extent possible. As part of this
collaboration, the agencies are encouraged to make their
respective regional organizations aware of mutually beneficial
programs and invite representative organizations to regional
workshops or meetings as appropriate.
Planning.--The Committee provides $31,000,000 for Planning.
EDA's Planning program helps support local organizations,
including Economic Development Districts, Native American
Indian Tribes, and other eligible entities with their long-term
planning efforts, outreach to communities, and development of
Comprehensive Economic Development Strategies (CEDS). These
CEDS are designed to bring together public and private sector
stakeholders in the creation of a regional economic roadmap to
diversify and strengthen regional economies. The Committee is
aware that an evaluation of this program is underway. The
Secretary shall provide this report to the Committee upon its
completion and provide interim briefs as necessary on its
findings. In addition, the Secretary shall brief the Committee
on the review of the CEDS guidance and processes which are
being reviewed to determine better ways to communicate the
development of a CEDS.
Technical Assistance.--The Committee provides $9,800,000
for Technical Assistance. The Technical Assistance program
oversees three technical assistance programs, including the
University Center program, which is composed of 52 University
Centers in 42 States and the Commonwealth of Puerto Rico that
draw on the expertise of colleges and universities to support
job creation and economic growth in regions experiencing
economic distress. The Committee directs EDA, in consultation
with the Commerce Inspector General (IG), to submit a report on
the University Center program. This report, to be submitted by
January 27, 2012, should include a list of all participating
colleges and universities, their length of time in the program,
as well as a review of the effectiveness and results of each
program using standard evaluation tools as recommended by the
IG. This report should also provide a listing of projects and
activities to be funded with the fiscal year 2012
appropriation, to include administrative costs of each
University Center. In addition, EDA shall brief the Committee
on its work with the National Academy of Sciences to facilitate
roundtables on State and regional innovation initiatives and
their role in economic diversification. If appropriate, these
roundtables should include representatives of the MEP programs
at NIST.
Trade Adjustment Assistance.--The Committee recommends
$15,800,000 for Trade Adjustment Assistance (TAA). The
Committee understands that EDA's TAA is the only trade
adjustment assistance program that is designed to work with
U.S. manufacturers adversely impacted by international trade
agreements. The Committee is aware of concerns with respect to
administrative costs of Trade Adjustment Assistance Centers
(TAAC) and therefore directs the IG to undertake a review of
the administrative costs of the centers and provide a report to
the Committee by September 30, 2011. EDA shall also report to
the Committee on the number of, and location of, firms assisted
between fiscal year 2009 and fiscal year 2011, the results of
this investment, and the value each TAAC adds to the process.
Further, EDA, in collaboration with NIST, shall provide an
overarching strategic plan for programs that invest in training
the workforce for the manufacturing jobs of the future.
Overlap of existing economic development programs.--Earlier
this year, the GAO released a report on overlap in economic
development programs among Federal agencies, including
Commerce, the U.S. Department of Housing and Urban Development,
the Small Business Administration, and the U.S. Department of
Agriculture. In the fiscal year 2013 budget submission to the
Congress, the Secretary shall certify to the Committee and
explain how Commerce's economic development programs are unique
and provide services that are not available elsewhere in the
Federal government. Further, the GAO report was critical of
EDA's reliance on potentially incomplete sets of variables and
self-reported data to assess the effectiveness of its grant
programs. GAO also found that EDA staff only request
documentation or conduct site visits to validate the self-
reported data provided by grantees in limited instances. The
Secretary, in consultation with the GAO and Commerce IG, shall
develop a comprehensive reporting system for EDA to use in each
of its grant program areas. This reporting system should be
developed and presented in the fiscal year 2013 budget request.
Repatriation grants.--The Committee urges EDA to actively
participate in the Secretarial task force on repatriation
referenced in the Departmental Management section of this
report. In addition, this bill provides up to $5,000,000 in EDA
grants to facilitate the relocation, back to the U.S., of a
source of employment. EDA shall use its grants programs as a
resource for encouraging U.S. companies to bring their
services, manufacturing, and/or research and development
activities back to economically distressed regions in the U.S.
that have experienced declines in manufacturing or chronic
underemployment. EDA shall leverage its regional office
expertise and established program criteria with respect to
determining appropriate locations for repatriated U.S. firms.
EDA shall report to the Committee by February 1, 2012,
regarding the implementation of this program.
Innovative manufacturing loans.--The recommendation
includes language that up to $5,000,000 under this heading may
be used for Federal loan guarantees to small and medium-sized
manufacturers for the use or production of innovative
technologies as authorized by section 26 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721). The
Committee believes this program has the potential to boost
manufacturing output and create manufacturing jobs in the
United States. In implementing this program, the Committee
encourages EDA to give consideration to applicants from areas
with high rates of unemployment. The Committee expects that
such funds will come from within the amount designated in this
report for Economic Adjustment Assistance. EDA shall report to
the Committee in its fiscal year 2013 budget request regarding
the implementation of this program, to include the number of
loans provided, the amount of the loans, and the businesses
supported. EDA shall consult with the IG prior to implementing
this new program to ensure that EDA establishes appropriate
oversight protocols and meets Federal Credit Reform Act
requirements.
SALARIES AND EXPENSES
The Committee recommends $37,924,000 for EDA salaries and
expenses, which is the same as fiscal year 2011 and $2,707,000
below the request.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The Committee recommends $30,339,000 for the Minority
Business Development Agency (MBDA), which is the same as fiscal
year 2011 and $1,983,000 below the request.
Assistance for agricultural and manufacturing start-ups.--
The Committee notes that agricultural and manufacturing start-
up companies often face particular challenges that can impede
their chances of success. Therefore, the Committee directs MBDA
to focus efforts to assist agricultural and manufacturing
start-up businesses. The Committee encourages MBDA to work with
the MEP program at NIST and with ITA to see how their efforts
can be better coordinated to ensure that Commerce is able to
provide end-to-end services for start-up businesses, including
ones that are minority-owned.
Native American Business Development.--The Committee
supports the efforts of the Office of Native American Business
Development and encourages it to work more closely with the
Senior Advisor for Native American Affairs to ensure that the
business development needs of this community are intertwined
with efforts to enhance economic development and trade and
tourism for Native American tribes.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The Committee recommends $97,060,000 for the Economics and
Statistics Administration (ESA), which is the same as fiscal
year 2011 and $15,877,000 below the request.
Bureau of the Census
The Committee recommends a total of $855,348,000 for the
Bureau of the Census, which is $294,372,000 below fiscal year
2011 and $169,417,000 below the request.
SALARIES AND EXPENSES
The Committee recommends $258,506,000 for the salaries and
expenses of the Bureau of the Census, which is the same as
fiscal year 2011 and $13,548,000 below the request. The
recommendation includes requested bill language allowing funds
provided in this account to be used for promotion, outreach and
marketing activities given the successful use of these programs
in the 2010 decennial census. Census intends to apply this
authority in its monthly, quarterly, and annual surveys which
are funded in this account. The Secretary is directed to submit
a report to the Committee by April 1, 2012, regarding the use
of this new authority and any benefits that have been realized.
PERIODIC CENSUSES AND PROGRAMS
The Committee recommends a total of $596,842,000 for
periodic censuses and programs, which is $294,372,000 below
fiscal year 2011 and $155,869,000 below the request.
Data on small population groups.--The Committee encourages
the Census Bureau to ensure that reliable information about
small population groups is collected and published and directs
the Bureau to report back to the Committee within 90 days of
enactment of this Act describing the steps it will take to
ensure the availability and accuracy of these data.
Best practices.--The Committee encourages the Bureau to
develop and share its best practices and methods for outreach
to hard-to-count communities with other Federal agencies and
State and local governments that may benefit from this
expertise.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The Committee recommends $40,568,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA), which is the same as fiscal year 2011
and $15,259,000 below the request.
Public Safety Broadband Network.--NTIA requested
$1,400,000,000 in mandatory appropriations in fiscal year 2012,
with the goal of establishing a $7,000,000,000 program over the
next five years for a Public Safety Broadband Network. This
funding is dependent on legislation being enacted to authorize
incentive auctions that would reallocate Federal agency and
commercial spectrum bands over the next ten years.
Broadband Technology Opportunities Program.--The
recommendation includes $19,988,000 in funding for
administration expenses for the Broadband Technology
Opportunities Program (BTOP) authorized in the American
Recovery and Reinvestment Act. With the funds provided, NTIA
will conduct oversight and monitoring, grant evaluation, and
impact assessments. NTIA is directed to continue providing
quarterly reports on BTOP and the State Broadband Data and
Development Program. NTIA is directed to report to the
Committee by December 12, 2011, regarding BTOP grants that have
been returned. NTIA shall include with this a report on
unobligated and unexpended balances.
Spectrum interference issues.--The Committee is aware that
NTIA and the Federal Communications Commission (FCC) are in the
midst of a regulatory process with respect to the Global
Positioning System and that a technical working group is
reviewing potential interference issues. NTIA is directed to
report to the Committee following completion of the technical
working group activities, but no later than August 1, 2011,
regarding the discoveries of this technical working group and
the scientific steps necessary to address any potential
interference concerns.
Spectrum management.--According to an April 2011 GAO
report, a spectrum management plan issued by NTIA in 2008 does
not identify government-wide spectrum needs and does not
contain key elements and best practices of strategic planning.
One of the limitations that GAO found was that NTIA depends on
agency self-evaluation of spectrum needs and focuses on
interference mitigation, with limited emphasis on government-
wide spectrum management. Lacking a strategic vision, NTIA
cannot ensure that spectrum is being used efficiently by
Federal agencies. GAO also found that NTIA's data management
system is antiquated and lacks internal controls to ensure the
accuracy of agency-reported data, making it unclear if
decisions about Federal spectrum use are based on reliable
data. To address these concerns, NTIA, in consultation with the
FCC, GAO and the Commerce IG, shall submit a report to the
Committee by December 1, 2011, that updates its strategic plan,
examines the assignment review processes to determine if the
current approach can be improved, and establishes internal
controls to ensure the accuracy of agency-reported data.
Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The Committee recommends $2,706,313,000, the requested
funding level, for the Patent and Trademark Office (PTO). The
Congressional Budget Office (CBO) has re-estimated the fee
collections to be $2,678,000,000. Of this amount, the CBO
estimates $2,387,000,000 to be collected under the current fee
structure and an additional $291,000,000 to be generated by an
interim surcharge on patent fees, as provided in this bill. The
spending authority provided by this bill represents an increase
of $588,000,000, or 28 percent, above fiscal year 2011. The
recommendation also includes language making available any
excess fee collections above the President's request. All
additional fees collected by the PTO during the current fiscal
year above what is appropriated in this bill should be
available for use only by the PTO.
Projected fee collections.--A December 2010, Department of
Commerce IG report, Stronger Management Controls Needed over
USPTO's Projection of Patent Fee Collections, found that for
fiscal years 2006 through 2009, PTO experienced significant
disparities between projected and actual patent fee
collections; these ranged from shortfalls of about $56.6
million in fiscal year 2006 to $171 million in fiscal year
2009. Further, the IG found that PTO does not have clear
guidance or a disciplined, documented process for forecasting
patent fee collections. According to the IG, PTO officials
reported that keeping the overall process of developing
projections ``fluid'' is the reason that a deliberate decision
was made not to have mandated guidance or documentation. As a
result, the IG reported that stakeholders may not have clear
expectations of what the agency will be able to fund because
the differences between the estimated and actual patent fee
collections have fluctuated considerably. The IG also noted
that while the aggregate differences between projections and
collections appear to be within a generally acceptable margin
of forecasting error, such data actually mask much greater
differences for individual fees (PTO collects some 300
different fees.) According to the IG, PTO has repeatedly over-
and underestimated the amount of specific patent fees that it
will collect in a given year, sometimes by as much as 20 to 50
percent. These differences mask discrepancies of tens of
millions of dollars annually for certain fees. During the time
of the IG review, the patent application backlog grew from
701,000 to nearly 736,000. Similarly, the amount of time it
took to reach a decision on a patent application grew between
fiscal year 2006 and fiscal year 2009 from about 31 months to
about 35 months. The IG recommended that PTO implement the
following actions: (1) the PTO Chief Financial Officer (CFO)
should establish and implement written policies and procedures
for developing fee-collection forecasts; (2) the CFO should
annually report on the variances between projected and actual
patent fee collections, including their causes and any noted
trends; and (3) the Commissioner for Patents should establish
and implement written policies and procedures for the patent
production model. The Committee concurs with these
recommendations and directs PTO to begin implementing them
immediately and provide a report by September 7, 2011,
outlining timeframes and steps that the PTO will take to comply
with these recommendations. In addition, the Committee directs
PTO to continue to provide quarterly reports on its projected
fee collections.
Backlog grows as funding doubles.--The Committee notes that
PTO's budget authority has nearly doubled from about $1 billion
in fiscal year 2001 to more than $2 billion in fiscal year 2010
and its staff has grown by 48 percent, from about 6,500
personnel in fiscal year 2001 to about 9,500 in fiscal year
2010. However, during this time of extraordinary increases in
both funding and personnel, the backlog grew from about 344,369
applications and 25 months for final action pendency to about
708,535 applications with final action pendency dragging out to
more than 35 months. PTO examiners have become less efficient
during this time as well, with the number of examinations in
2001 at about 89 per examiner, whereas in fiscal year 2010
examiners were reviewing on average about 81 patents per
examiner. This number had dropped to a low of about 72 in 2008.
The Committee directs the PTO to submit a personnel plan
showing the growth in the number of patent examiners over the
last 5 years, as well as the number that PTO expects to hire
over the next 5 years. This report should also show the
estimated attrition rates for each of these years as well. In
addition, this report should also provide a breakout between
the number of examiners, supervisor examiners, and other
examiners who do not perform any role with respect to patent
examination. This report shall be submitted by November 1,
2011.
Carryover funds.--The Committee is concerned that the PTO
has established an operating reserve whereby it intends to
carry over funds from one fiscal year to the next as a
``cushion.'' For fiscal year 2012, PTO has proposed an
operating reserve to help the agency maintain its pace of
activities in years when fee collections diminish or fall below
projections or during years of planned spending above
collections. While some level of carryover may be advisable,
the PTO is proposing to have an operating reserve of
$342,470,000 at the end of fiscal year 2012. The Committee
believes that given the backlog and pendency rates, holding
nearly 13 percent of its budget as a reserve into the next
fiscal year is not a good management practice for an agency
that is so far behind in whittling down its workload.
Accordingly, the PTO, in consultation with the Secretary of
Commerce, is directed to propose in its fiscal year 2013 budget
submission an exhibit stating specifically what the PTO intends
to fund using carryover balances.
Quality metrics/quality index reporting.--The Committee is
aware that PTO has received feedback that its quality measures
do not accurately measure the quality of patents issued by the
PTO or the quality of the PTO's examination process. Feedback
suggests that some measures taken to improve the quality of the
patents the PTO issues have resulted in prolonging the
prosecution of applications. To address this issue, PTO created
a Quality Task Force. PTO is directed to provide a report to
the Committee by October 17, 2011, with a status report on
efforts of the Quality Task Force to improve its patent quality
measurement programs. This report should include a list of
participants on the task force and their goals for implementing
ways to improve the quality of the patent examination process
without increasing pendency rates.
Management costs growing as a proportion of total
funding.--PTO reported that its management-related costs in
fiscal year 2010 were $457,677,000 and in fiscal year 2012 it
is proposing to spend $617,023,000 on management, a 35 percent
increase in two years. While the biggest portion of this
funding is for information technology needs, the Committee
notes that the budget for Executive Direction and
Communications has doubled between fiscal years 2010 and 2012
from $3,983,000 and 34 positions to $6,524,000 and 55
positions. At the same time miscellaneous expenses have grown
from $193,104,000 in fiscal year 2010 to $241,305,000 in fiscal
year 2012, a $48,201,000, or 25 percent increase in just two
years. PTO reports that expenses captured under this program
include rent, utilities, post retirement benefits and other
expenses. PTO is directed to provide a table showing actual
costs for each activity or item funded in the Management
Program line from fiscal year 2009 through fiscal year 2011 and
the estimated expenses in fiscal year 2012.
Economic security.--By statute, patent applications are
published no earlier than 18 months after the filing date, but
it takes an average of about three years for a patent
application to be processed. This period of time between
publication and patent award provides worldwide access to the
information included in those applications. In some
circumstances, this information allows competitors to design
around U.S. technologies and seize markets before the U.S.
inventor is able to raise financing and secure a market. In
order to promote U.S. economic security and protect inventors'
intellectual property rights, the Committee directs the PTO to
study its patent publishing process and consider the
alternative of publishing only the patent abstract instead of
the entire application. The PTO shall report to the Committee
on this effort within 30 days of enactment of this Act.
Information technology.--PTO shall submit a report to the
Committee within 30 days of enactment of this Act providing a
spending plan as well as the projected estimate of spending for
each of the next three fiscal years on the End-to-End
information technology program which will enable certain PTO
information technology programs to communicate and provide a
faster and more reliable way for examiners to quickly search a
myriad of databases during the patent approval process. The
Committee is concerned that the PTO is diverting funds away
from this long-overdue information technology investment and
directs PTO to provide a report on the status of PTO's existing
information technology systems, to include personal computers,
and the plans for providing for regular technology refresh of
this equipment; and the estimated yearly costs of deploying and
maintaining the Patent End-to-End program. This report should
also include a list of systems that the PTO intends to retire
as End-to-End is deployed, and the savings associated with
retiring them. This report should be submitted to the Committee
by December 1, 2011.
Patents granted to small entities.--As part of its annual
reports on various patent statistics, the PTO is directed to
publish annual data on the share of U.S. patents granted to
small entities.
National security concerns.--The Committee has had
discussions with PTO with respect to the need to update its
security procedures for patent applications that have national
security implications. PTO, in consultation with appropriate
agencies, shall develop updated criteria to evaluate the
national security applications of patentable technologies. In
addition, PTO is directed to evaluate and update its procedures
with respect to its review of applications for foreign filing
licenses that could potentially impact economic security. PTO
shall report to the Committee by January 15, 2012, on these
matters.
Telework.--The Committee appreciates the work of PTO in
implementing telework programs. According to the PTO, at the
end of the first quarter of 2011, about 6,119 of the 7,396
persons in eligible positions are teleworking. The telework
program has enabled PTO to hire new employees without securing
additional office space or additional parking facilities, with
PTO estimating that it has saved $19 million annually in
additional leased office space. PTO reports that teleworking
also provides the PTO with the ability to continue some
everyday business operations during an emergency beyond those
defined in the Continuity of Operations (COOP) plan.
Teleworking has positively impacted resignation rates, with
survey respondents in both the trademark and patent divisions
reporting that this program had positively impacted their
willingness to extend their years of service with the PTO. Some
respondents also noted that they used less sick time as a
result of this program. Clearly, the PTO telework program is
working and the Committee encourages the PTO to continue
efforts to ensure that eligible employees can participate in
this valuable program.
Establishment of satellite offices.--The Committee supports
PTO's efforts to establish a satellite office in Detroit,
Michigan, and directs the PTO to report on progress in
establishing this office. The Committee expects that this
facility will function as a telework center where patent
applicants from around the country can meet with PTO examiners
at the Detroit satellite office instead of having to travel to
PTO headquarters. If PTO has available resources and the need
to open additional satellite offices, it shall report to the
Committee regarding the feasibility, costs, and options of
establishing other such offices, especially in geographic areas
with large numbers of applicants.
Promoting stories of inventors.--The Committee understands
that PTO is developing educational materials for use in
schools, with these materials highlighting the accomplishments
of inventors and the advances realized as a result of
inventions. These educational materials are to be designed with
the goal of encouraging children to explore educational
opportunities in math, science, and technology. The Committee
encourages PTO to coordinate this effort with the National
Science Foundation and other government and non-government
entities with expertise in science education and expects PTO to
report on resources used for this effort and results achieved.
Reprogramming and spending plan.--The recommendation
includes new bill language making available fee collections
above the appropriated funding level, and requiring PTO to
follow the reprogramming procedures outlined in section 505 of
this Act before using such excess fee collections. In addition,
the spending plan required by section 537 of this Act shall
include, for PTO, all carryover balances and recoveries from
previous fiscal years.
National Institute of Standards and Technology
The Committee recommendation includes $700,808,000 for
NIST, which is $49,289,000 below fiscal year 2011 and
$300,322,000 below the request.
Public Safety Innovation Fund.--NIST requested $100,000,000
in mandatory appropriations in fiscal year 2012 for a Public
Safety Innovation Fund. However, this funding is dependent on
legislation being enacted to authorize incentive auctions that
would reallocate Federal agency and commercial spectrum bands
over the next ten years.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The Committee recommendation includes $516,984,000 for
NIST's scientific and technical core programs, which is
$10,000,000 above fiscal year 2011 and $161,959,000 below the
request. The recommendation provides funding above the current
year for NIST's laboratory initiatives that support core
measurements and standards programs that are critical for
innovation, competitiveness, and economic growth. NIST's unique
contribution is the development of physical science solutions
to overcome barriers to innovation. Within available funding,
the Committee encourages NIST to give priority to supporting
measurement science, tools, and standards necessary for the
development and manufacture of new products and services based
on innovative materials, and to NIST's Postdoctoral Research
Associates Program.
NIST is encouraged to consider supporting armchair quantum
wire research for applications in long-distance electricity
transmission and wiring, and continuing standards and
measurement work in regenerative medicine technologies. In
addition, the Committee supports NIST's Public Safety
Communications Research Project and encourages NIST to continue
this important program.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $128,443,000 for Industrial
Technology Services, which is $44,810,000 below fiscal year
2011 and $109,179,000 below the request. The recommendation
does not include funding for the Technology Innovation Program,
the Baldrige Performance Excellence Program, and the Advanced
Manufacturing Technology Consortia Program. The Committee
recommends $128,443,000 for the Manufacturing Extension
Partnership (MEP) program, which is the same as fiscal year
2011 and $14,173,000 below the request.
Manufacturing Extension Partnership Program.--The Committee
commends NIST for its efforts, via the MEP program, to develop
the National Innovation Marketplace (NIM). This internet-based
effort is designed to facilitate partnerships among original
equipment manufacturers, parts suppliers, inventors,
distributors, and investors. NIM is aimed at helping both new
and existing manufacturing companies to innovate their
processes, create additional jobs, develop new products, and
locate new customers and market opportunities. The Committee
believes that the NIM has the potential to serve as a highly
effective tool for helping to revitalize U.S. manufacturing, by
helping to bring new inventions to market, enabling
manufacturers to more easily locate both component parts
suppliers and new customers, and expanding U.S. manufacturing
activity generally.
The Committee directs that, of the funding provided for the
MEP program for fiscal year 2012, not less than $2,500,000
shall be devoted toward continuing and expanding NIST's efforts
with regard to the NIM, including: (1) further developing and
refining the web-based tools and functionality of the National
Innovation Marketplace, along with updating content and
populating additional participant information onto the NIM Web
site; (2) expanding efforts to promote the National Innovation
Marketplace among potential users, including by helping to
showcase the business capabilities of MEP/NIM clients; and (3)
expanding the training of MEP center and partner staff to
enable them to assist manufacturing clients and other
participants in utilizing the National Innovation Marketplace
to ensure that companies find and develop new growth
opportunities and process improvements and establish the
marketing and distribution mechanisms to quickly transition new
products into the marketplace.
MEP matching requirements.--The Committee is concerned that
the Department of Commerce has not established criteria by
which it could develop specific cost-shares for the MEP
program. In a recent report (GAO-11-437R), GAO identified
factors that could be taken into account in considering changes
to the current MEP cost-share structure. The Committee directs
the Secretary of Commerce to use the key factors and other
findings identified by GAO in its cost-share report to draft
criteria for establishing specific cost-shares for the MEP
program. Within 90 days of the date of enactment of this Act,
the Secretary shall submit to the Committee a proposed set of
cost-share criteria for the MEP program.
Repatriation of manufacturing.--The Committee wishes to
emphasize the urgent need to revitalize the Nation's
manufacturing base, including the need to reverse the trend
toward offshoring U.S. manufacturing activities. The Committee
encourages NIST, through the MEP and in concert with
repatriation efforts noted elsewhere in this report, to focus
efforts on re-shoring manufacturing, including by developing a
suite of tools and services as appropriate that MEP centers can
use to identify U.S.-based suppliers for original equipment
manufacturers that have off-shored production.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommends $55,381,000 for NIST construction,
which is $14,479,000 below fiscal year 2011 and $29,184,000
below the request.
Boulder Building 1 renovation.--Of the amounts provided,
$25,381,000 is provided as requested for continued renovation
activities at the Boulder, Colorado, facility. Funding will
support interior renovations of Wings 3, 5, and a portion of
Wing 6. NIST is directed to provide an update on the status of
the Boulder renovations by November 14, 2011.
Safety, Capacity, Maintenance, and Major Repairs.--The
remaining $30,000,000 in construction funds are provided for
Safety, Capacity, Maintenance, and Major Repairs.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $4,533,052,000 in
discretionary funds for the National Oceanic and Atmospheric
Administration (NOAA), which is $54,981,000 below fiscal year
2011 and $952,682,000 below the request. The recommendation
does not include funding as proposed to establish a Climate
Service within NOAA. The recommendation instead funds NOAA
programs in accordance with the current organizational
structure. It is the Committee's intention that no funds shall
be used to create a Climate Service at NOAA.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommendation includes a total program level
of $2,848,130,000 under this account for the coastal,
fisheries, marine, weather, satellite and other programs of
NOAA. This total funding level includes $2,775,930,000 in
direct appropriations, a transfer of $66,200,000 from balances
in the ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'' account and $6,000,000
derived from recoveries of prior year obligations. The direct
appropriation of $2,775,930,000 is $403,581,000 below fiscal
year 2011 and $601,677,000 below the request.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act. Each of the following tables for NOAA accounts and line
offices include ``Administrative Efficiency Initiative'' lines
which include amounts proposed for reduction in the fiscal year
2012 budget.
National Ocean Service.--The recommendation provides
$385,510,000 for National Ocean Service (NOS) operations,
research and facilities.
Navigation Services.--The Committee provides $148,289,000
for navigation services. Of this amount, $91,617,000 is
provided for mapping and charting activities, which is the same
as the fiscal year 2011 level for these important life and
safety programs.
Response and Restoration.--The Committee is aware that thus
far NOAA has received $18,500,000 from BP for ongoing
activities related to the Deepwater Horizon oil spill in the
Gulf of Mexico. In addition, NOAA, as part of the settlement
reached with BP, is going to receive $100,000,000 for work
related to the Deepwater Horizon oil spill. These funds are for
restoration, planning, implementation, and monitoring. NOAA is
scheduled to receive an additional $150,000,000 for state-led
projects to be selected by NOAA from proposals submitted by the
States related to this oil spill. The Committee is also aware
that the Department of the Interior is expected to receive
$150,000,000 and that the State Natural Resources Trustees
involved in the BP settlement (Florida, Alabama, Mississippi,
Louisiana, and Texas) are also slated to receive $100,000,000
each from BP. NOAA is directed to provide a report to the
Committee by December 1, 2011, describing its activities
related to the disaster and a spending plan for the
$250,000,000 it expects to receive from BP to implement
restoration projects in the Gulf.
Gulf of Mexico Disaster Response Center.--The Committee
directs NOAA to provide it a report by September 1, 2011, on
the status of the Gulf of Mexico Disaster Response Center and
efforts to make it operational.
National Marine Fisheries Service.--The Committee
recommends $710,603,000 for the National Marine Fisheries
Service (NMFS) operations, research and facilities.
National Catch Share Program.--The Committee recommends
$21,956,000 for the catch shares program, which is $21,956,000
below fiscal year 2011 and $32,046,000 below the request. Given
limited funding and ongoing concerns with this program, the
Committee recommends a more modest investment in this program.
The Committee directs GAO to review the NOAA catch share
program and provide an assessment of its implementation and
impacts on the fisheries where it has been instituted as part
of the overall fishery management program for a given fishery.
This report, to be submitted to the Committee by January 23,
2012, shall also include an assessment regarding any
consolidation that has occurred as a result of implementing
catch shares programs. GAO is directed to consult with the
Committee prior to beginning this effort.
Stock Assessments.--The Committee recommendation for stock
assessments is $63,764,000, which is an increase of $10,371,000
above fiscal year 2011 levels and $3,356,000 below the request.
The Committee notes that lack of accurate, up-to-date data for
numerous economically vital fisheries has caused significant
problems as NMFS works to implement provisions that were
incorporated into the Magnuson-Stevenson Act (MSA) in 2006.
NMFS has proceeded to implement these provisions, particularly
as they relate to setting annual catch limits on all fisheries,
in a manner that ignores profound shortfalls in requisite data.
More robust stock assessments, based on more frequent surveys,
are vitally important to improve management of our marine
fisheries and meet the requirements of the MSA. The Committee
supports targeting and prioritizing stock survey funds to
address critical data gaps in fisheries that have suffered
dramatically from inadequate data gathering. Additionally, the
Committee supports the further utilization of fishery
independent data collection efforts and encourages NMFS to take
advantage of existing non-Federal resources that are capable of
providing timely and reliable data to improve stock assessments
of critical fisheries. As such, the recommendation includes
$7,035,000 for cooperative research programs, which is
$3,015,000 below fiscal year 2011 levels and $204,000 below the
request.
Salmon Management Activities.--The Committee recommends
$34,451,000 for salmon management activities. Within this
amount, an increase of $10,000,000 is provided above the
request to allow hatcheries to be reformed according to the
recommendations of the Hatchery Scientific Review Group.
Genetic Stock Identification.--Within the amounts provided,
NOAA is encouraged to continue research through a competitive
grants process on genetic stock identification programs for
West Coast salmon. Genetic stock identification programs
improve salmon management and avoid harvest of weak salmon
stocks by identifying movement and location of individual
stocks.
Enforcement and Observers Training.--The Committee
recommends $105,747,000 for Enforcement and Observers Training,
which is the same as the fiscal year 2011 level and $460,000
below the request. The Committee provides this level of funding
in response to the recent IG investigation into NMFS
enforcement activities. The IG is directed to provide an update
to the Committee by December 12, 2011, regarding implementation
of recommendations from the IG's 2010 review of NOAA's
Fisheries Enforcement Asset Forfeiture Fund.
National Research Council Review.--The Committee is aware
of a June 23, 2011, letter from the House Resources and
Agriculture Committees and the House Appropriations
Subcommittee on Interior, Environment, and Related Agencies, to
the Departments of Commerce, Interior, Agriculture and the
Environmental Protection Agency (EPA) that addresses the scope
of the National Research Council's (NRC) review of scientific
methods and assumptions and economic impacts associated with
Federal Endangered Species Act biological opinions for
pesticides registered by EPA under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA),.
The Committee understands that the National Oceanic and
Atmospheric Administration is working with the NRC on this
review and expects that the NRC will address the issues
outlined in the letter referenced above.
Oceanic and Atmospheric Research.--The Committee recommends
$288,667,000 for Oceanic and Atmospheric Research (OAR)
operations, research, and facilities.
Competitive Climate Research Program.--The Committee
recommends $106,044,000 for OAR's competitive climate research
program. The Committee includes funding for these activities in
OAR and not in the Climate Service as requested. The Committee
notes the importance of extramural research to support NOAA's
core scientific mission.
Exploration and Education Activities.--The Committee
supports ocean exploration and related educational programs and
urges NOAA to continue working with private sector partners and
the educational community to ensure that critical programs are
continued to the degree possible given funding constraints.
Tornado and Severe Storm Research.--The recommendation
includes $10,037,000, the full amount requested, for tornado
and severe storm research and phased array radar. The Committee
encourages NOAA to increase tornado research and warning
infrastructure for tornadic storms which support rapid response
of state-of-the-art science, analysis of data, and additional
graduate research training.
Iron fertilization.--The Committee included a reporting
requirement in the statement accompanying Public Law 111-117
directing NOAA to provide a report on the potential of ocean
fertilization for climate change mitigation. The Committee
directs NOAA to continue efforts in this area to address key
scientific questions regarding the potential impacts of iron
fertilization on the oceans; this effort should be coordinated
with other Federal agencies, academia, and the private sector,
as appropriate. The Committee directs NOAA to submit a report
to the Committee within 90 days of enactment of this
legislation that outlines findings in this area.
National Weather Service.--The Committee recommends
$908,018,000 for National Weather Service (NWS) operations,
research and facilities, which is $36,436,000 above the enacted
level and $11,230,000 above the request. Within NOAA, the
Committee recommendation prioritizes funding for these core
life and safety programs.
Tsunami funding.--The recommendation includes $41,554,000
for tsunami warnings, forecasts, and research, which is
$1,055,000 above the fiscal year 2011 level and the same as the
budget request. This amount includes $23,541,000 for the NWS
Strengthen U.S. Tsunami Warning Program; $4,113,000 in the NWS,
Local Warnings and Forecasts line (TWCs/ITIC); $900,000 in
OAR's Pacific Marine Environmental Laboratory base funding for
tsunami research and development activities; and $13,000,000
remaining from the funds provided in section 3010, National
Alert and Tsunami Warning Program of Public Law 109-171, the
Deficit Reduction Act.
Tsunami preparedness.--Following the earthquake and
devastating tsunami that struck Japan earlier this year, the
Committee urged NOAA to hold a tsunami preparedness summit for
communities on the East Coast, the Gulf of Mexico, and the
Caribbean. This conference, held in June 2011, included
Federal, State, and local stakeholders and was designed to
ensure that communities in these regions have access to
tsunami-related information, lessons learned, and best
practices. The Committee urges NOAA to continue its efforts to
work with coastal communities in these areas to improve
awareness of tsunami outreach and education activities,
detection and warning services, and response and mitigation
programs. The Committee expects NOAA to hold a subsequent
conference for West Coast coastal communities. An important
part of NOAA's tsunami programs is its Deep Ocean Assessment
and Reporting of Tsunamis (DART) network. This network consists
of 39 buoys, deployed in the north, northeast, and western
portions of the Pacific Ocean, the Atlantic Ocean, and the Gulf
of Mexico, that measure wave height. The Committee expects NOAA
to repair any DART stations that are not currently operational
and report to the Committee no later than 30 days following
enactment of this Act regarding the status of the entire DART
network.
Caribbean tsunami education and awareness.--According to
NOAA and the GAO, both Puerto Rico and the U.S. Virgin Islands
face significant tsunami threats. The Committee is aware that
the U.S. Geological Survey operates a seismic network
surrounding Puerto Rico. Once an earthquake of a tsunami-
generating magnitude is detected, NOAA's Tsunami Warning Center
in Alaska issues a tsunami warning. NOAA shall provide a report
to the Committee regarding the current capabilities to predict
tsunamis and expand the TsunamiReady\TM\ program in the
Caribbean by September 7, 2011. In addition, the Committee
expects NOAA's Caribbean outreach coordinator to work with
partners in Puerto Rico and the U.S. Virgin islands to expand
their participation in NOAA's TsunamiReady\TM\ program, which
is a voluntary partnership between NOAA, State, and local
emergency management agencies. The goal of TsunamiReady\TM\ is
to create tsunami resilience in communities by better
integrating tsunami hazard preparedness into coastal community
culture and providing coastal jurisdictions with a level of
``minimal readiness'' for the tsunami hazard. There are
currently 12 recognized TsunamiReady\TM\ communities in Puerto
Rico. The Committee directs NOAA to include a section in the
current tsunami capabilities report on plans to expand the
number of TsunamiReady\TM\ communities in Puerto Rico and the
U.S. Virgin Islands.
Climate Service.--The recommendation does not include the
establishment of a climate service as proposed in the budget
request. Instead, the recommendation funds NOAA programs in
accordance with the current NOAA organizational structure.
National Environmental Satellite, Data and Information
Service.--The Committee recommends $171,636,000 for National
Environmental Satellite, Data and Information Service (NESDIS)
operations, research and facilities.
Data Centers and Information Services.--The Committee
recommends $58,919,000 for these activities, including not less
than the current level for each activity currently funded under
archive, access and assessment programs.
Program Support.--The Committee recommends $383,533,000 for
these activities.
Information technology.--The recommendation includes
$11,059,000 for information technology services. This amount is
provided to enhance the security of NOAA's critical enterprise
information technology systems. NOAA, in consultation with the
Secretary of Commerce and the IG, is directed to submit a
report to the Committee by January 23, 2012, regarding the
status of NOAA's information technology systems.
NOAA education program.--The Committee recommends
$26,884,000 for NOAA's Competitive Educational Grants and
Programs, which is $1,934,000 above fiscal year 2011. The
Committee encourages NOAA, within available funds, to expand
science, technology, engineering, and mathematics programs for
middle school youth as appropriate.
Administrative funding cap.--The recommendation continues
the cap on NOAA corporate services administrative costs. While
NOAA made some progress in including NOAA line office
administrative costs in its congressional justification
materials, the Committee desires a greater level of detail. The
Committee is concerned about the lack of transparency and
visibility of all administrative costs incurred by NOAA's
corporate staff and line offices, including regional and field
offices. The Committee is particularly concerned that the non-
visible administrative cost components may be increasing more
rapidly than the directly visible corporate services
appropriation enacted to pay for NOAA corporate administrative
costs. For example, NOAA has continued to assess line office
programs for a portion of their corporate administrative costs
through a ``direct billing'' process that is not visible to the
Committee.
To address these concerns, the Committee continues the cap
on NOAA corporate services at $214,874,000, which includes
$10,000,000 for NOAA facilities. This cap limits the amount of
ORF funds that can be used for administrative costs incurred by
NOAA's corporate operations. Although the NOAA line offices
also incur administrative costs at the field offices and
financial management centers (FMCs) that execute their
programs, the Committee is not including these costs in the
administrative cost cap. Instead, the Committee directs NOAA to
provide a report within 90 days of enactment of this Act that
identifies total NOAA administrative costs for each of fiscal
years 2009 through 2012, including NOAA corporate staff and
each line office, and each financial management center
including the Office of Marine and Aircraft Operations. The
report shall also identify the administrative costs incurred by
these organizational entities, as well as the field offices and
FMCs, for standard administrative functions. Similar tables
shall be included in all subsequent NOAA annual budget
justifications provided to Congress. NOAA shall consult with
the Committee prior to beginning this effort.
Research and development tracking and outcomes.--The
Committee continues its direction that NOAA track the division
of research and development funds between intramural and
extramural research, and assure consistency and clarity in the
collection and reporting of data. NOAA is directed to state
clearly its expected research outcomes and available funding in
order to provide transparency into the competitive grant
process for extramural researchers. The Committee further
directs NOAA to continue to increase extramural research
funding in future requests to build broad community support and
leverage external funding for mission-oriented research.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The Committee recommendation includes a total program level
of $1,709,772,000 in direct obligations under this heading, of
which $1,702,772,000 is appropriated from the general fund and
$7,000,000 is derived from recoveries of prior year
obligations. The direct appropriation is $370,090,000 above
fiscal year 2011 and $350,005,000 below the request. The
following narrative descriptions and tables identify the
specific activities and funding levels included in this Act:
National Weather Service (NWS).--The Committee recommends
$94,917,000 for NWS systems acquisitions and construction,
which is $1,982,000 below fiscal year 2011 and $3,727,000 above
the request.
Weather and Climate Supercomputing.--The recommendation
includes $40,169,000 for Weather and Climate Supercomputing,
which is $11,058,000 above fiscal year 2011 and the same as the
request. This funding will support ongoing Hurricane Forecast
Improvement Project modeling and continue regular improvements
to numerical prediction modeling.
National Environmental Satellite, Data and Information
Service.--The recommendation includes $1,592,777,000 for
National Environmental Satellite, Data and Information Service
(NESDIS) acquisition and construction. This amount is
$334,355,000 above fiscal year 2011 and $304,759,000 below the
request.
Geostationary Operational Environmental Satellite-R
Series.--The Committee recommends $567,390,000 for
Geostationary Operational Environmental Satellite-R (GOES-R),
which is $94,983,000 below fiscal year 2011 and $50,000,000
below the request.
Joint Polar Satellite System.--The Committee recommends
$901,346,000 for the Joint Polar Satellite System (JPSS)
program, which is $429,446,000 above the fiscal year 2011 level
and $168,654,000 below the request. NOAA shall comply with
language in section 105 of the accompanying bill updating a
reporting requirement on cost and schedule of satellite
programs, including a breach reporting requirement.
JPSS contract transition delays.--According to the Commerce
IG, significant contractual issues have hampered the JPSS
program from moving forward, including the fact that some of
the JPSS instruments were still being manufactured under the
old National Polar-orbiting Operational Environmental Satellite
System (NPOESS) program contract, and one of the instruments
currently remains under the NPOESS contract. NOAA is directed
to work with the Air Force and other parties to expeditiously
transfer the remaining contract for instrument development to
NASA and NOAA, as appropriate.
JPSS Program Director and Deputy Director.--Filling these
key management positions is crucial to the success of the
program. NOAA is directed to provide an update to the Committee
regarding efforts to fill these positions with qualified
personnel.
Quarterly satellite briefings.--The Committee began holding
quarterly satellite briefings with NOAA in March 2011. The
Committee finds these briefings useful and directs NOAA to
continue providing these updates to the Committee regarding the
JPSS program and NOAA's other major system acquisition
programs.
Fiscal year 2012 spending plan.--NOAA is directed to
provide to the Committee a spending plan for the JPSS program
for fiscal year 2012 within 30 days of enactment of this Act.
This detailed spending plan should include the name of the
effort; the location of the work; fiscal year funding for each
effort; and the number of contractor and government personnel.
This report should also include a program status update.
COSMIC 2.--While the Committee supports NOAA's efforts to
establish a radio occultation satellite constellation in
partnership with Taiwan, the recommendation does not include
any funding for the COSMIC 2 program given funding constraints
and the need to fund other higher priority NOAA satellite
programs. The Committee directs NOAA to conduct an analysis of
alternatives to obtain similar data and measurements and report
back to the Committee within 90 days of enactment of this bill.
This report should also include estimated outyear costs for the
COSMIC 2 program.
PACIFIC COASTAL SALMON RECOVERY
The Committee provides $65,000,000 for Pacific Coastal
Salmon Recovery, which is $14,840,000 below fiscal year 2011
and the same as the request.
In addition, the accompanying bill includes language as
requested that requires all funds be allocated based on
scientific and merit principles and prohibits the availability
of funds for marketing activities.
FISHERMEN'S CONTINGENCY FUND
The Fishermen's Contingency Fund is authorized under
Section 402 of Title IV of the Outer Continental Shelf Lands
Act Amendments of 1978. The Committee recommends $350,000,
which is $350,000 above fiscal year 2011 and the same as the
request, for the Fishermen's Contingency Fund, to compensate
U.S. commercial fishermen for damage or loss caused by
obstructions related to oil and gas exploration. The funds used
to provide this compensation are derived from fees collected by
the Secretary of the Interior.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends language under this heading
limiting obligations of direct loans to $24,000,000 for
Individual Fishing Quota loans and $59,000,000 for traditional
direct loans. NOAA is directed to provide a report to the
Committee by January 1, 2012, providing the current status of
loans under this program. NOAA shall consult with the Committee
prior to beginning this effort.
Departmental Management
SALARIES AND EXPENSES
The Committee recommendation includes $57,884,000 for
Departmental Management, which is the same as fiscal year 2011
and $6,987,000 below the request.
Cybersecurity.--The Committee supports the efforts of the
Department of Commerce to establish a new Enterprise
Cybersecurity Monitoring and Operations program. The Committee
expects that each Commerce bureau funded in this bill will
contribute a pro-rated amount to the Department of Commerce
through the Working Capital Fund in order to establish this
center. The Committee expects that this activity shall be
coordinated with input from the Departmental Chief Information
Officer (CIO) and CIOs throughout the Department. The
Department is directed to submit a spending plan to the
Committee within 60 days of enactment of this legislation
indicating the source of funds from each agency. The Committee
believes that the amount of funds should be commensurate with
the risks and vulnerabilities that pertain to each bureau's
information technology systems. In addition, appropriate
personnel within each bureau should receive a briefing from the
National Cyber Investigative Joint Task Force within 30 days of
enactment of this legislation so that they are aware of past
and current intrusions into the Department of Commerce
information systems.
Cyber-espionage.--The Committee directs that funds made
available to the Department of Commerce in this Act or any
other Act shall not be used to acquire information technology
or an information system unless the Secretary of Commerce has
determined that such technology or system presents a low risk
of cyber-espionage or sabotage, and has not been produced by an
entity that raises a serious supply chain security concern. The
Secretary shall report to the Committee on all such
determinations, and the process used to arrive at such
determinations, by January 15, 2012.
Repatriation task force.--The recommendation includes
language directing the Secretary of Commerce, in concert with
appropriate agencies within the Department of Commerce,
including ITA, EDA, and NIST, to establish a task force to
examine incentives and other activities needed to encourage
U.S. companies to bring their manufacturing and research and
development activities back to the United States. The Secretary
shall also provide a report that outlines the incentive
strategies and the number of firms that the task force will
engage in this effort. As part of this effort, the Committee
encourages the Secretary to consult with the Secretary of the
Treasury and the Committee on Ways and Means to examine the
issue of providing tax credits to companies that repatriate
their operations back to the United States. The Department of
Commerce shall consult with the Committee prior to beginning
this effort and shall provide a report by February 1, 2012. In
addition, the Committee directs the Secretary to update the
2004 report, Manufacturing in America: A Comprehensive Strategy
to Address the Challenges to U.S. Manufacturers, and provide it
to the Committee by December 1, 2011.
Repatriation initiative.--The Committee is supportive of
the Administration's efforts to double U.S. exports over the
next five years. A key component of this initiative is the
repatriation of U.S. jobs that have moved abroad. Therefore,
the Committee directs the Secretary to launch a job
repatriation initiative, to include the development of a ``best
practices'' for States and local communities to use to grow
their manufacturing base. The initiative not only shall include
the expertise and resources of the economic development
agencies at the Department of Commerce, including the
International Trade Administration, the Economic Development
Administration, the Minority Business Development Agency, and
the National Institute of Standards and Technology, but also
shall be coordinated with other Federal economic development
agencies, such as the Small Business Administration. The
Secretary shall submit a report to the Committee on the
implementation of this initiative not later than 120 days after
enactment of this Act. Further, Commerce shall report to the
Committee regarding the development of an online calculator
that firms may use to determine ``hidden costs'' of offshore
manufacturing, e.g. shipping costs and other factors, so that
companies would be aware of the total cost of manufacturing
overseas.
SelectUSA.--The Committee commends the Department for its
efforts to implement the SelectUSA initiative. This initiative,
established by a recent Executive Order, is designed to: (1)
encourage foreign businesses to operate in the United States;
(2) encourage U.S. and foreign businesses to expand and grow in
the United States; and (3) encourage U.S. businesses operating
outside the United States to return their previously offshored
operations back to the United States. It is the Committee's
understanding that SelectUSA will be housed at the Commerce
Department and that in implementing this initiative, the
Department plans to: (1) provide assistance to U.S. States, at
their request, to help navigate Federal programs, including a
clear Federal point of contact to assist with investment
issues; (2) engage in advocacy and outreach to promote the
United States as the world's best market for business
operations; and (3) consolidate, in a one-stop web portal, all
information on Federal programs and services available to
companies that operate in the United States. The Committee
supports this initiative and believes it has potential for
facilitating job growth in the United States.
Cooperatives.--With more than $3 trillion in assets, over
$500 billion in total revenue, $25 billion in wages and
benefits, and nearly one million jobs, cooperatives have proven
themselves to be vital components of the nation's economy. The
Committee encourages the Department of Commerce to build on its
efforts to create opportunities for community wealth building,
workforce training, and job creation by working with national
and local stakeholders in the cooperative sphere to look at the
role that cooperatives can play in stimulating industrial and
commercial growth in economically distressed areas of the
United States.
Economic Security Commission.--The Secretary is directed to
establish an Economic Security Commission, modeled upon similar
efforts of the Reagan Administration, to advise the
Administration and the Congress on U.S. long-term strategic
competitive manufacturing challenges. The Department shall
consult with the Committee prior to beginning this effort.
National Technical Information Service.--The National
Technical Information Service (NTIS) is a self-supporting,
reimbursable program that serves as a clearinghouse for
scientific and other published reports. The Committee directs
the GAO to update its earlier reviews regarding the degree to
which information provided by NTIS is available elsewhere. This
report shall be submitted to the Committee by October 3, 2011.
Native American Affairs.--The Committee directs that within
the funds provided for Departmental Management, funds shall be
made available to the extent possible to support outreach
efforts of the Senior Advisor for Native American Affairs in
conducting regional meetings and tribal consultations that
include Indian treaty rights of fisheries and marine mammal
protection that are aimed at enhancing economic and business
development and trade and tourism for Native American tribes.
Departmental oversight.--The Committee directs the
Department to continue to develop oversight capacity of the
PTO, including the ability of Commerce to estimate and track
PTO fee collections; to avoid PTO budgetary shortfalls; and to
ensure transparency of PTO's budgeting and financial
management.
HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION
The Committee recommends $14,970,000 for continuing
renovation activities, which is the same as fiscal year 2011
and $1,180,000 below the request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $26,946,000 for the Office of the
Inspector General (IG), which is the same as fiscal year 2011
and $6,574,000 below the request. The development of the next
generation of weather and environmental satellites is a top
management risk facing the Department. Within the funding
provided, the Committee urges the IG to augment its capacity to
exercise oversight on these programs. The Committee also
expects the IG to continue its oversight work of PTO, which the
IG also listed in December 2010 as a top management challenge
facing Commerce. In addition, the IG shall report to the
Committee on a regular basis of the Department's efforts to
implement IG recommendations.
General Provisions--Department of Commerce
(INCLUDING RESCISSION)
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 for
Salaries and Expenses available for hire of passenger motor
vehicles, for services, and for uniforms and allowances as
authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requiring notification to the Committee of certain actions.
Section 104 provides that any costs incurred by the
Department in response to funding reductions shall be absorbed
within the total budgetary resources available to the
Department and shall be subject to the reprogramming
limitations set forth in this Act.
Section 105 extends Congressional notification requirements
for NOAA satellite programs.
Section 106 provides for reimbursement for services within
Department of Commerce buildings.
Section 107 clarifies that grant recipients under the
Department of Commerce may continue to deter child pornography,
copyright infringement, or any other unlawful activity over
their networks.
Section 108 provides the Administrator with the authority
to avail NOAA of needed resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
(RESCISSION)
Section 109 rescinds all balances in the Coastal Zone
Management Fund.
Section 110 establishes a fisheries enforcement asset
forfeiture fund as requested.
Section 111 establishes a sanctuaries enforcement asset
forfeiture fund as requested.
Section 112 establishes a new reporting requirement
requiring Commerce to notify the committee of any official
travel to China, and the purpose of that travel, by any
employees of the Department.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The Committee recommends $72,338,000 for Department of
Justice (DOJ), General Administration, Salaries and Expenses,
which is $45,913,000 below fiscal year 2011 and $61,887,000
below the request.
Terrorism.--Terrorism continues to represent a significant
threat to our national security, and the Department continues
to play a lead role in shaping and implementing the Nation's
counterterrorism investigation, detention, interrogation and
prosecution policies. In December 2010, the Director of
National Intelligence released an assessment that 150 former
Guantanamo detainees are confirmed or suspected of reengaging
in terrorist or insurgent activities, a 25 percent increase
over previously reported levels. The number of confirmed
recidivists increased from 27 to 81. The Committee directs the
Department to report to the Committee by January 15, 2012,
relaying the most up-to-date statistics on recidivism among
former Guantanamo detainees, and the implications of those
statistics for policies, programs and activities going forward.
In addition, the Committee is concerned that the lack of a
current policy on terrorist detention may be a disincentive to
the capture and interrogation of terrorist suspects, thereby
depriving the Department and other agencies of critical
intelligence that could inform and improve counterterrorism
efforts. The Committee directs the Department to provide to the
Committee, by November 15, 2011, an unclassified report on U.S.
detention policy, including the legal basis for such policy, as
it applies to current and future terrorism detainees.
Prison Rape Elimination Act (PREA).--The Committee is very
disappointed in the Department's failure to publish the
national standards for PREA, which by law were due to be
adopted more than one year ago. During that period more than
216,000 adults and minors have been sexually assaulted in U.S.
prisons, according to the Department's own statistics. The
Committee directs the Department of Justice to publish, as soon
as possible, a final rule adopting national standards for the
detection, prevention, reduction, and punishment of prison
rape, as mandated by the PREA, and to continue efforts to
provide assistance in the form of training, technical
assistance, and implementation grants to assist State, local,
and tribal jurisdictions in achieving compliance with the PREA
national standards. The Committee reminds DOJ that PREA makes
it clear that DOJ should assist States in ensuring that
budgetary circumstances do not compromise efforts to protect
inmates.
With respect to auditing PREA compliance, the Committee
strongly encourages the Department to follow the
recommendations of the PREA Commission. In its standards, the
Commission outlines an audit process that promotes transparency
as well as accountability. Specifically, the Commission
requires independent audits to measure compliance with its
standards at least every three years. The Committee agrees with
the Commission that the independence of the auditor is of the
utmost importance. The Committee believes that the Office of
the Inspector General would be the most credible entity within
the Department to oversee the process of selecting an auditor.
The Committee strongly encourages the Department to promulgate
a rule that acknowledges that an auditor must have unfettered
access to all parts of the facility, as well as all documents,
staff, and prisoners, and which requires agencies to publish
the auditor's report on its Web site or otherwise make it
easily available to the public. The Committee believes that
these actions will serve the critical purpose of prompting
intervention when audits show an agency struggling or failing
to prevent sexual abuse.
Additionally, the Committee concurs with the Commission's
standard that requires correctional facilities to make use of
cost-effective and appropriate monitoring technologies to aid
staff supervision by assessing, at least annually, the need for
and feasibility of incorporating additional monitoring
equipment or new technologies into correctional facilities.
Because cameras discourage prisoners and staff from engaging in
abuse, increase the number of areas that staff can monitor at
one time, and can capture misconduct or abuse on video, the
Committee expects the Department to adopt this recommendation
as well.
Obscenity enforcement.--The Committee is concerned that the
Department's incorporation of the responsibilities of the
Obscenity Prosecution Task Force into the Child Exploitation
and Obscenity Section of the Criminal Division may weaken adult
obscenity enforcement. The Task Force was designed to draw upon
the expertise of several other Criminal Division sections, such
as the Organized Crime and Racketeering Section (now known as
the Organized Crime and Gang Section), the Asset Forfeiture and
Money Laundering Section, and the Computer Crime and
Intellectual Property Section. The Committee supports the work
of the Department in investigating and prosecuting major
producers and distributors of hardcore adult pornography that
meets the test for obscenity, as defined by the Supreme Court,
and expects that the responsibilities that had been assigned to
the Task Force will not be diminished by this reorganization.
The Committee believes that targeted enforcement of adult
obscenity is necessary to protect the welfare of families and
children as traffickers in illegal adult obscenity extend their
influence through advances in technology. The Committee directs
the Department to submit a report within 90 days of the
enactment of this Act on its adult obscenity investigation and
prosecution workload statistics and accomplishments, including
a comparison of workload statistics and accomplishments during
the existence of the Obscenity Prosecution Task Force, and in
the period of time following its incorporation into the Child
Exploitation and Obscenity Section of the Criminal Division.
Explosives investigations.--The Committee notes that the
Federal Bureau of Investigation (FBI) and the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) both have
jurisdiction over explosives investigations. The Office of
Inspector General (OIG) and the Government Accountability
Office have both identified this overlapping jurisdiction as a
potential source of cost savings and efficiency if duplicative
activities were to be eliminated. In response to the OIG
report, the Acting Deputy Attorney General issued a protocol in
2010 for assigning lead agency jurisdiction in explosives
investigations, which also directed the ATF and FBI to conduct
assessments of explosives operations and make recommendations
for consolidating and eliminating redundancies. The Committee
directs the Department to submit a report within 60 days of
enactment of this Act on all recommendations made and steps
taken, or planned to be taken, to implement those
recommendations. Each action identified in the report should be
accompanied by a cost savings estimate. The Committee expects
this report to include efficiency improvements in determining
jurisdiction, explosives training, facilities, explosives labs,
and explosives databases. The report shall also be submitted
concurrently to the OIG.
Gulf Cost Claims Facility.--The Committee is aware of the
ongoing controversy regarding the payment of claims to victims
of the Deepwater Horizon oil spill under the Gulf Coast Claims
Facility (GCCF) and the Department's concerns regarding the
application of appropriate standards for the GCCF under
existing Federal law. The Committee appreciates the testimony
of the Attorney General that DOJ will do as much as it can to
make sure that the claims process works for the residents of
the Gulf Coast. To ensure that the GCCF is operating in
accordance with the letter and intent of existing law, and in a
timely, transparent and consistent manner, the Committee
directs the Department, in consultation with the Government
Accountability Office (GAO), to identify an independent auditor
to evaluate GCCF's claims determination methodologies and the
qualifications of GCCF personnel.
Legislative affairs.--The Office of Legislative Affairs
rarely provides information proactively, and its reactive
responses to requests for information are not timely. In most
circumstances, the Committee is more likely to get information
about significant DOJ issues from the media or from other
government agencies than from the Department itself. There
appears to be a policy within the Administration to withhold
information, regardless of the source of the request or its
context. When the Administration follows this path, the
Committee is forced to pursue its business without exchanging
ideas and information with the Department, and the result is
often a less favorable outcome for the Department itself.
JUSTICE INFORMATION SHARING TECHNOLOGY
The Committee recommends $44,307,000 for Justice
Information Sharing Technology, which is $15,857,000 below
fiscal year 2011 and $10,000,000 below the request.
LAW ENFORCEMENT WIRELESS COMMUNICATIONS
The Committee recommends $99,800,000 for Law Enforcement
Wireless Communications, which is the same as fiscal year 2011
and $2,951,000 below the request.
The Committee understands that until the Department
completely migrates from its legacy wideband systems to a
standards-based land mobile radio system that is digital
narrowband, secure with National Institute of Standards and
Technology-approved algorithms and which provides over-the-air
rekeying capability, the need to be backward compatible with
existing DOJ systems will continue to exist. The Committee
further understands that complicating the Department's adoption
of standards-based systems is the fact that P25 (the current
public safety voluntary, industry driven standard) is many
years in the making and still not yet complete. Within such
constraints, the Committee expects DOJ to utilize full and open
contracting and procurement procedures to the greatest extent
possible. The Committee encourages the Department to leverage
the technologies it has deployed in the national capital
region's Integrated Wireless Network as it considers future
deployments in other regions.
ADMINISTRATIVE REVIEW AND APPEALS
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $300,084,000 for the Executive
Office for Immigration Review (EOIR) and the Office of the
Pardon Attorney, which is the same as fiscal year 2011 and
$32,499,000 below the request.
Legal Orientation Program.--The Committee expects that EOIR
will continue its highly successful Legal Orientation Program
(LOP). LOP educates detained aliens about the immigration court
process, how to determine if they are eligible for immigration
relief or for an expedited removal process, and how to obtain
legal representation or represent themselves. A 2008 Vera
Institute of Justice study found that LOP participants conclude
their immigration court cases an average of 13 days sooner than
alien detainees who do not receive LOP assistance. The
Committee encourages EOIR to dedicate funds to LOP, as
necessary and available, to ensure the continuation of this
program.
DETENTION TRUSTEE
The Committee recommends $1,515,626,000 for the Office of
the Federal Detention Trustee (OFDT), which is the same as
fiscal year 2011 and $79,734,000 below the request.
The Committee is aware that OFDT's resource needs are
directly impacted by law enforcement and prosecutorial
priorities, such as increases in immigration enforcement by the
Department of Homeland Security and efforts to combat drug and
gun smuggling along the Southwest border. The Committee expects
the OFDT to keep the Committee apprised of changes in average
daily population forecasts so that resource requirements for
fiscal year 2012 can be verified and refined, particularly with
regard to impacts of law enforcement initiatives on the
Southwest border. The Committee expects the OFDT, within all
available resources, to acquire detention capacity for Federal
detainees as effectively and efficiently as possible, including
through Federal facilities, intergovernmental agreements,
private jail facilities, and the Capital Improvement Program.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $84,199,000 for the Office of
Inspector General (OIG), which is the same as fiscal year 2011
and $858,000 below the request.
The Committee recommendation includes reporting
requirements on the FBI's Sentinel program and overlap and
duplication between the FBI and ATF on explosives
investigations. Both reports will be concurrently submitted to
the OIG for review and follow-up comment to the Committee.
United States Parole Commission
SALARIES AND EXPENSES
The Committee recommends $12,833,000 for the United States
Parole Commission, which is the same as fiscal year 2011 and
$380,000 below the request.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The Committee recommends $841,767,000 for General Legal
Activities, which is $21,600,000 below fiscal year 2011 and
$113,624,000 below the request. This appropriation supports the
establishment of litigation policy, the conduct of litigation,
and other legal responsibilities of the Department of Justice
through the Office of the Solicitor General, the Tax Division,
the Criminal Division, the Civil Division, the Environment and
Natural Resources Division, the Civil Rights Division, the
Office of Legal Counsel, INTERPOL Washington and the Office of
Dispute Resolution. The Committee expects the Criminal Division
to prioritize, within available resources, prosecution of cases
in connection with the Project Safe Childhood program. The
Committee further expects INTERPOL Washington to prioritize,
within available resources, efforts to arrest fugitive sex
offenders, track convicted sex offenders that travel to foreign
countries, combat child sex tourism and locate missing and
exploited children.
Human trafficking.--The Committee recommendation includes
not less than the fiscal year 2011 funding level for the Human
Trafficking and Slavery Prosecution Unit (HTSPU) in the Civil
Rights Division to fight human trafficking and slavery.
Voting rights.--The Committee expects that the Department
will provide adequate resources to the Civil Rights Division so
that the Division may thoroughly oversee and enforce activities
with respect to the Voting Rights Act. Further, the Committee
expects that the Civil Rights Division will enforce the Voting
Rights Act, and all of the civil rights laws in its
jurisdiction, in a vigorous and evenhanded manner.
Defense of Marriage Act.--On February 23, 2011, the
Attorney General notified Congress that the President had
determined that Section 3 of the Defense of Marriage Act (DOMA)
violates the Equal Protection component of the Fifth Amendment,
and made the extraordinary announcement that the Department
would refrain from defending its constitutionality. As a
result, the Committee recommendation recognizes that resources
to support the defense of DOMA and any associated litigation
are no longer necessary under this account. Instead, the cost
burden for appropriately defending this Federal statute has
fallen to the House of Representatives.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The Committee recommends $162,844,000 for salaries and
expenses of the Antitrust Division, which is the same as fiscal
year 2011 and $3,377,000 below the request. The recommended
funding level is offset by $108,000,000 in fee collections for
a net direct appropriation of $54,844,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The Committee recommends $1,930,135,000 for the Executive
Office for United States Attorneys (EOUSA) and the 94 United
States Attorney Offices, which is the same as fiscal year 2011
and $65,014,000 below the request. The Committee expects the
U.S. Attorneys to prioritize, within available resources,
prosecution of cases in connection with the Project Safe
Childhood program.
Human trafficking.--Although great strides have been made
in combating sex trafficking and other forms of human
trafficking, DOJ can and must do a better job of investigating
and prosecuting these crimes. Human trafficking is a serious
Federal civil rights crime and the Committee believes that
combating it must be a top priority of not only DOJ, but also
of State and local governments. The Committee recommendation
includes language directing each U.S. Attorney to establish a
regional human trafficking task force. The Committee directs
such task forces to engage law enforcement, elected leadership,
civic groups and faith-based groups and to convene quarterly,
working-level meetings where Federal, State and local law
enforcement are represented. Task force meetings should focus
specifically on combating human trafficking, with an emphasis
on undertaking proactive investigations. The Committee directs
the Department to submit an annual report regarding the work of
these task forces.
In addition, the Committee directs the Department of
Justice to undertake outreach efforts in the form of public
notices, such as newspaper advertisements, in ethnic
communities in the U.S., the home countries of which represent
the top ten countries with regard to the prevalence of human
trafficking activities. These efforts shall be designed to
increase awareness of what constitutes human trafficking crimes
and provide information on how assistance can be obtained, with
the objective being the discovery and rescue of victims and the
identification and prosecution of offenders. The Committee
further directs the Department to report to the Committee
regarding such outreach efforts.
UNITED STATES TRUSTEE SYSTEM FUND
The Committee recommends $219,442,000 for the United States
Trustee Program (USTP), which is $631,000 above fiscal year
2011 and $14,673,000 below the request. The recommended funding
is fully offset by fee collections.
Debtor audits.--The Committee recommendation includes not
less than the fiscal year 2011 funding level for debtor audits.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends $2,113,000 for the Foreign Claims
Settlement Commission, which is the same as fiscal year 2011
and $11,000 below the request.
FEES AND EXPENSES OF WITNESSES
The Committee recommends $270,000,000 for fees and expenses
of witnesses who appear on behalf of the Government in cases in
which the United States is a party, which is the same as fiscal
year 2011 and the same as the request. This appropriation is
considered mandatory for scorekeeping purposes.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The Committee recommends $11,456,000 for the Community
Relations Service, which is the same as fiscal year 2011 and
$1,511,000 below the request.
ASSETS FORFEITURE FUND
The Committee recommends $20,948,000 for the Assets
Forfeiture Fund, which is the same as fiscal year 2011 and
$42,000 below the request.
United States Marshals Service
SALARIES AND EXPENSES
The Committee recommends $1,123,511,000 for the United
States Marshals Service, which is the same as fiscal year 2011
and $120,059,000 below the request. The Committee expects the
Marshals Service to prioritize, within available resources, sex
offender apprehension and the continuation of necessary
judicial protection enhancements for the Southwest border
region.
CONSTRUCTION
The Committee recommends $10,625,000 for construction and
related expenses in space controlled, occupied or utilized by
the Marshals Service for prisoner holding and related support,
which is $5,967,000 below fiscal year 2011 and $5,000,000 below
the request.
National Security Division
SALARIES AND EXPENSES
The Committee recommends $87,762,000 for the National
Security Division (NSD), which is the same as fiscal year 2011
and $120,000 below the request.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The Committee recommends $527,512,000 for Interagency Crime
and Drug Enforcement, which is the same as fiscal year 2011 and
$13,454,000 below the request.
The interagency program of the Organized Crime Drug
Enforcement Task Forces (OCDETF) focuses participants on the
mission of attacking high-level drug trafficking organizations
through coordinated, multi-jurisdictional investigations.
Southwest border.--The recommendation does not include the
requested increase in this account for Southwest border
activities, but the Committee encourages OCDETF to prioritize
within existing funds the continuation of support for Assistant
U.S. Attorney positions and collocated Strike Forces which were
initiated with supplemental funding in fiscal year 2010. OCDETF
shall submit a report showing the planned distribution of
personnel (by bureau) to each of the collocated Strike Forces.
This report shall be submitted to the Committee no later than
120 days after the enactment of this Act.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The Committee recommends $7,994,991,000 for the Salaries
and Expenses account of the Federal Bureau of Investigation
(FBI), which is $175,836,000 above fiscal year 2011 and the
same as the request.
Computer intrusions.--The recommendation includes a program
increase of $18,628,000 and 42 positions for investigative
improvements and protection of infrastructure related to
malicious cyber intrusions. Attacks against the critical
infrastructure in the United States represent a significant and
growing threat to our national and economic security. The
increase in funding will enable the FBI to proactively combat
terrorist use of the Internet, to establish 24x7 operations at
the National Cyber Investigative Joint Task Force, and to
improve the analysis of digital evidence. The Committee
understands that there are currently over 1,400 backlogged
digital forensics cases, and that the increase provided for
fiscal year 2012 is expected to address one-third of this
backlog. The Committee directs the FBI to produce an annual
national cyber threat assessment, in both classified and
unclassified versions, and submit such reports to the Committee
no later than January 15, 2012.
National security.--The recommendation includes program
increases totaling $48,870,000 and 73 positions to address
national security threats, including $10,281,000 and 44
positions to increase surveillance capabilities related to
international terrorism; $8,016,000 and 10 positions to support
an FBI-wide aggregated, investigative data management system;
$16,824,000 and 18 positions to support the High-value Detainee
Interrogation Group (HIG); $6,000,000 to improve accuracy of
data and efficiency of processing by the Terrorist Screening
Center; and $7,749,000 and one position for programs designed
to analyze and address emerging national security threats.
The Committee understands that the mission of the HIG is to
deploy the Nation's best available interrogation resources
against terrorism detainees identified as having access to
information with the greatest potential to prevent terrorist
attacks against the United States and its allies. The HIG
capability includes the deployment of mobile teams to
interrogate subjects, where the primary goal is the collection
of intelligence to prevent terrorist attacks. The Committee
supports the establishment of dedicated resources to the HIG.
The responsibilities of the HIG include the conduct of
scientific research to determine the effectiveness of current
interrogation techniques, and develop new effective, lawful
techniques. The Bureau shall submit a report to the Committee
by January 15, 2012, detailing the research activities
conducted under the auspices of the HIG, the results of such
research, and any recommendations for the development of new
techniques.
Electronic surveillance capabilities.--Changes in
communications technologies are presenting new challenges to
law enforcement's ability to access, intercept, collect and
process wire or electronic communications to which they are
lawfully authorized. The recommendation includes program
increases totaling $12,466,000 to address such challenges,
including $10,463,000 and 13 positions to establish and operate
a Domestic Communications Assistance Center, which will serve
as a hub for the management of knowledge and technical
expertise regarding lawful electronic surveillance and
facilitate the sharing of solutions among Federal, State and
local law enforcement.
Weapons of Mass Destruction (WMD)/Render Safe.--The
recommendation includes a program increase of $40,000,000 and
13 positions to address the WMD threat. This increase will
support the acquisition and refurbishment of two aircraft to
carry out the Render Safe mission.
Analytic career path training.--In order to effectively
carry out its law enforcement and national security missions,
the FBI must improve intelligence collection, analysis and
information sharing. The recommendation includes a program
increase of $2,486,000 for analytic career path training,
including specialized training in each FBI intelligence
discipline, and a mandatory 15-day intermediate training course
for intelligence analysts.
Violent crime/gangs.--The recommendation includes a program
increase of $9,000,000 and 40 positions to bolster existing
Safe Streets and Safe Trails Task Forces to combat violent
crime and gang crime. The Bureau shall submit a report to the
Committee by January 15, 2012, displaying the proposed
distribution of these additional resources.
Human trafficking.--Within funding provided, the Committee
expects the Bureau to increase activities related to the
investigation of severe forms of trafficking in persons. The
FBI shall submit a report to the Committee no later than 120
days after the enactment of this Act on agent utilization and
overall staff resources dedicated to trafficking between fiscal
years 2010 and 2012. In addition, the Committee expects the
Bureau to share trafficking case information on an ongoing
basis with other law enforcement agencies and task forces
working similar cases.
Southwest border.--The recommended funding level includes
an increase of $15,892,000 above fiscal year 2011 to continue
support for the additional positions provided in fiscal year
2010 supplemental appropriations for enhanced Southwest border
law enforcement.
Intellectual property rights (IPR) enforcement.--The
Committee expects the FBI to continue to prioritize the
investigation of intellectual property rights (IPR) cases, and
to coordinate with IPR units at the U.S. Attorneys and the
Criminal Division. The FBI shall submit a report on agent
utilization and overall staff resources dedicated to
investigating intellectual property cases, and an accounting of
the agents placed in specific field offices since fiscal year
2010. The report shall be submitted to the Committee no later
than 120 days after the enactment of this Act.
Sentinel.--The Committee is concerned by continuing
problems with the development of the FBI's case management
system, Sentinel. Contract work was stopped last year when the
determination was made that the desired functionalities could
not be delivered within the existing budget. The Committee
understands that the FBI has brought the management of the
program in-house and adopted a new program management approach.
The Committee expects the FBI to continue all necessary
periodic oversight reviews in accordance with recommendations
of the Inspector General. In addition, the recommendation
includes language under section 213 requiring the Attorney
General to report to the Committee a cost and schedule estimate
for the final operating capability of the Sentinel program, and
a detailed list of the functionalities included in the final
operating capability. This report will be submitted
concurrently to the Department's Office of Inspector General
for their review and comment.
File inventory.--The FBI is directed to continue supporting
its nationwide file inventory program at no less than the level
provided for this activity in fiscal year 2011.
DNA programs.--The Committee encourages the FBI to
undertake activities to facilitate familial DNA searches of the
National DNA Index System (NDIS) database of convicted
offenders, and work with the NDIS Procedures Board to consider
the establishment of procedures allowing familial searches only
for serious violent and sexual crimes where other investigative
leads have been exhausted. The procedures should provide
appropriate protections for the privacy rights of those in the
NDIS database.
White collar crime.--The recommended funding level includes
an increase of $12,816,000 above fiscal year 2011 to continue
support for the additional positions provided in fiscal year
2009 to enhance the investigation of white collar and financial
crime. The Committee expects the FBI to investigate thoroughly
complex, high-priority financial and mortgage fraud cases,
including those that may have contributed to the financial
crisis and the crisis in the housing sector.
Criminal alien identification.--The FBI shall submit a
report to the Committee by January 15, 2012, detailing the
FBI's participation in Federal interagency information-sharing
efforts to identify criminal aliens.
CONSTRUCTION
The Committee recommends $80,982,000 for the construction
of FBI facilities and related activities, which is $26,113,000
below fiscal year 2011 and the same as the request.
Drug Enforcement Administration
SALARIES AND EXPENSES
The Committee recommends total budget authority of
$2,297,658,000 for the Drug Enforcement Administration (DEA),
of which $322,000,000 is derived from fees deposited in the
Diversion Control Fund, resulting in a direct appropriation of
$1,975,658,000. The recommendation is $30,225,000 above the
fiscal year 2011 level, and $56,456,000 below the request.
DEA's mission is to enforce the controlled substances laws
and regulations of the United States; bring to the criminal and
civil justice system those organizations and principal members
of organizations involved in the growing, manufacturing or
distribution of controlled substances appearing in or destined
for illicit traffic in the United States; and support non-
enforcement programs aimed at reducing the availability of
illicit controlled substances on the domestic and international
markets.
Southwest border and Caribbean enforcement.--The Committee
expects DEA, within the funding provided, to prioritize
resources for law enforcement activities on the Southwest
border, in Mexico and the Caribbean, including continuation of
funding for additional positions originally provided through
supplemental appropriations in fiscal years 2009 and 2010, and
for the Mexican Sensitive Investigation Unit program.
Prescription drug abuse.--The number of Americans abusing
controlled substance pharmaceuticals far exceeds the number of
abusers of cocaine, heroin and hallucinogens combined. The
recommendation includes a program increase of $30,885,000 and
124 positions to support regulatory and enforcement activities
of the Diversion Control Program, for a total funding level of
$322,000,000. All funding for the Diversion Control Program is
fully offset by fee collections.
Mobile Enforcement Teams.--The recommendation adopts the
proposal in the President's budget to terminate the Mobile
Enforcement Teams (MET) program, for a savings of $39,100,000
and 145 positions.
Afghanistan operations.--The Committee understands that DEA
currently has 95 positions in Afghanistan, including 82
permanent positions at the Kabul Country Office, 10 Foreign-
deployed Advisory and Support Team members that complete 120-
day rotations, and three pilots. Most of the funding for DEA
salaries, benefits, deployments and operations in Afghanistan
is currently appropriated to the Department of State. The
Committee understands that amounts transferred to DEA by the
Department of State in fiscal year 2011 fall short of the
amounts needed to continue operations and build successful
long-term counternarcotics investigation capabilities. In the
absence of interagency commitment to funding operations costs
for these programs, the Committee encourages DEA to examine
whether the current personnel presence is justified, and to
report to the Committee within 30 days of enactment of this Act
on any proposed personnel reductions, and any corresponding
reductions in DEA direct appropriations requirements related to
Afghanistan programs.
Methamphetamine cleanup.--The funding recommendation for
State and Local Law Enforcement Assistance includes $15,000,000
for transfer to DEA to assist State, local and tribal law
enforcement agencies with the proper removal and disposal of
hazardous materials at clandestine methamphetamine labs,
including funds for training, technical assistance, a container
program and purchase of equipment. In fiscal year 2010, there
were over 10,000 methamphetamine lab cleanups administered by
DEA, an increase of 33 percent above the previous year, and the
anticipated total for fiscal year 2011 is a further increase in
the number of cleanups. The funding provided by transfer to DEA
for fiscal year 2012 is an increase of $6,700,000 above the
fiscal year 2011 level.
Field staffing.--DEA shall provide a report to the
Committee by January 15, 2012, on personnel vacancy rates,
comparing the rates among the DEA field divisions, and
outlining any incentives or mechanisms being used, or planned
to be used, to boost recruitment and retention of agents in
jurisdictions with higher vacancy rates, including in the
Caribbean region.
Synthetic drugs.--The Committee is aware of DEA attention
to the new and emerging dangers of synthetic drugs. DEA shall
submit a report to the Committee by January 15, 2012, detailing
its plans to address synthetic cannabinoids as well as those
other synthetic drugs on DEA's list of ``drugs and chemicals of
concern''. The report should include an explanation of existing
DEA authorities to fight the spread of synthetic and designer
drugs, and an assessment of the adequacy of existing
authorities.
CONSTRUCTION
The Committee recommends $10,000,000 for DEA Construction,
which is $10,000,000 above fiscal year 2011, and the same as
the request.
El Paso Intelligence Center (EPIC).--The high demand within
the interagency community for space at EPIC demonstrates the
value it provides to DEA and its law enforcement and
intelligence partners. The current facility is already
overcrowded, and agencies are planning to send still more
personnel to EPIC throughout fiscal years 2011 and 2012 as law
enforcement entities seek to further consolidate and coordinate
their interdiction, intelligence and investigative activities
focused on the Southwest border region. The recommended level
is intended to support an expansion of the EPIC facility, as
requested, using semi-permanent structures to accommodate
approximately 100 additional staff.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The Committee recommends $1,112,542,000 for the salaries
and expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF), which is the same as fiscal year 2011 and
$34,753,000 below the request.
The recommendation makes permanent a number of funding
prohibitions, carried in previous years, related to
consolidating records, the definition of ``curios and relics,''
the transfer of ATF functions, firearms trace data, physical
inventories, retrieval of information by name, and the denial
of applications due to a lack of business activity.
Operation Fast and Furious.--The Committee is concerned
about allegations that ATF allowed suspected or even identified
straw purchasers to purchase large quantities of firearms as
part of a long-term gun trafficking investigation known as
Operation Fast and Furious. The Committee understands that the
Attorney General has referred this matter to the Department's
Inspector General (IG) for an investigation, and that there may
also be other independent and Congressional investigations
forthcoming.
The Committee is aware that the Attorney General has
instructed, and subsequently reiterated, that Department law
enforcement personnel are not knowingly to allow any firearms
to be illegally transported into Mexico for any reason. The
Committee expects that it is also the policy of the Department
that law enforcement personnel are not knowingly to allow any
firearms to be illegally transferred, in the U.S. or elsewhere,
unless the arrest of a suspect is imminent or surveillance can
be maintained for as long as necessary to effect an arrest.
The Committee believes that an outside, independent
investigator should be appointed to conduct a thorough
investigation of the allegations against ATF with respect to
Operation Fast and Furious and the policies guiding this and
similar operations. The Committee expects the Department and
ATF to cooperate fully with all oversight investigations into
Operation Fast and Furious--whether by the Inspector General,
an independent, government-appointed investigator, or
Congress--by promptly and thoroughly responding to all requests
for information regarding this matter.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The Committee recommends $6,312,410,000 for the salaries
and expenses of the Federal Prison System, which is $30,000,000
above fiscal year 2011 and $411,856,000 below the request.
Within the amounts provided, the Committee expects the Bureau
of Prisons (BOP) to prioritize the activation of facilities
where construction is complete and activation can relieve
overcrowding at existing facilities. The Committee further
expects BOP to prioritize, within available resources, sex
offender management, as required by the Adam Walsh Child
Protection and Safety Act of 2006.
Counterterrorism activities.--The Committee recommendation
includes funds for BOP's counterterrorism activities, including
the monitoring and translation of the communications of
incarcerated terrorists and the dissemination of information,
as appropriate, to law enforcement agencies.
Radicalization in Federal prisons.--The Committee
understands that in April 2004 the Inspector General (IG)
published a report entitled, A Review of the Bureau of Prisons'
Selection of Muslim Religious Services Providers. In this
report, the IG recommended that BOP conduct an inventory of
chapel books and videos, re-screen them to confirm that they
are permissible under BOP security policies, and maintain a
central registry of acceptable materials. The Committee is
aware that BOP's registry currently includes sermons entitled:
The Bible: Truth or Altered by the White Man?, Conspiracy of
the International Bankers, Conspiracy of the U.S. Government,
Controversy with Jews, and Which One Will You Choose, the Flag
of Islam or the Flag of America? The Committee instructs the
Department to take the necessary actions to eliminate prisoner
access to radicalizing material, and directs the Department to
submit a report on its maintenance of such central registry and
the processes employed to ensure that potentially radicalizing
materials are not included.
Reentry research.--The Committee believes it is imperative
that experts at BOP and outside the government fully understand
the drivers of population, costs and recidivism so that
overcrowding, costs and recidivism can be addressed. The
Committee encourages BOP to undertake a comprehensive analysis
of its policies and determine the reforms and best practices
that will help reduce spending and recidivism. The Committee is
aware that most state corrections systems began their reform
process by providing outside experts with corrections data in
order to obtain a comprehensive analysis. The Committee
appreciates that the former Director committed to contributing
large volumes of data to the review process, and encourages the
Bureau to build upon these efforts.
Work in prisons.--Increasing work opportunities for Federal
prisoners is an important priority of the Committee. Every
prisoner should have a job. Statistics from the Bureau of
Prisons indicate that inmates who participate in work programs
are 24 percent less likely to offend again, 14 percent more
likely to find work outside of prison, and 23 percent less
likely to have misconduct issues in prison. The BOP shall
report to the Committee by January 15, 2012, on actions taken
and planned to increase meaningful work opportunities available
to inmates.
Sentence reduction opportunities.--The Committee is aware
that the Department has developed two proposals to amend the
statutory law on Federal inmate good conduct time to provide
inmates additional incentives to encourage positive behavior.
The first proposal would increase good time credit availability
by seven days per year. The second proposal would provide
incentives for participation in recidivism-reducing
programming. If enacted, these changes could potentially result
in a cost avoidance, assumed in the recommendation, of $41
million by slowing the rate of inmate population growth. The
Committee encourages BOP to work with the authorizing
committees on these and other proposals that reduce both
recidivism and appropriations requirements to secure support
for passage of this legislation.
Contract confinement.--The Committee expects the BOP to
meet bed space needs using State, local and private prison
capacity, if these facilities meet BOP's standards. BOP is
encouraged to solicit proposals in a manner that allows for an
optimal level of competition so that BOP's requirements can be
met and the best value can be achieved.
BUILDINGS AND FACILITIES
The Committee recommends $98,957,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, which is the
same as fiscal year 2011 and $437,000 below the request.
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 that report.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The Committee recommends a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated, which is the same as fiscal year 2011 and the
same as the request.
Federal Prison Industries.--In addition to its function as
a reentry tool, the Committee believes that Federal Prison
Industries, if allowed to enter into partnerships with private
businesses, could bring some lost manufacturing back into the
United States while providing inmates with opportunities to
learn skills that will be marketable after release. Therefore,
language is included under section 219 of the bill to allow
Federal Prison Industries to carry out pilot projects to
produce items not currently produced in the United States.
State and Local Law Enforcement Activities
In total, the Committee recommends $1,747,533,000 for State
and local law enforcement and crime prevention grant programs.
The recommendation consolidates such programs into the
following accounts: Violence Against Women Prevention and
Prosecution Programs; Research, Evaluation and Statistics;
State and Local Law Enforcement Assistance; and Public Safety
Officer Benefits. Some programs funded under Juvenile Justice
and Community Oriented Policing Services in previous years are
included under different headings in this new account
structure.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The Committee recommends $437,663,000 for the Office on
Violence Against Women (OVW), which is $20,000,000 above fiscal
year 2011 and $5,913,000 above the request. These funds are
distributed as follows:
------------------------------------------------------------------------
Program Recommended
------------------------------------------------------------------------
STOP Grants.......................................... $210,000,000
Transitional Housing Assistance.................. (18,000,000)
Research & Evaluation on Violence Against Women.. (3,000,000)
Grants to Encourage Arrest Policies.................. 55,000,000
Sexual Assault Victims Services...................... 20,000,000
Rural Domestic Violence & Child Abuse Enforcement.... 41,000,000
Violence on College Campuses......................... 9,500,000
Civil Legal Assistance............................... 41,000,000
Elder Abuse Grant Program............................ 4,250,000
Safe Havens Program.................................. 11,663,000
Education & Training for Disabled Female Victims..... 5,750,000
Court Training and Improvements Program.............. 5,000,000
Research on Violence Against Indian Women............ 1,000,000
Engaging Men and Youth in Prevention................. 3,000,000
Services for Children/Youth Exposed to Violence...... 3,000,000
Advocates for Youth/Services for Youth Victims 3,500,000
(STARY).............................................
Supporting Teens through Education and Protection 2,500,000
program.............................................
National Resource Center on Workplace Responses...... 1,000,000
Indian Country--Sexual Assault Clearinghouse......... 500,000
OVW Program Management and Administration............ 20,000,000
------------------
TOTAL, Office on Violence Against Women.......... $437,663,000
------------------------------------------------------------------------
Children exposed to violence.--The Committee recommendation
includes $3,000,000, for a competitive program known as
Children and Youth Exposed to Violence. The program provides
grants for projects that seek to mitigate the effects of
domestic violence, dating violence, sexual assault, and
stalking on children and youth exposed to violence and reduce
the risk of future victimization or perpetration of such
crimes. The funding will support projects that provide services
for children including direct counseling, advocacy, and
mentoring, and promote coordination between domestic violence
and sexual assault programs.
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The Committee recommends $182,585,000 for Research,
Evaluation and Statistics, which is $51,945,000 below fiscal
year 2011 and $4,085,000 above the request. These funds are
distributed as follows:
------------------------------------------------------------------------
Program Recommended
------------------------------------------------------------------------
Bureau of Justice Statistics.......................... $46,585,000
National Institute of Justice......................... 41,000,000
Regional information sharing.......................... 25,000,000
Missing and exploited children........................ 70,000,000
-----------------
TOTAL, Research, Evaluation and Statistics........ $182,585,000
------------------------------------------------------------------------
Domestic radicalization.--The Committee is pleased that DOJ
is committed to utilizing a portion of its resources to address
the issue of domestic radicalization, a national security
challenge that must be confronted. According to the
Congressional Research Service, there have been 43 homegrown
jihadist terrorist plots and attacks since 9/11, including 22
plots or attacks since May 2009. As U.S. government officials,
law enforcement and community leaders seek to understand and
combat this emerging challenge, the Committee believes that the
National Institute of Justice (NIJ) can play a critical role 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.
In addition to the base NIJ resources provided under this
heading, $5,000,000 is provided under the State and Local
Enforcement Assistance account for such research.
National Law Enforcement and Corrections Technology
Centers.--The Committee continues to support the National Law
Enforcement and Corrections Technology Centers, a network of
facilities and capabilities that converts technology to law
enforcement use. The Centers provide actual casework assistance
when highly specialized technologies are required, and help in
identifying and locating high quality technologies and
equipment for law enforcement use. The recommendation continues
the current year level of funding for the Centers.
Advances in forensic sciences.--The Committee is aware of
research efforts that have provided new tools to law
enforcement agencies by using unique skin pigmentation patterns
and unique vein patterns to positively identify suspects from
photographs. There is a need to develop new and promising
methods of identification like this and validate the methods'
findings for broader use in law enforcement and homeland
security. As the National Academy of Sciences found in the 2009
report entitled, Strengthening Forensic Science in the United
States, there is a need for ongoing research and testing to
ensure the improvement and success of our forensic sciences.
Accordingly, the Committee urges the Department to promote
rigorous standards and best practices for the forensic sciences
and to support innovative technologies that may offer valuable
new tools for public safety agencies.
Regional information sharing activities.--The Committee
recommendation includes $25,000,000 for regional information
sharing activities, which is $7,500,000 above the request.
Missing and exploited children/Internet Crimes Against
Children (ICAC).--The Committee is aware that one way the
Office of Justice Programs (OJP) addresses the proliferation of
internet crimes against children is through its ICAC Task
Forces. These task forces help State and local law enforcement
agencies develop an effective response to cyber enticement and
child pornography cases. In fiscal year 2010, ICAC Task Forces
identified 2,168 child victims through ICAC investigations,
reviewed 6,459 complaints of internet predator traveler/child
enticement, and made over 5,311 arrests of individuals who
sexually exploit children--bringing the arrest total to 23,708
since 1998. To continue to build on this success, the Committee
encourages the Department to fund programs with proven training
results and low administrative costs.
Spending plans.--The Committee directs the Department to
include in the Department's fiscal year 2012 spending plan, a
plan for the use of all funding administered by the National
Institute of Justice and the Bureau of Justice Statistics,
respectively, and a plan for the use of funds provided for
missing and exploited children programs.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The Committee recommends $1,048,985,000 for State and Local
Law Enforcement Assistance programs, which is $68,860,000 below
fiscal year 2011 and $124,515,000 below the request. These
funds are distributed as follows:
------------------------------------------------------------------------
Program Recommended
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants............. $357,265,000
Domestic Radicalization Research................. (5,000,000)
Criminal Justice Reform and Recidivism Reduction. (6,000,000)
Presidential Nominating Convention Security...... (4,000,000)
Southwest Border Prosecutions........................ 25,730,000
Byrne Competitive Grants............................. 15,000,000
Missing Alzheimer's Patient Grants................... 2,000,000
Victims of Trafficking Grants........................ 10,500,000
Drug Courts.......................................... 40,000,000
Prescription Drug Monitoring......................... 7,000,000
Prison Rape Prevention and Prosecution............... 12,500,000
Residential Substance Abuse Treatment................ 15,000,000
Wrongful Conviction Review........................... 1,000,000
Mentally Ill Offender Act............................ 9,960,000
Tribal Assistance.................................... 41,500,000
Tribal Prison Construction....................... (8,300,000)
Indian Tribal Courts............................. (20,750,000)
Indian Alcohol and Substance Abuse grants........ (9,960,000)
Legal Assistance................................. (2,490,000)
Economic, High-tech and Cybercrime Prevention........ 4,000,000
CASA--Special Advocates.............................. 6,000,000
Bullet-Proof Vests................................... 24,900,000
National Instant Criminal Background Check System.... 5,000,000
Criminal Records Upgrade............................. 6,000,000
Second Chance Act/Offender Reentry................... 70,000,000
Juvenile Justice State Formula Grants................ 40,000,000
Juvenile Justice Youth Mentoring Grants.............. 83,000,000
Investigation and Prosecution Of Child Abuse......... 15,000,000
Methamphetamine Lab Cleanups......................... 15,000,000
Transfer to DEA.................................. (15,000,000)
DNA Initiative....................................... 133,630,000
Debbie Smith DNA Backlog grants.................. (125,330,000)
Post-Conviction DNA Testing grants............... (4,150,000)
Sexual Assault Forensic Exam Program grants...... (4,150,000)
Tribal Law Enforcement............................... 20,000,000
Child Sexual Predator program........................ 9,000,000
OJP Program Management and Administration............ 80,000,000
------------------
TOTAL, State & Local Law Enforcement Assistance.. $1,048,985,000
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant (JAG)
program.--The recommendation includes $357,265,000 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, $6,000,000 is for criminal justice reform
and recidivism reduction efforts, $5,000,000 is for research on
domestic radicalization, and $4,000,000 is for initial local
law enforcement costs related to preparations for the 2012
presidential nominating conventions. With regard to the
conventions, the Committee notes that the Department failed to
request any funding for this activity, and expects that future
budget requests will address additional resource requirements
associated with convention security.
Byrne competitive grants.--The recommendation includes
$15,000,000 for competitive grants to improve the functioning
of the criminal justice system, prevent or combat juvenile
delinquency, and assist victims of crime. The Committee is
greatly concerned about the spike in ambush-style assaults that
have taken the lives of many law enforcement officers in recent
months, and urges OJP to consider supporting training and
technical assistance efforts designed to ensure officer
resilience and survivability following violent encounters in
the course of their duties.
Evidence-based programs.--The Committee strongly urges the
Department to ensure that, to the greatest extent practicable,
competitive grants are used for evidence-based programs and
activities.
Southwest border.--The Committee recognizes the need for
additional resources in the Southwest border States as State
and local governments struggle to respond to increasing crime
and drug trafficking threats. The Committee recommendation
includes funding through the Byrne Justice Assistance Grant
program for such costs as overtime for State and local law
enforcement personnel and operational funding for special
response teams. The recommendation also includes $25,730,000
for the Southwest Border Prosecutions program, which reimburses
State, local, and tribal governments for costs associated with
the prosecution of Federally-initiated and referred criminal
drug and alien cases declined by local U.S. Attorneys. No
funding was requested for this program for fiscal year 2012. In
addition, the Committee encourages the Department to consider
the law enforcement needs in this region in the awarding of
grants under the competitive grant programs funded under this
heading.
Gang violence.--Gangs remain a significant threat to public
safety in the United States. The Committee is pleased that the
Department has a comprehensive plan to combat gangs and
recognizes the critical importance of State and local law
enforcement and community groups working in a coordinated
fashion against gang violence. Accordingly, the Committee
encourages OJP, when awarding competitive grants to improve the
functioning of the criminal justice system, to give weight to
the contributions made by gang task forces with enforcement,
prevention and intervention components, as well as regional
strategic plans, to the Department's overall gang strategy.
Human trafficking.--The Committee recommendation includes
$10,500,000 for services for victims of human trafficking, and
for task force activities, which is $500,000 above the request.
The United States is a destination country for thousands of
men, women, and children trafficked largely from Mexico and
East Asia, as well as countries in South Asia, Central America,
Africa, and Europe, for the purposes of sexual and labor
exploitation. As trafficking victims are subjected to many
forms of physical, mental, and sexual abuse, victims need
various types of assistance to begin healing and recovery
including counseling, housing, medical care, support groups,
and legal assistance. According to NIJ, the Department of
Justice has funded 42 jurisdictions and 36 trafficking victim
services providers to form human trafficking task forces to
identify and rescue victims of trafficking by proactively
investigating such cases. The Committee expects that these task
forces will continue to bring together Federal, State and local
law enforcement and victim services organizations to
investigate all forms of human trafficking and assist the
victims. The Committee encourages the Department to continue to
support services for U.S. citizens, permanent residents, and
foreign nationals who are victims of trafficking through the
funding provided.
Drug courts.--The Committee recommendation includes
$40,000,000 for drug courts, which is $2,724,700 above the
fiscal year 2011 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 Department proposed replacing this program with a new
Problem Solving Courts initiative.
Prescription drug monitoring.--The Committee recommendation
includes $7,000,000 for the Prescription Drug Monitoring
Program, which is $7,000,000 above the request. The
Prescription Drug Monitoring Program assists states in
planning, establishing or enhancing electronic databases which
collect data on controlled substances that are dispensed.
Economic, high-technology and cybercrime.--The Committee
recommendation includes $4,000,000 for the Economic, High-
technology, and Cybercrime Prevention program, which is
$4,000,000 above the request. The Committee encourages the
Department to assist State and local agencies with the
prevention, investigation and prosecution of intellectual
property crimes. This program, administered by the Bureau of
Justice Assistance (BJA), provides competitive grants to
support and train State and local public safety agencies to
combat intellectual property crimes such as counterfeiting and
piracy.
National Instant Criminal Background Check System (NICS).--
According to OJP, jurisdictions continue to struggle with
meeting the eligibility requirements mandated by the NICS
Improvement Amendments Act. At present, only nine States are
eligible for grants. The recommended funding level reflects the
fact that there is a significant amount of carry-over funds
available for obligation under this program.
Reentry.--The recommendation includes $70,000,000 for
Second Chance Act grants. As the Committee's series of hearings
on reentry have illustrated, despite a dramatic increase in
corrections spending over the past two decades, re-
incarceration rates for people released from prison are largely
unchanged. This trend is both financially and socially
unsustainable, yet case studies of innovative, evidence-based
practices provide a strong indication that it can be reversed.
The Committee has reached out to the States and State attorneys
general to share the report of the National Summit on Justice
Reinvestment and Public Safety and to encourage States to
consider how the reinvestment strategies highlighted in the
report can be adapted to use in their own corrections systems.
The Committee urges OJP to build on these efforts by assisting
in the development of State reentry councils in order to foster
State-level advancements in reentry and recidivism reduction.
The Committee instructs the Department to submit a spending
plan with respect to funds appropriated for Second Chance Act
programs within 60 days of enactment of this Act. Such spending
plan shall designate funds for proven, evidenced-based programs
that will further the goal of maximizing the public safety
impact of limited taxpayer resources.
Youth mentoring.--The recommendation includes $83,000,000
for youth mentoring grants, which is $38,000,000 above the
request. The Committee expects the Department to include
providers of intensive youth mentoring activities associated
with non-profit, long-term, residential substance abuse
treatment programs focused on juveniles involved with the
criminal justice system among the eligible entities for youth
mentoring grants.
Improving the investigation and prosecution of child
abuse.--The Committee recommendation includes $15,000,000 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 Committee recognizes that communities
throughout the country are reporting increasing instances, and
more severe cases, of child abuse, neglect, and in some cases
avoidable death. Ultimately, many of these tragedies can be
avoided by increasing access to proven, preventative services.
The Committee also recognizes that child abuse and neglect are
serious public health problems impacting 900,000 American
children on an annual basis, which is over 2 percent of
children nationally. The Committee requests that the Department
submit a report on the feasibility of establishing a national
parent helpline to expand access for families in need of
counseling or parental support groups.
Sex offender location, arrest and prosecution.--The
Committee recommendation includes $9,000,000 for grants to
assist in the location, arrest and prosecution of child sexual
predators, and to enforce sex offender registration laws,
including grants for sex offender management assistance and for
the National Sex Offender Public Web site. The Committee
directs the Department to include, in the Department's fiscal
year 2012 spending plan, a plan for the use of all funding
appropriated for these purposes.
Methamphetamine cleanup.--The Committee recommendation
includes $15,000,000 for anti-methamphetamine-related
activities, which shall be transferred to the DEA to assist
State, local and tribal law enforcement agencies with the
proper removal and disposal of hazardous materials at
clandestine methamphetamine labs, and provide for training,
technical assistance, a container program and the purchase of
equipment. The recommendation is $15,000,000 above the request.
DNA backlog elimination.--The Committee recommendation
includes $133,630,000 for DNA-related and forensic programs and
activities, which is $23,630,000 above the request. Within the
funding provided, the Committee provides $4,150,000 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 a
spending plan with respect to funds appropriated for DNA-
related and forensic programs, and a report on the alignment of
appropriated funds with the authorized purposes of the Debbie
Smith DNA Backlog Grant Program, within 60 days of enactment of
this Act.
Cyberbullying.--The Committee is concerned about children's
Internet safety and cyberbullying in particular. The Committee
encourages the Department to work with law enforcement
officers, community leaders, social media providers and other
Internet service providers to find ways to help prevent
cyberbullying and promote safe and responsible Internet use,
including by recommending that victims report bullying
incidents to Internet service providers (ISPs) and website
moderators.
PUBLIC SAFETY OFFICER BENEFITS
The Committee recommends a total of $78,300,000 for the
Public Safety Officer Benefits program, which is $8,218,000
above the fiscal year 2011 level and the same as the request.
Within the funds provided, $62,000,000 is for death benefits
for survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping purposes.
Also within the total, $16,300,000 is recommended, as
requested, for disability benefits for public safety officers
who are permanently and totally disabled as a result of a
catastrophic injury, 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 in this bill:
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 extends specified authorities to the Bureau of
Alcohol, Tobacco, Firearms and Explosives for undercover
operations.
Section 208 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the Bureau of Prisons as appropriately
secure.
Section 209 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual equipment, services
and materials used primarily for recreational purposes, except
for those items and services needed for inmate training,
religious, or educational purposes.
Section 210 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 211 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 212 prohibits the use of funds for A-76
competitions for work performed by employees of the Bureau of
Prisons or Federal Prison Industries, Inc.
Section 213 requires a cost and schedule report on the
Sentinel program.
Section 214 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance and permits up to 1 percent of formula grant funds
made available to that office to be used for criminal justice
research, evaluation and statistics.
Section 215 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; state, tribal and
local reentry courts; and drug treatment programs.
Section 216 requires reporting on the costs and contracting
procedures for DOJ conferences whose costs to the Government
exceed $20,000.
Section 217 provides the Attorney General authority to
waive certain reporting requirements for localities applying
for Byrne Justice Assistance grants in fiscal year 2012 upon
demonstrating that they had met previous reporting requirements
and agree to begin to report timely data on part I violent
crimes of the Uniform Crime Reports to the Federal Bureau of
Investigation by the end of fiscal year 2012.
Section 218 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 219 allows Federal Prison Industries (FPI) to
participate in the Prison Industries Enhancement Certification
program and allows FPI to carry out pilot projects to produce
items that are no longer produced in the United States.
TITLE III
SCIENCE
Office of Science and Technology Policy
The Committee recommends $3,000,000 for the Office of
Science and Technology Policy (OSTP), which is $3,647,000 below
fiscal year 2011 and $3,650,000 below the request.
Coordination with China.--OSTP has chosen to disregard a
strong and unambiguous legislative prohibition on bilateral
engagement with China or Chinese-owned companies that was
included in the Department of Defense and Full Year Continuing
Resolution Act, 2011 (Public Law 112-10). OSTP and the White
House raised no concerns about this language while it was under
consideration. Only after the Committee asked OSTP about its
compliance with the provision did OSTP claim that the language
infringed on Constitutional prerogatives and acknowledge an
intention to proceed with prohibited activities. Even then key
information about a scheduled bilateral event was omitted.
OSTP's behavior demonstrates a lack of respect for the policy
and oversight roles of the Congress.
STEM education.--OSTP's remaining funds shall be
prioritized toward its efforts to coordinate and improve
government programs designed to increase interest and
proficiency in science, technology, engineering and mathematics
(STEM) education. The Committee is especially interested in
OSTP's ongoing effort to create an inventory of Federal STEM
education programs for purposes of identifying synergies and
redundancies and promoting the development of a coordinated,
multiyear STEM education strategic plan.
In addition to improving the management and effectiveness
of STEM programs, the Committee believes that OSTP needs to
increase its efforts to ensure that education policymakers and
practitioners in States and localities have access to the
research and findings generated by those Federal programs. A
significant amount of useful information exists on best
practices and promising new STEM educational approaches, but
the willingness and ability of agencies to broadly disseminate
that information to interested parties seems to vary widely.
The formulation of a comprehensive policy on dissemination
(including a clear designation of agency responsibilities) and
a concerted effort to encourage dissemination across programs
could greatly increase the implementation and replication of
effective STEM practices in schools around the country. The
Committee expects that OSTP will take all necessary steps to
integrate dissemination goals and policies into its STEM
education strategic plan.
National Aeronautics and Space Administration
The Committee recommends $16,810,257,000 for the National
Aeronautics and Space Administration (NASA), which is
$1,637,771,000 below fiscal year 2011 and $1,914,043,000 below
the request.
After several years of debate and compromise, the Congress
and the Administration have finally settled on a consensus
program for NASA in the form of the NASA Authorization Act of
2010 (Public Law 111-278). In order to successfully accomplish
everything outlined in that Act, NASA needs to develop and
pursue new and different ways of operating that will promote
efficiency and economy; annual budget increases can no longer
be counted on as the means for achieving mission goals.
The new reality of constrained budgets, however, does not
mean that NASA cannot or will not continue to make significant
achievements in science, exploration and other areas. The
Committee's fiscal year 2012 recommendation supports high
priority scientific research missions; maintains aeronautics
research and testing activities; formally establishes a new
program to develop next-generation space technology; maintains
current investments in the development of commercial crew
capabilities while also funding implementation of NASA's own
Multipurpose Crew Vehicle (MPCV) and Space Launch System (SLS);
continues operations of the International Space Station and the
closeout of obligations from the Space Shuttle program;
promotes STEM education through a streamlined portfolio of
programs; and sustains general agency mission operations and
oversight.
GAO assessments of large scale projects.--The Fiscal Year
2008 Consolidated Appropriations Act (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 cooperate fully and
to provide 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.
Cost estimation.--NASA often blames its cost overruns on
the complex and unique development work conducted by its
mission directorates, but, with proper cost estimation, the
inherent risk in NASA's work can be accounted for and its
budgets controlled. The adoption of a joint cost and schedule
confidence level (JCL) approach and a requirement for budgets
to be formulated at a 70 percent JCL are positive steps for
improving cost estimates, but the integrity of these policies
is undermined by NASA's willingness to make exceptions and
allow projects to move forward at lower confidence levels. The
Committee urges NASA to discontinue the exception policy and
strictly hold all projects to the 70 percent standard.
To improve the Committee's oversight of NASA's cost
estimates, NASA is directed to include in its fiscal year 2013
budget justification the confidence level assumed in the
proposed funding level for each major project; whether the
confidence level is a traditional estimate or a JCL; whether
any project activities were excluded from the calculation of
the confidence level and, if so, why; and, if an exception has
been provided to move forward below the 70 percent standard, a
full justification for that decision and an explanation for how
the additional risk is being mitigated.
Cost control.--Without improvements in project management,
NASA will be unable to hold to even its most rigorous cost
estimates. One such management improvement recommended by GAO
is the imposition of a standard design metric to measure
projects' progress at crucial points in the development life
cycle. This metric would allow NASA to objectively assess
design stability and minimize costly changes late in
development. The Committee understands that NASA does not want
to use the metric originally proposed by GAO, but that should
not prevent NASA from settling on an acceptable metric and
implementing it consistently. Accordingly, the Committee
directs the NASA Chief Engineer to (1) develop a common set of
measurable and proven criteria to assess design stability; and
(2) amend NASA's systems engineering policy to incorporate the
criteria within 120 days after enactment of this Act.
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 on
Appropriations the notifications and reports required by
section 103.
The Committee notes, however, that NASA's reports pursuant
to section 103 are often lacking in detail and, as such, often
do not serve the intended purposes of the Congress.
Specifically, the Committee finds that NASA's reports generally
contain only a cursory explanation for why cost and/or schedule
parameters have been breached and are not responsive to the
requirements to address the impact of these overruns on other
NASA programs or to consider a broad range of alternatives to
the program. For example, the ``broad range of alternatives''
section of a typical NASA report does not contain any
substantive discussion of options like descoping the program,
bringing on a partner agency to share costs, or funding other
activities by cancelling the program and reallocating its
budget. Instead, NASA preempts any consideration of such
alternatives by simply declaring that other options would not
meet the program's research goals in a cost effective manner.
NASA needs to revise its reports to be less focused on
defending the program in breach and more focused on providing
information on causes, impacts and options that the Committee
needs in order to make informed decisions about how to proceed.
Therefore, the Committee directs NASA to undertake a review of
its processes and procedures for creating its breach reports
and to make the necessary improvements to ensure that these
reports fully address the intended purpose of section 103. NASA
should report to the Committee within 90 days of the enactment
of this Act on the steps it has taken to improve its breach
reports.
Workforce transition.--Last year, NASA, in collaboration
with the Department of Commerce, commissioned a survey of
hundreds of aerospace companies to obtain data on the health
and competitiveness of the sector and the impact on those
companies of the significant changes in NASA's human
exploration programs. The Congress would find this data very
useful in assessing the adequacy of NASA's workforce transition
activities, as well as for projecting future labor needs at
NASA and the other Federal agencies who share a common
industrial base. Although NASA has had access to the survey
results for some time, the Workforce Transition Strategy report
that outlines the results and describes how they have been
integrated into NASA's labor planning has not yet been
submitted to the Congress. NASA is urged to submit this report
as soon as possible so that the Committee can make use of its
conclusions in oversight and appropriations actions.
The Committee directs NASA to continue aggressive efforts
to ensure a seamless employment transition for Space Shuttle
program employees. These efforts should include the provision
of individualized assistance for affected employees (civil
servants and contractors) to ensure that they have access to
all necessary training and skills development opportunities;
notices of employment openings within NASA or known openings in
other government agencies or the private sector; and
information about potential non-employment options, such as
early retirement or unemployment benefits. NASA should make a
particular effort to reach out to other government agencies
with active aerospace programs, such as the Department of
Defense, in order to match departing employees with new
potential employers.
NASA is also directed to report to the Committee by
September 30, 2012 with comprehensive outcome data on the
Shuttle workforce. Those data should include the number of
Shuttle workers who departed from the agency or one of its
prime contractors prior to August 31, 2012; an accounting of
how many of those departed employees received individualized
transition assistance from NASA prior to their departure; and a
breakdown of post-Shuttle employment status for those employees
as of August 31, 2012 (retired, unemployed, moved within NASA,
moved to a different government agency).
Budget structure.--The NASA budget structure has changed
far too many times over the last several years. Regularly
creating new accounts and shifting programs among accounts
complicate efforts to make multiyear funding comparisons and
obscure long-term funding trends. The bill adopts NASA's
proposal to create a new account for Space Technology because
this is the completion of a realignment that has been underway
for some time. The Committee expects this to be the last such
structural change for the foreseeable future.
Reprogramming notifications.--Rather than including a
detailed table showing the recommended levels for each
individual project and activity proposed in the budget request,
the Committee has chosen to provide a table that focuses more
generally at the theme and program level with a limited amount
of additional detail. This will permit NASA some discretion to
allocate available funds according to the most urgent
priorities and needs at the time of the submission of the
spending plan required by section 537 of this Act. The spending
plan should be presented at the traditional level of detail
down to the activity level. The plan itself and any subsequent
changes made to the established spending plan amounts that meet
the notification requirements of section 505 of this Act should
be reported to the Committee via the notification procedures
outlined in that section.
The Committee's table of recommendations for NASA is
delineated below. Additional detail may be found under the
relevant account headings.
------------------------------------------------------------------------
Recommended
Theme, Program, Project or Activity ($000)
------------------------------------------------------------------------
Science............................................... $4,504,000
Earth Science..................................... 1,699,000
Planetary Science................................. 1,500,000
Astrophysics...................................... 683,000
James Webb Space Telescope........................ --
Heliophysics...................................... 622,000
Aeronautics........................................... 569,930
Space Technology...................................... 375,000
Exploration........................................... 3,649,000
Human Exploration Capabilities.................... 3,048,000
Multipurpose Crew Vehicle..................... 1,063,000
Space Launch System........................... 1,985,000
Commercial Spaceflight............................ 312,000
Exploration Research and Development.............. 289,000
Space Operations...................................... 4,064,000
Space Shuttle..................................... 548,000
International Space Station....................... 2,767,000
Space and Flight Support.......................... 749,000
Education............................................. 138,000
Aerospace Research and Career Development......... 35,900
NASA Space Grant.............................. 26,700
EPSCoR........................................ 9,200
STEM Education and Accountability................. 102,100
Minority University Research Education Program 31,400
STEM Education and Accountability Projects.... 70,700
Cross Agency Support.................................. 3,050,000
Construction and Environmental Compliance and 424,000
Restoration..........................................
Office of Inspector General........................... 36,327
-----------------
Total, NASA....................................... $16,810,257
------------------------------------------------------------------------
SCIENCE
The Committee recommends $4,504,000,000 for Science, which
is $431,409,000 below fiscal year 2011 and $512,800,000 below
the request.
Earth Science missions.--The Committee recommendation
includes a reduction of $100,000,000 below the request for
Earth Science activities. While the Committee supports Earth
Science functions, this area has rapidly grown over the past
few fiscal years, and the current constrained fiscal
environment simply cannot sustain the spending patterns
envisioned by NASA in this field. The Committee has not
included detailed, line-item reductions within the Earth
Science portfolio. Instead, NASA should propose such reductions
as part of the spending plan required by section 537 of this
Act. In proposing reductions, NASA should take care to protect,
to the extent possible, high priority missions of the Earth
Science decadal survey, including Ice, Cloud, and land
Elevation Satellite-2, the Soil Moisture Active-Passive
mission, and the Deformation, Ecosystem Structure and Dynamics
of Ice mission, as well as missions with near-term launch
readiness dates. In addition, NASA should be careful to propose
a funding portfolio that maintains an essential balance between
actual spaceflight projects and the critical mission-enabling
activities (research and data analysis, data application, etc.)
that support and enhance the value of those projects.
Planetary Science missions.--The Committee accepts the
findings of the most recent Planetary Science decadal survey
and supports the application of the survey's decision rules to
determine how best to structure the program within the
available budget. The program elements most significantly
impacted by these decision rules are the flagship missions,
which must be substantially descoped in order to remain within
the portfolio. The Committee directs that $4,000,000 of the
Outer Planets Flagship (OPF) budget be used to conduct the
necessary descoping studies for the decadal survey's two
highest priority flagship missions: Mars Sample Return (MSR)
and the Jupiter Europa Orbiter (JEO). The results of these
studies shall be transmitted to the Committee as soon as they
are complete. The remaining $39,000,000 of OPF funds should be
held pending the completion of the descoping analysis and,
depending on the results, either used in support of an
acceptably descoped flagship mission or proposed for
reprogramming to other Planetary Science project lines in
accordance with the decadal survey's decision rules.
Plutonium-238.--The bill makes available $10,000,000 from
this account, as requested, to restart production of Plutonium-
238 (Pu-238), a radioisotope that is an essential source of
electrical power for long-range planetary science missions. The
Committee urges NASA to work expeditiously with the Department
of Energy to bring Pu-238 production back online as quickly as
possible while simultaneously pursuing Advanced Stirling
Radioisotope Generator technology that will allow NASA to make
better, more efficient use of available Pu-238 stocks.
James Webb Space Telescope.--The James Webb Space Telescope
(JWST) Independent Comprehensive Review Panel revealed chronic
and deeply rooted management problems in the JWST project.
These issues led to the project cost being underestimated by as
much as $1,400,000,000 relative to the most recent baseline,
and the budget could continue to rise depending on the final
launch date determination. Although JWST is a particularly
serious example, significant cost overruns are commonplace at
NASA, and the Committee believes that the underlying causes
will never be fully addressed if the Congress does not
establish clear consequences for failing to meet budget and
schedule expectations. The Committee recommendation provides no
funding for JWST in fiscal year 2012. The Committee believes
that this step will ultimately benefit NASA by setting a cost
discipline example for other projects and by relieving the
enormous pressure that JWST was placing on NASA's ability to
pursue other science missions.
AERONAUTICS
The Committee recommends $569,930,000 for Aeronautics,
which is $36,000,000 above fiscal year 2011 and $530,000 above
the request.
Research priorities.--The Committee recognizes the
significant economic impact of NASA's aeronautics research,
which increases the competitiveness of the American aviation
industry, enables new job-creating technologies and improves
the efficiency of domestic travel and commerce. To continue
advancing innovative technical concepts, NASA has proposed a
program plan to address critical research needs focusing on
airspace capacity, environmental sustainability and aviation
safety. The Committee supports this plan, including NASA's
discretion to descope hypersonic research activities if the
determination is made that increasing investments in other
research areas is a higher priority.
Industry consultation.--The Aeronautics Research Mission
Directorate has recently initiated an industry roundtable
process to promote senior level interaction between NASA and
aviation industry leadership. These meetings, which supplement
existing mechanisms for consultation, will allow industry
leaders to provide input on major challenges and opportunities
for future integrated research activities. The Committee
supports this initiative and directs NASA to provide the
Committee with biannual updates on the activities and findings
of the industry roundtables.
SPACE TECHNOLOGY
The Committee recommends $375,000,000 for Space Technology,
which is $649,200,000 below the request. This is a new account
in fiscal year 2012. Funding for space technology activities
was included in the Exploration, Cross Agency Support and Space
Operations accounts in previous years. Funding under this
heading consists of numerous existing activities, including the
Small Business Innovative Research (SBIR) program, the Small
Business Technology Transfer (STTR) program, and significant
portions of the Exploration Technology Development and
Demonstration (ETDD) program, as well as some newly evolving
cross cutting activities.
Program scale.--The Committee supports the concepts
underlying the Space Technology request, as well as the
structure of the proposed program. Its competitive nature,
projectized approach and balance between technologies of
differing readiness levels seem likely to produce innovative
ideas that will benefit NASA, other Federal agencies and the
commercial sector.
However, the Committee believes that NASA's proposal to
more than triple the size of this program over the course of
two fiscal years is premature. NASA has yet to complete a full
year managing these activities as a consolidated portfolio, and
the technology roadmaps that are intended to guide and
prioritize its investments are still in draft form and under
external review by the National Research Council (NRC). In
addition, NASA does not yet appear to have a sustainable
budgetary plan for absorbing a new program of such significant
size without causing damage to other necessary activities. The
Committee expects that NASA will use fiscal year 2012 to
address these outstanding issues, which will put the program in
a stronger position to seek additional resources in future
requests.
Exploration technology development priorities.--The
recommendation adopts NASA's proposal to consolidate a majority
of the ETDD programs with other technology development efforts
in this account. ETDD has a very specific purpose and a very
specific customer base, however, and it is critical that the
management of ETDD funds continues to reflect the needs of that
customer base in the Exploration Systems Mission Directorate.
EXPLORATION
The Committee recommends $3,649,000,000 for Exploration,
which is $151,683,000 below fiscal year 2011 and $299,700,000
below the request.
Human exploration capabilities.--The Committee recommends
funding above the request for the MPCV and SLS programs to help
ensure that NASA can meet the programmatic deadlines contained
in the most recent NASA authorization bill. The Committee
recommends $1,063,000,000 for the MPCV and $1,985,000,000 for
the SLS. The Committee notes that Administration delays in
providing key details on designs, contracts, budgets and
schedules have hindered the development of funding
recommendations. The Committee expects such information to be
provided immediately.
These funds are intended for the actual design and
development of the vehicles themselves, although the Committee
acknowledges that NASA has legitimate needs for related
expenses such as civil service oversight, program integration,
ground operations and mission operations. NASA should take all
possible steps to minimize the impact of these expenses on the
MPCV and SLS programs by revalidating and streamlining each
related expense and seeking acceptable funding sources for
these expenses outside of the Human Exploration Capabilities
line. In order to facilitate the Committee's oversight of
NASA's ``taxation'' of the MPCV and SLS budgets for these
related expenses, NASA's spending plan should clearly itemize
all costs under both the MPCV and SLS programs that are not
directly tied to actual vehicle design and development and
provide a justification for why those expenses cannot be
addressed elsewhere or deferred.
SLS development.--The Committee understands NASA's stated
desire to initially field a 70-100 metric ton vehicle that
would be evolved over time to the full 130 metric ton SLS. To
the extent that flying a smaller vehicle can be achieved faster
and will minimize the gap in our national human spaceflight
capabilities, the Committee does not object to this proposal.
However, the focus on initially flying a smaller vehicle cannot
distract NASA from fulfilling its legal obligation to design
the SLS from inception as a 130 metric ton vehicle and to
proceed with simultaneous development of the core and upper
stages. NASA is also directed to ensure that the work done on
the 70-100 metric ton vehicle will be applicable to the 130
metric ton SLS. NASA should not expend funds on design or
development of a smaller vehicle that does not add value to the
overall SLS effort.
MPCV development.--A test flight is a major upcoming
milestone in the MPCV development plan, but NASA has not yet
articulated a proposal for how that test flight will occur.
Ideally, the MPCV would be test flown on an early version of
the SLS, which would allow NASA to validate concepts and gather
important data on each vehicle simultaneously. Because MPCV is
significantly further along in the development process,
however, this may be difficult to achieve in a timely manner.
The Committee does not want NASA to spend money on a launch
vehicle for the MPCV test flight that will add no practical
value to the SLS development effort, but, if such an occurrence
is deemed necessary for the continuation of progress in the
MPCV program, the costs of procuring that launch vehicle and
executing the test flight should be borne by the MPCV budget.
Exploration destinations.--NASA's stated intention is to
pursue a capabilities-based approach to human exploration,
which means that the direction of the program will be driven by
what technologies are available at a particular time. While
this approach may offer some advantages in terms of
flexibility, it also lacks the clearly defined goals that have
historically driven space exploration achievements. Specific,
aggressive goals are necessary both to focus the program and to
provide a common vision around which public and political
support can be rallied. Consequently, the Committee urges NASA
to adopt a destination-based approach to exploration that would
designate a specific target location, such as the Moon, to
drive development decisions and timelines going forward.
Commercial cargo.--The Committee understands that
commercial cargo activities in fiscal year 2012 will be funded
with carryover from prior years. Therefore, no additional
funding is provided in this Act for commercial cargo purposes.
To aid the Committee's oversight of the progress made in
commercial cargo to date, NASA is directed to provide to the
Committee a list of the milestones met and not met for each
recipient of commercial cargo program funding, as well as the
amount of funding distributed to each recipient. This report
shall be submitted no later than 120 days after the enactment
of this Act.
Commercial crew.--For commercial crew development
activities, the Committee recommends $312,000,000, which is the
same as fiscal year 2011. The Committee preserved funds for
this activity to reduce the risk of relying solely on Russia
for ISS access and to address the need for the United States to
establish a domestic means of access to low Earth orbit. The
sizable increase proposed in the budget request, however, was
premature given the still-undefined acquisition strategy for
the Commercial Crew Development Round 3 (CCDev 3) awards and
the uncertainty behind assumptions about pricing, schedule,
market demand, flight opportunities and other economic factors
that are essentially unknowable at this time.
Given the likely decrease in the number of CCDev 3 awards
that will be made at this funding level relative to the
request, NASA is encouraged to make use of unfunded Space Act
Agreements to maximize the number of commercial partners who
stay engaged with the program and remain in contention for an
eventual service contract.
For any acquisition strategy developed for CCDev3, NASA is
encouraged to consider the potential contributions of women-,
minority- and veteran-owned firms.
Robotic precursor missions.--Out of necessity, the
Committee's recommendation adopts NASA's proposal to delay the
start of the robotic precursor mission program for another
fiscal year. The Committee is concerned, however, that
continued delays will eventually impact NASA's long-term
readiness for exploration missions beyond low Earth orbit,
which may require robotic scouting and validation of
destinations and landing sites. In order to jumpstart even a
minimal level of robotic precursor activity, the Exploration
Systems Mission Directorate is encouraged to work with the
Science Mission Directorate to identify possible science
missions that could serve as flights of opportunity for robotic
precursor payloads. Flights of opportunity should only be
pursued, however, if the addition of the robotic precursor
activity does not negatively impact the overall program budget
or launch schedule for the science mission in question.
SPACE OPERATIONS
The Committee recommends $4,064,000,000 for Space
Operations, which is $1,433,483,000 below fiscal year 2011 and
$282,900,000 below the request.
Space Shuttle.--The recommendation includes a total of
$548,000,000 for the Space Shuttle program. Based on the
actuarial estimates provided with the budget submission, this
amount should be sufficient to cover NASA's liability pursuant
to the termination of the pension plan under the Space Program
Operations Contract. If the final calculated pension shortfall
is less than this amount, any extra funding should be used to
defray other Space Shuttle transition and retirement costs.
International Space Station.--The extension of
International Space Station (ISS) operations to 2020 comes at a
cost of nearly $3,000,000,000 per year. To make this investment
worthwhile, NASA needs to ensure that the Station's research
capabilities are maximized. The Committee understands that the
strategic target for maximum NASA research utilization (35
hours of crew time per week) will be reached during 2012 and
directs NASA to keep the Committee apprised of progress toward
that goal.
Non-NASA research activities will be coordinated by the
nonprofit manager of the ISS National Lab, who will receive
NASA funding support in fiscal year 2012 and, likely, several
years thereafter. The Committee believes that the nonprofit
manager should ultimately be a self-funding entity and that all
necessary steps should be taken to reduce the manager's
overhead costs in order to maximize funding available for ISS
National Lab research grants.
Launch Services Program.--NASA is facing an increasingly
challenging launch vehicle procurement environment. There is no
certified medium class vehicle to fill the gap left by the
retirement of the Delta II, and a series of recent launch
failures has called into question the continuing availability
of other commonly used vehicles. While these factors decrease
the number of vehicle options available to NASA, the costs of
remaining options under the NASA Launch Services II (NLS-II)
contract have continued to increase due to uncertainty of
demand from both NASA and the Department of Defense. The
Committee does not believe that NASA's budget sufficiently
reflects the risks associated with these challenges, which
could lead to significant cost overruns for science missions in
fiscal year 2012 and beyond.
As NASA works to resolve these issues, the Science and
Space Operations Mission Directorates shall jointly prepare
biannual status reports for the Committee. These reports shall
address and provide justifications for: (1) any changes made to
the NLS-II contract, including additions or deletions of
vehicles or modifications to vehicle pricing and terms; (2)
trends in actual launch vehicle pricing as vehicles are
selected for missions in development; and (3) selections or
changes of launch vehicles for missions in formulation or
development.
Human spaceflight study.--The NRC is currently conducting a
study on the appropriate role and size of NASA's Human
Spaceflight Office after the retirement of the Shuttle and the
completion of the ISS. NASA is directed to submit a copy of
this report to the Committee as soon as it becomes available.
NASA should include with the report a response to and
assessment of the findings of the NRC.
21st Century Launch Complex (21CLC).--NASA requested
approximately $60,000,000 of 21CLC funding within the Space
Operations account for construction-related activities. The
funding belongs, however, in the Construction and Environmental
Compliance and Restoration (CECR) account, which was created
exclusively for construction needs. The Committee has therefore
provided these funds directly under the CECR heading, along
with other programmatic construction of facilities
requirements.
Orbiter disposition.--NASA is directed to submit quarterly
reports to the Committee on the status of its disposition of
the four Space Shuttle orbiters. Those reports should include
(1) expected dates of the physical transfer of each orbiter to
its final destination; (2) the total cost to NASA (net of any
contribution made by the orbiter recipient) for the storage,
preparation and transport of each orbiter; (3) details on how
each orbiter will be physically moved and a plan for ensuring
the safety of the orbiters in transit; (4) a description of
each recipient's physical and educational plan for displaying
its orbiter; and (5) notification if any orbiter recipient has
failed to meet a financial or physical milestone to which it
had committed as a condition of orbiter receipt and, if so, an
action plan for how NASA and the recipient will address that
missed milestone.
If at any time NASA determines that a recipient cannot or
will not meet the milestones (financial or physical) to which
it committed as a condition of orbiter receipt, NASA should
immediately notify the Committee and provide a proposed course
of action.
EDUCATION
The Committee recommends $138,000,000 for Education, which
is $7,508,000 below fiscal year 2011 and $400,000 below the
request.
Education Design Team (EDT) findings and recommendations.--
The Committee supports the EDT's efforts to improve the
Education program's impact, management and organization. The
Committee's recommendation adopts the EDT's first major
proposal, which restructures and streamlines the Education
portfolio. This change will provide NASA the funding
flexibility needed to implement new and strategic education
concepts as they are developed. NASA is directed to keep the
Committee up to date on the activities of the EDT
Implementation Working Groups as they continue to refine the
activity portfolio and the program's management.
Duplication of effort.--GAO recently determined that STEM
education is an area of government activity at high risk of
programmatic duplication and inefficiency due to the large
number of agencies working on similar tasks. The Committee
encourages NASA to continue cooperating with follow-up reviews
by GAO and OSTP to identify and minimize all areas of
duplication with other agencies. NASA should also continue
pursuing enhanced strategic coordination within NASA itself
(between education program officials at Headquarters, in the
mission directorates and at the centers) in order to eliminate
any intra-agency duplication of effort. By maintaining a focus
on unique, value-added programs and promoting management
efficiency, NASA can continue to achieve its education goals
despite a slight reduction in the Education funding level.
Aerospace Research and Career Development.--The recommended
level includes $35,900,000 for NASA Space Grant and the
Experimental Program to Stimulate Competitive Research
(EPSCoR). The Committee supports both Space Grant and EPSCoR
but has adjusted funding levels to ensure that the overall
Education portfolio maintains balance between a variety of
programs and activities.
The Committee urges NASA to minimize any associated
administrative costs in order to maximize funding available for
programmatic purposes. In furtherance of administrative cost
oversight, NASA is directed to include in the spending plan
prepared pursuant to section 537 of this Act an accounting of
its administrative costs for both Space Grant and EPSCoR.
CROSS AGENCY SUPPORT
The Committee recommends $3,050,000,000 for Cross Agency
Support (CAS), which is $55,177,000 below fiscal year 2011 and
$142,000,000 below the request.
Civil service labor.--The Committee is troubled by NASA's
CAS request, which carries funding for as many as 700
programmatic FTE that have not been allocated to a mission
directorate. The fact that NASA has so many FTE without a
readily identified purpose implies either significant
overcapacity or significant management issues impeding the
timely allocation of civil service labor. The Committee directs
NASA to revalidate its need for these FTE and, for those
determined to be mission-essential, to propose a realignment to
the appropriate directorates as soon as possible.
This realignment of unallocated FTE will especially impact
the Space Operations and Exploration Systems Mission
Directorates, making the information provided to the Committee
to date about the civil service labor needs of these programs
inaccurate. Therefore, NASA should also include in its
realignment proposal for the unallocated FTE a listing of the
total post-realignment civil service FTE and associated
personnel costs for each program line within those
directorates.
Cybersecurity.--The Committee remains concerned by the
persistence of significant vulnerabilities in NASA's
information technology systems, including those systems that
control spacecraft and maintain critical data sources. Even
more troubling is the Office of Inspector General's (OIG)
assessment that the NASA Chief Information Officer (CIO) lacks
sufficient authority to mandate the implementation of security
procedures and corrections across the agency. Without such
authority, there is no means to ensure a consistent and
comprehensive agency-wide approach to cybersecurity. NASA is
directed, therefore, to work with the OIG to construct and
implement an administrative remedy that will appropriately
empower the CIO on security issues and to report to the
Committee within 180 days of the enactment of this Act on the
actions taken pursuant to this directive.
Independent Verification and Validation (IV&V).--Within the
marginal increase requested for mission support operations,
NASA has proposed a significant decrease for IV&V, which is a
crucial element of the Safety and Mission Success program. The
Committee supports the IV&V program and believes that NASA
should make the continuation of current and planned IV&V work a
priority. In order to accomplish that continuity of service
with a smaller dedicated IV&V budget in fiscal year 2012, NASA
is directed to fund any IV&V shortfall from within the mission
directorates that make use of IV&V services. These realignments
are intended to be a short term solution. Over the long run,
the IV&V program cannot be dependent on funding from the
projects being assessed or it runs the risk of losing its
objective independent perspective. The Committee expects NASA
to address this issue with the submission of its fiscal year
2013 budget request.
Acquisition workforce.--NASA's acquisition capabilities
have not kept pace with its workload, leading to difficulties
meeting the required throughput of contract awards and
increases in the number of protests filed. In order to help
address these challenges, NASA may use up to $3,600,000 of
funds provided under this heading to increase the agency's
acquisition workforce capacity and capabilities.
Budget justifications.--The Committee directs NASA to make
changes in the content of its annual congressional budget
justification (CJ) in order to make it easier to use and more
informative. These changes include, but are not limited to: (1)
normalizing all tables so that budget data presented across
multiple years are directly comparable; (2) providing a
listing, with associated dollar amounts, of all activities
included in each of the ``Other missions and data analysis''
lines; (3) standardizing a cost threshold that will dictate
which projects are described separately in the narrative; (4)
consolidating the information about each project so that it is
no longer spread out among semi-duplicative sections in the
summary, project narratives and Major Program Annual Report;
(5) providing cost estimate ranges for all projects in
formulation that have entered Phase B of the project life
cycle; (6) providing an accounting of cumulative budget
authority to date for all projects in formulation and those in
development; and (7) standardizing and significantly expanding
the information presented for each major project to include
additional discussion of development milestones, obligation
plans, major contracts and changes in cost and schedule
parameters. NASA is directed to work with the Committee to come
to agreement on a full list of specific changes that should be
implemented in the fiscal year 2013 CJ and all future CJs.
Center operations.--NASA is directed to report to the
Committee on the operating budget of each NASA center and the
lease and operating costs of any NASA office not located on the
property of a NASA center. This report, which should cover the
previous five fiscal years, should be submitted no later than
120 days after the enactment of this Act.
Propulsion Research Laboratory.--NASA is directed to report
to the Committee on its plans for utilization of its Propulsion
Research Laboratory. This report shall be submitted no later
than 120 days after the enactment of this Act.
Background investigations.--All members of the NASA
workforce, including both civil servants and contractors,
should be appropriately and regularly screened to validate
their right to access NASA physical or virtual resources.
Although NASA's security procedures have been challenged in
court, those procedures were recently confirmed by the Supreme
Court and, as such, the Committee expects that NASA will
continue with their implementation as soon as any final issues
are addressed on remand.
Comprehensive independent assessment.--The Committee has
been frustrated by the uncertainty of leadership within the
Administration on space policy and the resulting lack of focus
within NASA itself. It is time for NASA to recommit itself to a
bold vision for the future that will restore the sense of
purpose and urgency that existed at the agency during the eras
of its finest achievements. Accordingly, the Committee
recommendation includes $1,000,000, which shall be for transfer
to the OIG, to commission a comprehensive independent
assessment of NASA's strategic direction and agency management.
NASA regularly receives management and programmatic
recommendations from GAO, OIG and various commissions and other
entities, as well as outside advice on scientific and technical
priorities from the National Academies. While each of these
reviews is useful on its own, they are all targeted to a
specific issue or program and therefore do not provide a
comprehensive assessment of NASA's activities. The Committee
believes that such an agency-wide assessment will provide a
means to evaluate whether NASA's overall strategic direction
remains viable and whether agency management is optimized to
support that direction.
The assessment should consider the relevance and
feasibility of NASA's strategic goals; the appropriateness of
the budgetary balance between NASA's various programs; and the
adequacy of NASA's internal policies, procedures and
organizational structures that underpin its mission activities.
Any recommendations made pursuant to the assessment should be
predicated on the assumption that NASA's outyear budget profile
will be constrained due to continuing deficit reduction
efforts. Such recommendations should also take into account the
need for a common, unifying vision for NASA's strategic
direction. A report summarizing the conclusions of the
assessment and any relevant recommendations shall be provided
to the Congress and the President no later than 120 days after
the enactment of this Act.
To conduct this assessment, the Inspector General shall
choose individuals with recognized relevant expertise and whose
collective credentials sufficiently cover the whole range of
NASA's mission activities, including space or Earth science;
aeronautics; advanced technology development; space
exploration; spaceflight operations and support; STEM
education; and/or management of any of these activities. In
order to promote objectivity, the Inspector General shall
define and implement any conflict of interest protocols deemed
necessary, but, at a minimum, the selected individuals shall
not be currently employed or retained by NASA or any outside
entity that competes for or receives NASA funding.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee recommends $424,000,000 for CECR, which is
$30,489,000 above fiscal year 2011 and $26,400,000 below the
request.
Integrated facilities master planning.--The Committee
supports NASA's ongoing efforts to develop an agency-wide
master plan to integrate center-based and institutional
facilities needs and priorities. NASA is directed to provide
the integrated master plan to the Committee as soon as it is
complete.
Facilities planning and design.--Although it remains the
Committee's intention to keep the funding for NASA's
construction activities consolidated under this heading, the
Committee has included language permitting the mission
directorates to use their funds for mission-based facilities
planning and design. The Committee expects that all such work
will continue to be coordinated with and monitored by the
Mission Support Directorate in order to promote efficiency and
accountability in construction planning.
Provision of form 1509.--NASA is directed to continue to
provide NASA form 1509 for each construction of facilities
(CoF) project submitted in the annual budget request or an
initial spending plan and for each CoF project subject to a
reprogramming notification.
Enhanced Use Lease (EUL) receipts.--The Committee has
continued existing language limiting the expenditure of EUL
proceeds and included new language permitting NASA to accept
in-kind consideration under specified circumstances. NASA is
directed to include in its annual budget justification a
description of any in-kind consideration accepted and an
estimate of the market value of that consideration.
Hangar 1, Moffett Field.--The budget request included
$32,800,000 for the re-siding of Hangar 1 at Moffett Field. The
Committee understands, however, that NASA is currently
considering additional options for the renovation and use of
the hangar, including some options that would not require re-
siding the facility. NASA has committed to its OIG that this
evaluation of alternatives will be complete by November 30,
2011. The Committee urges NASA to complete this evaluation as
soon as possible and directs NASA to submit a copy of that
evaluation to the Committee when it becomes available.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $36,327,000 for the Office of
Inspector General (OIG), which is the same as fiscal year 2011
and $1,173,000 below the request.
Cost estimation review.--The Committee is interested in an
analytical assessment of whether NASA's JCL cost estimation
process has led to a measurable increase in the accuracy of its
project cost estimates. Since the policy was instituted in
2009, no such assessment has been completed due to a lack of
sufficient data. However, the OIG believes that a JCL review
will be feasible in 2012. The OIG is urged to undertake that
review and provide the Committee with a report on its findings
as soon as practicable.
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 incorporates by
reference the programs, projects and activities and the amounts
specified in the table under the NASA heading in this report.
This provision is intended to partially address ongoing
disagreements between the Committee and NASA about the
acceptable exercise of discretion in the reallocation of
appropriated resources between and among programs, projects and
activities.
The bill includes a provision that establishes terms and
conditions for the transfer of funds.
The bill includes a provision that repeals existing
prohibitions on the implementation of Reductions in Force or
other involuntary separations.
The bill includes a provision that allows the transfer of
balances under previous appropriations account structures to
the new appropriations account structure.
The bill includes a provision related to the expenditure of
interest earned from balances in the Endeavor Teacher
Fellowship Trust Fund.
The bill includes a provision that subjects the NASA
spending plan and specified changes to that spending plan to
reprogramming procedures under section 505 of this Act.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
The Committee recommends $5,606,964,000 for Research and
Related Activities (R&RA), which is $43,089,000 above fiscal
year 2011 and $646,576,000 below the request.
Research priorities.--The National Science Foundation (NSF)
can maximize the amount of money available in fiscal year 2012
for new activities by carrying out the various reduction and
termination proposals contained in the R&RA budget request. The
funds made available through these reductions and terminations,
together with the increase provided by the Committee, will
allow NSF to expand or enhance its activities across a range of
research areas with significant impacts on national security or
economic competitiveness. The Committee directs NSF to
prioritize these new activities towards cybersecurity and
cyberinfrastructure improvements; advanced manufacturing (as
further discussed below); materials research; and disciplinary
and interdisciplinary research in the natural and physical
sciences, math and engineering.
Advanced manufacturing.--The Committee encourages NSF's
planned activities related to the Advanced Manufacturing
initiative. Future economic prosperity in the United States
will depend largely on our ability to develop and manufacture
new products based on advanced technologies, both for the
domestic market and for export. Basic research supported
through the 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.
Neuroscience.--The Committee believes there is a potential
in the near future for significant, transformative advances in
our fundamental understanding of learning, brain development,
and brain health and recovery. Such advances will require
enhanced tools to better understand the working of the brain,
enhanced data and data infrastructure, and expanded
interdisciplinary and large-scale research efforts. While
specific applied neuroscience research is mainly supported by
the National Institutes of Health, basic research supported by
NSF will serve as the foundation for future clinical treatments
of traumatic and acquired brain injuries, childhood
developmental disorders, and other neurological conditions. To
help focus and enhance the agency's efforts, the Committee
directs NSF to establish a Cognitive and Developmental
Neuroscience crosscutting theme to guide future budget
formulation in this area, and to increase its investments in
research through this theme in fiscal year 2012.
Innovation inducement awards.--Funds provided under this
heading may be used for innovation inducement prizes, as
authorized by the America COMPETES Reauthorization Act of 2010
(Public Law 111-358). The Committee encourages NSF to make use
of this mechanism, particularly in programs that specifically
emphasize innovation, to focus on high risk/high reward
research projects and to incentivize private sector
involvement. NSF is directed to report to the Committee on its
plans for administering a prize program in fiscal year 2012.
This report should be provided no later than 90 days after the
enactment of this Act.
Protecting scientific intellectual property.--Government
policy on the dissemination of scientific research data has
trended consistently toward increased public access. This has
numerous benefits and advantages, but also raises concerns
about: (1) researchers' ability to effectively retain their
intellectual property rights for potentially lucrative
findings; and (2) the government's ability to protect
scientific intellectual property that has significant economic
or security implications. NSF is directed to report to the
Committee on proactive steps that can be taken by the
government and within the scientific research community to
better balance the imperatives of public access and protection
of data. This report shall be provided no later than 120 days
after the enactment of this Act.
Wireless Innovation Fund.--NSF's request included
$150,000,000 of mandatory funding for research on access to the
radio spectrum, wireless testbeds and cyber-physical systems.
This funding is dependent on legislation being enacted to
authorize incentive auctions that would reallocate Federal
agency and commercial spectrum bands over the next ten years.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $100,000,000 for Major Research
Equipment and Facilities Construction (MREFC), which is
$17,055,000 below fiscal year 2011 and $124,680,000 below the
request.
Project funding profiles.--NSF should promptly review its
current portfolio of MREFC projects and their outyear funding
profiles to ensure they are consistent with the fiscal year
2011 and 2012 appropriations. If adjustments to the portfolio
in either of those fiscal years will necessitate a revision of
the outyear funding profiles for any current or planned
project, NSF is directed to immediately report the revised
profiles to the Committee and to include the new profiles in
the fiscal year 2013 budget request.
Project contingency funding.--Project managers have
responded to NSF's ``no cost overrun'' policy for major
construction and equipment acquisition projects by increasing
the amount of contingency funding carried in their budget
proposals. The Committee encourages NSF to strengthen the
oversight of these contingencies, particularly in terms of
incentivizing grantees to bring their projects in under budget
and return unused contingency funding. NSF shall report to the
Committee on the steps it is taking to impose tighter controls
on the drawdown, use and return of contingency funds for
projects managed through the MREFC appropriation and for other
large facility projects. This report should be submitted no
later than 90 days after the enactment of this Act.
EDUCATION AND HUMAN RESOURCES
The Committee recommends $835,000,000 for Education and
Human Resources (EHR), which is $26,034,000 below fiscal year
2011 and $76,200,000 below the request.
Program changes.--NSF has proposed a number of program
reductions or terminations within EHR. For the most part, these
cuts were proposed not due to any dissatisfaction with the
programs in question but rather because NSF would prefer to
implement new initiatives. The Committee has no objection to
this approach, with the exception of the proposed reductions to
the Robert Noyce Scholarship Program and the Math and Science
Partnership program. The Committee does not believe that those
cuts are warranted solely to make room for new activities.
After accounting for the approved reductions and
terminations, the recommended funding level will support the
continuation of the fiscal year 2011 level for all other EHR
programs, including Advanced Technological Education and the
pre-existing elements of the Broadening Participation at the
Core program, as well as approximately $40,000,000 of new or
expanded activities as proposed in the budget request.
Best practices in K-12 STEM education.--At NSF's request,
the NRC has recently completed a multiday workshop on best
practices in K-12 STEM education. The results of this workshop,
along with commissioned research and other sources, have been
synthesized into an NRC report, Successful K-12 STEM Education:
Identifying Effective Approaches in Science, Technology,
Engineering, and Mathematics, that discusses best practices and
provides a series of recommendations aimed at education
policymakers and practitioners. Consistent with the current
dissemination plan, NSF shall ensure that this report is widely
distributed within the education and scientific communities.
In addition, NSF is directed to begin work to identify
methods for tracking and evaluating the implementation of the
improvements identified in the NRC's report. These methods may
include, but are not limited to, expansion and alignment of
existing databases on student outcomes and school and classroom
conditions, and the development of measures that more broadly
capture desired student outcomes in STEM. NSF and its
collaborators should provide an evaluation plan within 12
months of the enactment of this Act that describes these
methods and recommends the necessary steps that should be taken
by NSF and other Federal agencies to implement that plan.
Within the amounts available in this account, up to $500,000
should be used for the formulation of the evaluation plan.
Graduate Research Fellowship Program (GRFP) eligibility.--
The Committee is concerned that potentially meritorious GRFP
applications are being screened out prior to substantive review
based solely on the academic field of the applicant. Without
examining the details of an application, NSF has no way of
knowing whether the application and academic work in question
are focused on areas of basic research within NSF's mission.
Therefore, the Committee urges NSF to ensure that the review of
GRFP applications is based solely on the merits of the proposed
research and not on categorical distinctions that may not
accurately capture the qualifications of an individual
proposal.
Hispanic Serving Institutions.--Over the past several
years, NSF and the Congress have discussed the concept of
creating a program within Broadening Participation at the Core
to focus on Hispanic Serving Institutions (HSI). NSF is
directed to provide to the Committee a report outlining how the
needs of HSIs will be addressed in fiscal year 2012 and any
plans to establish an HSI-focused program in fiscal year 2013.
Duplication of effort.--The Committee encourages NSF to
continue cooperating with ongoing reviews by GAO and OSTP to
identify and minimize duplication of effort with other Federal
agencies on STEM education.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The Committee recommends $299,400,000 for Agency Operations
and Award Management, which is the same as fiscal year 2011 and
$58,340,000 below the request.
Contracting.--The Committee remains interested in efforts
to improve NSF's contracting practices. A GAO review requested
by the Committee should provide NSF with practical
recommendations for changes in policy and practice that will
result in better managed, more cost effective contracts. While
waiting for the results of that review, NSF is urged to
continue work on the contracting corrective action plan
currently being reviewed by the NSF OIG.
Both GAO and the NSF OIG have suggested that NSF is
procuring services through cost reimbursement contracts that
could be adequately procured through firmer pricing models that
reduce cost and risk to the government. NSF is directed to
review its current portfolio of cost reimbursement contracts
and to develop plans to transition to fixed price contracts for
all activities where requirements are reasonably well defined
and costs can be predicted with substantial accuracy. NSF is
directed to report on the results of this review both to the
Committee and to the NSF OIG within 90 days of the enactment of
this Act. The NSF OIG shall provide the Committee with an
assessment of NSF's transition plans no later than 45 days
after receiving the report from NSF.
Acquisitions management.--NSF may use up to $2,000,000 of
funds provided under this heading to increase the Foundation's
acquisition workforce capacity and capabilities.
Travel expenses.--Due to NSF's extensive merit review
procedures, travel expenses are a significant portion of the
budget each year. By pursuing innovative approaches to reduce
the travel obligations of merit reviewers, NSF can reduce its
travel budget and invest the savings in other critical
activities, such as grantee performance and compliance reviews.
The Committee supports NSF's efforts in this area as long as
the push to enlarge NSF's virtual merit review presence
continues to account for all necessary information security
precautions.
Program evaluation and analysis.--Compared to the rigorous
merit review system in place for assessing grant applications,
NSF's capabilities for objectively assessing the scientific
performance of completed or in-progress work are relatively
limited. As a result, NSF describes the impact of its research
programs in mostly anecdotal terms. To address this problem,
NSF is engaged in a multiyear effort to implement an empirical
system for documenting the outcomes of its scientific research,
as well as to improve its program evaluation capabilities more
generally. The Committee supports this effort and encourages
NSF to continue pursuing it expeditiously in fiscal year 2012.
Questioned/unsupported costs.--NSF has a significant number
of outstanding OIG recommendations relating to questioned or
unsupported costs, including some recommendations that have
been open and unresolved for more than a year. The Committee
finds this pace of corrective action insufficient given the
fact that Federal tax dollars are at stake. NSF is urged to
take all necessary steps to close outstanding recommendations
as quickly as possible. The Committee will continue to monitor
NSF's progress via semi-annual reporting from the NSF OIG and
other mechanisms.
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,531,000 for the National
Science Board, which is the same as fiscal year 2011 and
$309,000 below the request.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $13,972,000 for the OIG, which is
the same as fiscal year 2011 and $1,028,000 below the request.
NSF and grantee oversight.--NSF OIG has a strong record of
investigations relating to the misuse of grant funding,
employee or grantee misconduct and deficiencies in grants
management practices. Each of these categories of
investigations has the potential to result in monetary savings
for NSF as mismanaged funds are recovered or vulnerabilities in
financial and managerial controls are addressed. The Committee
encourages the OIG to main a significant focus on oversight
activity with potential monetary ramifications in order to
promote continuing efficiency and economy at NSF.
ADMINISTRATIVE PROVISION
The Committee has included the following administrative
provision for NSF:
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 $8,000,000 for the Commission on
Civil Rights, which is $1,381,000 below fiscal year 2011 and
$1,429,000 below the request.
The Committee recommends language, as included in previous
years, which provides: (1) a limitation of four full-time
positions under schedule C of the Excepted Service, exclusive
of one special assistant for each Commissioner; and (2) a
prohibition against reimbursing Commissioners for more than 75
billable days, with the exception of the chairperson, who is
permitted 125 billable days.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The Committee recommends $366,568,000 for the Equal
Employment Opportunity Commission (EEOC), which is the same as
fiscal year 2011 and $18,952,000 below the request. The
recommendation includes language making not to exceed
$30,000,000 available for payments to State and local
enforcement agencies.
Within the amount provided under this heading, the
Committee expects the EEOC to give highest priority to
addressing the inventory of private sector charges, and to
examine new ways to address the backlog and increase
productivity.
International Trade Commission
SALARIES AND EXPENSES
The Committee recommends $81,696,000 for the International
Trade Commission (ITC), which is the same as fiscal year 2011
and $5,304,000 below the request.
The ITC is directed to submit a report to the Committee by
December 1, 2011, outlining how the ITC intends to address the
internal control, financial management, and information
technology security weaknesses included in the March 2011
Semiannual ITC Inspector General report.
In addition, the Committee expects the ITC to keep the
Committee informed of progress in renovating office space to
establish a third courtroom. The addition of this third
courtroom will enable the ITC to adjudicate its increased
intellectual property caseload, which has tripled in the last
several years.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The Committee recommends $300,000,000 for the Legal
Services Corporation (LSC), which is $104,190,000 below fiscal
year 2011 and $150,000,000 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. In January, the Committee
contacted the American Bar Association (ABA) and all fifty
State bar associations to underscore the need for additional
pro bono legal assistance during times of budget austerity. The
Committee's correspondence noted that the American people have
made clear that they want Congress to rein in Federal spending,
and that reductions would be felt by all recipients of Federal
funds, including LSC. The Committee requested that the ABA and
the State bar associations reemphasize the importance of
private attorney involvement with LSC-funded programs and work
closely with LSC to help address unmet needs for civil legal
assistance in order to help mitigate the effects of future
funding reductions. Unfortunately, only three States and the
American Bar Association responded to the Committee's letter.
The Committee is pleased that LSC launched a pro bono task
force in 2011, and urges the LSC to implement the
recommendations of this task force as it continues to work with
LSC-funded programs to adopt measures aimed at increasing the
involvement of private attorneys in the delivery of legal
services to its clients.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal
Services Corporation 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 Legal
Services Corporation 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 2011 and 2012, respectively.
Unauthorized uses of funds.--The Committee was dismayed to
learn that a recent publication by an LSC grantee contained
needless political representations and evidenced ideological
biases. On June 28, 2011, the Inspector General of LSC
reinforced the Committee's concerns when he announced his
determination that the grantee, Legal Aid of North Carolina,
engaged in political activity which would be prohibited by
section 1007(a)(6)(A) of the Legal Services Corporation Act if
LSC funds, or non-LSC private funds, were used to support the
creation and distribution of the publication. Because LSC
routinely testifies that it lacks funds to serve all of the
many low income Americans in need of civil legal assistance, it
is all the more important that LSC grantees not squander funds
on political activism. Using Federal funds in violation of the
LSC statute undermines the confidence necessary to sustain
annual funding for the LSC. The Committee encourages the
Inspector General of the LSC to conduct annual audits of LSC
grantees to ensure that funds are not being used in
contravention of the restrictions on engaging in political
activities or any of the other restrictions by which LSC
grantees are required to abide. The Committee further
recommends the removal of funds from any LSC grantee found
engaging in political activity.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $3,025,000 for the Marine Mammal
Commission, which is $218,000 below fiscal year 2011 and the
same as the request.
Office of the United States Trade Representative
SALARIES AND EXPENSES
The Committee recommends $51,251,000 for the Office of the
U.S. Trade Representative (USTR), which is $3,521,000 above
fiscal year 2011 and the same as the request. Within the
amounts provided, the USTR is encouraged to hire sufficient
staff who can translate trade documents that USTR receives from
China. Currently, USTR relies on translators provided by the
State Department, but 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.
The Committee expects that USTR will coordinate and implement a
comprehensive and robust strategy to address the United States'
trade imbalance with China.
Free Trade Agreements.--The Committee expects USTR to
immediately submit the three pending Free Trade Agreements with
Colombia, Panama, and South Korea, and to report back to the
Committee with any developments on exports and job creation for
the United States. The Committee further encourages the USTR to
continue to pursue free trade agreements with additional
countries and trading blocs. With respect to South Korea, the
Committee expects the USTR to adopt acceptable safeguards
against import of North Korean products and to advise the
Committee on efforts to address this concern.
Critical vacancies.--The Committee directs the USTR to
provide a report to the Committee by December 1, 2011, on the
number of critical vacancies at the USTR, particularly in the
intellectual property enforcement area, and steps that the USTR
is taking to address these shortfalls. This report should
provide an assessment of current staffing in China with respect
to enforcement needs.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $5,121,000 for the State Justice
Institute (SJI), which is the same as fiscal year 2011 and
$10,000 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 the Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or under existing Executive Order
issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates offices or
employees; (5) reorganizes or renames offices, programs or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project, or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 permanently prohibits funds from being used to
implement, administer, or enforce any guidelines of the Equal
Opportunity Commission covering harassment based on religion
similar to proposed guidelines published by the EEOC in October
1993.
Section 507 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.
Section 508 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 509 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in the Act shall be absorbed with the budgetary
resources available to the department or agency, and provides
transfer authority between appropriation accounts to carry out
this provision, subject to reprogramming procedures.
Section 510 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 511 permanently prohibits funds from being used to
implement a Federal user fee for background checks conducted
pursuant to the Brady Handgun Control Act of 1993, or to
implement a background check system that does not require and
result in the destruction of certain information within 24
hours.
Section 512 delays the obligations of any receipts
deposited into the Crime Victims Fund in excess of $705,000,000
until October 1, 2012. This language is continued to ensure a
stable source of funds will remain available for the program,
despite inconsistent levels of criminal fines deposited
annually into the Fund.
Section 513 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 514 prohibits the transfer of funds in the Act to
any department, agency or instrumentality of the United States
Government, except for transfers made by, or pursuant to
authorities provided in, this Act or any other appropriations
Act.
Section 515 provides that funds provided for E-Government
Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Section 516 permanently requires the Bureau of Alcohol,
Tobacco, Firearms and Explosives to include specific language
in any release of tracing study data that makes clear that
trace data cannot be used to draw broad conclusions about
firearms-related crimes.
Section 517 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 518 prohibits the issuance of patents on human
organisms. The intent of this provision is as expressed in the
colloquy between the provision's sponsor in the House and the
Ranking Minority Member of the House Committee on
Appropriations as occurred on July 22, 2003, with respect to
any existing patents on stem cells.
Section 519 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 520 permanently prohibits the use of funds to
require certain export licenses.
Section 521 permanently prohibits the use of funds to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 522 prohibits the use of funds to include certain
language in trade agreements.
Section 523 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 524 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 525 deems funds for intelligence or intelligence
related activities as authorized by the Congress during fiscal
year 2012 until the enactment of the Intelligence Authorization
Act for fiscal year 2012.
Section 526 requires the departments and agencies funded in
this Act to establish and maintain on the homepages of their
Internet websites direct links to the Internet websites of
their Offices of Inspector General, and a mechanism by which
individuals may anonymously report cases of waste, fraud or
abuse.
Section 527 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed Federal tax returns,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has no unpaid Federal tax assessment,
except in specified circumstances.
(RESCISSIONS)
Section 528 provides for rescissions of unobligated
balances in certain departments and agencies funded in this
Act. Language is included rescinding $93,000,000 in unobligated
``Federal Bureau of Investigation, Construction'' balances, as
proposed in the fiscal year 2011 budget request. Language is
also included rescinding $110,000,000 in unobligated ``Federal
Prison System, Buildings and Facilities'' balances. The budget
request proposed a rescission of $35,000,000, but $110,000,000
was identified as available in a subsequent fiscal year 2011
reprogramming proposal.
Section 529 prohibits the use of funds in this Act for the
purchase of first class or premium air travel.
Section 530 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 531 prohibits the use of funds in this or any other
Act for the transfer or release of certain individuals detained
at Naval Station, Guantanamo Bay, Cuba, to or within the United
States, its territories or possessions.
Section 532 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 533 prohibits the distribution of funds contained
in this Act to the Association of Community Organizations for
Reform Now or its subsidiaries.
Section 534 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 535 requires tracking and reporting of undisbursed
balances in expired grant accounts.
Section 536 prohibits the use of funds to relocate the
Bureau of the Census or employees from the Department of
Commerce to the jurisdiction of the Executive Office of the
President.
Section 537 requires the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, and
the National Science Foundation to submit spending plans.
Section 538 prohibits the use of funds by the National
Aeronautics and Space Administration or the Office of Science
and Technology Policy to engage in bilateral activities with
China or a Chinese-owned company unless authorized by
subsequent legislation. This language originated in the
Department of Defense and Full Year Continuing Appropriations
Act, 2011, but it remains necessary in fiscal year 2012 due to
the unabated threat posed to United States interests by China.
The Chinese government's sustained efforts to obtain classified
or proprietary information from the U.S. government and
American corporations, as well as its record on human rights,
make China and Chinese-owned companies unsuitable partners for
American space and science initiatives.
Section 539 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 540 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 541 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 542 prohibits funds made available by this Act from
being used to require licensed firearms dealers to report on
the sale of multiple rifles and shotguns to the same person.
(RESCISSIONS)
Section 543 provides for an across-the-board rescission of
funds.
Section 544 establishes a Spending Reduction Account as
required by section 3(j) of H. Res. 5.
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:
NTIA, Information Infrastructure grants............... $2,000,000
NTIA, Public Telecommunications Facilities, Planning 2,750,000
and Construction.....................................
Foreign Fishing Observer Fund......................... 350,000
Digital TV Transition Public Safety Fund.............. 4,300,000
DOJ, Working Capital Fund............................. 40,500,000
Assets Forfeiture Fund................................ 675,500,000
U.S. Marshals Service, Salaries and Expenses.......... 7,200,000
FBI, Construction..................................... 93,000,000
DEA, Salaries and Expenses............................ 30,000,000
Federal Prison System, Buildings and Facilities....... 110,000,000
Violence Against Women Prevention and Prosecution 5,000,000
Programs.............................................
Office of Justice Programs............................ 42,600,000
Community Oriented Policing Services.................. 10,200,000
NASA.................................................. 30,000,000
Across-the-board rescission........................... 56,000,000
Transfer of Funds
Pursuant to clause 3(f)(2), rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfers of funds provided in the accompanying bill.
The Committee recommends the following transfers:
In Title I, under ``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''.
In Title I, under ``National Oceanic and
Atmospheric Administration'', ``Operations, Research,
and Facilities'', language is included to transfer
funds from the ``Promote and Develop Fisheries Products
and Research Pertaining to American Fisheries'' fund.
In Title II, under ``General
Administration'', ``Administrative Review and
Appeals'', language is included to transfer funds from
Executive Office for Immigration Review fees deposited
in the ``Immigration Examinations Fee'' account.
In Title II, under ``Federal Prison
System'', ``Salaries and Expenses'', language is
included to allow transfer funds to the Health
Resources and Services Administration.
In addition, language is included authorizing the transfer
of funds within the bill, as follows:
In Title I, under ``National Institute of
Standards and Technology'', ``Scientific and Technical
Research and Services'', language is included to allow
transfer of funds to the ``Working Capital Fund''.
In Title I, under section 103, language is
included to allow transfer of funds, subject to certain
conditions, between accounts in the Department of
Commerce.
In Title I, under section 104, language is
included to allow transfer of funds, subject to certain
conditions, between accounts in the Department of
Commerce in response to certain actions taken as a
result of reductions in funding.
In Title I, under section 110, language is
included to require transfer of funds collected from
certain enforcement actions into the newly established
``Fisheries Enforcement Asset Forfeiture Fund''.
In Title I, under section 111, language is
included to require transfer of funds collected from
certain enforcement actions into the newly established
``Sanctuaries Enforcement Asset Forfeiture Fund''.
In Title II, under ``General
Administration'', ``Law Enforcement Wireless
Communications'', language is included to require
transfer of funds, subject to certain conditions, from
other accounts in the Department of Justice.
In Title II, under ``Legal Activities'',
``Salaries and Expenses, Community Relations Service'',
language is included to allow transfer of funds,
subject to certain conditions, from other accounts in
the Department of Justice.
In Title II, under ``Office of Justice
Programs'', ``State and Local Law Enforcement
Assistance'', language is included to require transfer
of funds for anti-methamphetamine-related activities to
the Drug Enforcement Administration.
In Title II, under section 103, language is
included to allow transfer of funds, subject to certain
conditions, between accounts in the Department of
Justice.
In Title III, under section 103, under
``National Aeronautics and Space Administration'',
``Administrative Provisions'', language is included to
allow transfer of funds, subject to certain conditions,
between appropriations in the National Aeronautics and
Space Administration.
In Title III, under ``National Aeronautics
and Space Administration'', ``Cross Agency Support'',
language is included to allow transfer of funds to the
Inspector General for certain purposes.
In Title III, under ``National Aeronautics
and Space Administration'', ``Administrative
Provisions'', language is included to allow transfer of
unexpired balances of previous accounts, subject to
certain conditions, to new accounts established in this
Act.
In Title III, under section 103, under
``National Science Foundation'', ``Administrative
Provisions'', language is included to allow transfer of
funds, subject to certain conditions, between accounts
in the National Science Foundation.
In Title IV, under section 509, language is
included to allow transfer of funds, subject to certain
conditions, between accounts in the departments and
agencies funded in this Act in response to certain
actions taken as a result of reductions in funding.
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.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
PART I--CRIMES
* * * * * * *
CHAPTER 85--PRISON-MADE GOODS
Sec. 1761. Transportation or importation
(a) * * *
* * * * * * *
(c) In addition to the exceptions set forth in subsection (b)
of this section, this chapter shall not apply to goods, wares,
or merchandise manufactured, produced, or mined by convicts or
prisoners who--
(1) are participating in - one of not more than 50
[non-Federal] prison work pilot projects designated by
the Director of the Bureau of Justice Assistance;
* * * * * * *
(d) This section shall not apply to goods, wares, or
merchandise manufactured, produced, mined or assembled by
convicts or prisoners who are participating in any pilot
project approved by the FPI Board of Directors, which are
currently, or would otherwise be, manufactured, produced,
mined, or assembled outside the United States.
[(d)] (e) For the purposes of this section, the term
``State'' means a State of the United States and any
commonwealth, territory, or possession of the United States.
* * * * * * *
----------
TITLE 51, UNITED STATES CODE
* * * * * * *
Subtitle II--General Program and Policy Provisions
* * * * * * *
CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM
* * * * * * *
SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
Sec. 20145. Lease of non-excess property
(a) * * *
(b) Cash Consideration.--
(1) Fair market value.--(A) A person or entity
entering into a lease under this section shall provide
cash consideration for the lease at fair market value
as determined by the Administrator.
(B) Notwithstanding subparagraph (A), the
Administrator may accept in-kind consideration for
leases entered into for the purpose of developing
renewable energy production facilities.
* * * * * * *
Subtitle IV--Aeronautics and Space Research and Education
* * * * * * *
CHAPTER 409--MISCELLANEOUS
* * * * * * *
Sec. 40902. National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund
(a) * * *
* * * * * * *
(d) Availability of Funds.--The interest accruing from the
National Aeronautics and Space Administration Endeavor Teacher
Fellowship Trust Fund principal shall be available in fiscal
year 2012 for the purpose of the Endeavor Science Teacher
Certificate Program.
----------
SECTION 1105 OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
AUTHORIZATION ACT OF 2010
(Public Law 111-267)
SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS PRESERVATION.
Prior to receipt by the Congress of the study,
recommendations, and implementation strategy developed pursuant
to section 1103, none of the funds authorized for use under
this Act may be used to transfer the functions, missions, or
activities, and associated civil service and contractor
positions, from any NASA facility without authorization by the
Congress to implement the proposed strategy. The Administrator
shall preserve the critical skills and competencies in place at
NASA centers prior to enactment of this Act in order to
facilitate timely implementation of the requirements of this
Act and to minimize disruption to the workforce. [The
Administrator may not implement any reduction-in-force or other
involuntary separations of permanent, non-Senior-Executive-
Service, civil servant employees before September 30, 2013,
except for cause on charges of misconduct, delinquency, or
inefficiency.]
* * * * * * *
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1) 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.
Title I--Department of Commerce
International Trade Administration
Operations and Administration
Includes language providing funds for engaging in
trade promotion activities abroad, including expenses of grants
and cooperative agreements for the purposes of promoting
exports of U.S. firms.
Includes language that provides 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 United
States and Foreign Commercial Service; 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.
Includes language 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.
Includes language deriving a portion of available
funds from fees.
Designates funding for Manufacturing and Services,
Market Access and Compliance, the Import Administration, Trade
Promotion and United States and Foreign Commercial Service,
Executive Direction and Administration, the Office of China
Compliance, and the China Countervailing Duty Group.
Includes language regarding the contribution to
the Mutual Educational and Culture Exchange Act of 1961 to
include payment for assessment.
Bureau of Industry and Security
Operations and Administration
Includes language regarding export administration
and national security activities of the Department of Commerce.
Includes language providing for 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.
Includes language regarding the Mutual Educational
and Cultural Exchange Act of 1961 and the retention of payments
and contributions.
Includes language 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.
Economic Development Administration
Economic Development Assistance Programs
Includes language designating $5,000,000 for
repatriation projects.
Includes language designating up to $5,000,000 for
certain loan guarantees.
Includes language providing that the cost of
modifying certain loan guarantees be as defined in section 502
of the Congressional Budget Act of 1974.
Includes language limiting funds available to
subsidize total loan principal for loans in excess of $50
million.
Salaries and Expenses
Includes language regarding the monitoring of
approved projects.
Minority Business Development Agency
Minority Business Development
Includes language making funds available for
developing minority business enterprises, including expenses of
grants, contracts and other agreements.
Economic and Statistical Analysis
Salaries and Expenses
Includes language providing for two-year
availability of funds.
Bureau of the Census
Salaries and Expenses
Includes language for collecting and publishing
statistics and for promotion and outreach activities.
Periodic Census and Programs
Includes language relating to the use of funds for
promotion, outreach and marketing activities.
National Telecommunications and Information Administration
Salaries and Expenses
Includes language 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.
Patent and Trademark Office
Salaries and Expenses
Includes language providing that appropriated
funds be reduced as offsetting collections are assessed and
collected and reducing appropriations if fee collections are
less than appropriated funding.
Provides for the availability of funds received in
excess of appropriations to be available until expended and
requiring a spending plan subject to section 505 of this Act.
Includes language regarding basic pay and certain
retirement benefits; limiting official reception and
representation expenses; and providing that sections 801, 802,
and 803 of division B of P.L. 108-447 shall remain in effect
during fiscal year 2012.
Includes language regarding the submission of
applications filed electronically.
Includes language providing for a surcharge of 15
percent on fees charged or authorized by sections 41(a), (b),
(d)(1) and 132(b) of title 35, U.S. Code, as administered under
Public Law 108-447 and this Act, to be separate from, and in
addition to, any other surcharge that may be required pursuant
to any provision of title 35; providing for an effective date
that is ten days after enactment of this Act, and remaining in
effect during fiscal year 2012; and providing that the receipts
collected as a result of the surcharge shall be available
without fiscal year limitation, within the amounts provided in
this Act.
National Institute of Standards and Technology
Scientific and Technical Research and Services
Includes language limiting funds for official
reception and representation expenses and transfers to the
working capital fund.
Industrial Technology Services
Provides for the multi-year availability of funds
provided for the Hollings Manufacturing Extension Partnership.
Construction of Research Facilities
Provides for the multi-year availability of funds
provided for construction of research facilities.
Includes language regarding the submission of
certain materials in support of construction budget requests.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
Includes language specifying the use of funds and
providing for two-year availability for cooperative enforcement
funds.
Includes language allowing fees and donations
received by a particular line office to be retained and used
for expenses related to those activities.
Provides that certain funds be derived from
various sources.
Includes language limiting the amount of funds
that can be provided for corporate service administrative
support.
Includes language specifying that deviations from
amounts included in the report accompanying the Act shall be
subject to section 505 of this Act.
Includes language providing for retired pay
expenses.
Procurement, Acquisition, and Construction
Provides for the multi-year availability of funds
provided for construction of facilities.
Provides that certain funds be derived from
various sources.
Includes language specifying that deviations from
amounts included in the report accompanying the Act shall be
subject to section 505 of this Act.
Includes language regarding the submission of
certain materials in support of construction budget requests.
Pacific Coastal Salmon Recovery
Includes language 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, to be allocated under scientific and merit principles
and not available for marketing activities; and requiring a
State match.
Fishermen's Contingency Fund
Provides for the appropriation of funds to be
derived from receipts collected pursuant to Title IV of Public
Law 95-372.
Fisheries Finance Program Account
Includes limitations on individual fishing quota
loans and for traditional direct loans and prohibits direct
loans for any new fishing vessel that will increase the
harvesting capacity in any U.S. fishery.
Departmental Management
Salaries and Expenses
Includes language limiting funds for official
reception and representation expenses.
Includes language on establishment of a task
force.
Herbert C. Hoover Building Renovation and Modernization
Includes language regarding blast windows for
renovation and modernization.
General Provisions
Includes language making appropriations and funds
available for advance payments only on the Secretary's
certification that such payments are in the public interest.
Includes language providing for use of salaries
and expenses appropriations for hire of passenger motor
vehicles and for uniforms or uniform allowances, as authorized.
Includes a provision regarding transfers, and a
notification requirement for acquisition or disposal of any
capital asset.
Includes a provision requiring the absorption of
funding reductions related to personnel actions, and the use of
funds to carry out this section.
Includes a provision requiring certain reports
with regard to major NOAA programs.
Includes a provision allowing the Secretary of
Commerce to furnish services within Department of Commerce
buildings for reimbursement, which would then be credited to
the appropriation or fund that provides such services.
Includes language regarding limitations on grant
recipients conducting unlawful activities.
Includes a provision authorizing the Administrator
of the National Oceanic and Atmospheric Administration to avail
the agency of resources of other departments, agencies or
instrumentalities of the United States or any political
subdivision thereof, or foreign government or international
organization to carry out the responsibilities of any statute
administered by the agency.
Includes language rescinding balances in the
Coastal Zone Management Fund.
Includes language establishing the ``Fisheries
Enforcement Asset Forfeiture Fund''.
Includes language establishing the ``Sanctuaries
Enforcement Asset Forfeiture Fund''.
Includes language requiring advance notification
of certain travel.
Title II--Department of Justice
General Administration
Law Enforcement Wireless Communications
Includes language regarding the transfer of funds
for purchasing portable and mobile radios, which shall be
subject to section 505 of this Act.
Detention Trustee
Includes language establishing that the Trustee
shall be responsible for managing the Justice Prisoner and
Alien Transportation System.
Includes language limiting the amount of funds
considered as ``funds appropriated for State and local law
enforcement assistance''.
Legal Activities
Salaries and Expenses, General Legal Activities
Includes language limiting the amount of funds for
official representation and reception expenses available to
INTERPOL--Washington.
Includes language providing funds to reimburse the
Office of Personnel Management for expenses associated with the
election monitoring program and providing for extended
availability.
Salaries and Expenses, Antitrust Division
Includes language regarding the use of fees under
the Hart-Scott-Rodino Antitrust Improvement Act.
Salaries and Expenses, United States Attorneys
Includes language limiting funds for official
reception and representation expenses.
Includes language extending the availability of
certain funds.
Includes language requiring each United States
Attorney to establish a task force on human trafficking.
United States Trustee System Fund
Includes language regarding refunds due
depositors.
Includes language providing for the extended
availability of certain funds and the use of offsetting
collections.
Fees and Expenses of Witnesses
Includes language regarding funds for construction
of buildings for safesites, armored and other vehicles, and
telecommunication equipment.
Salaries and Expenses, Community Relations Service
Includes language regarding the transfer of funds
for conflict resolution and violence prevention activities
within the Community Relations Service, which shall be subject
to the provisions of section 505 of this Act.
United States Marshals Service
Salaries and Expenses
Provides for the multi-year availability of funds
for IT systems and construction.
National Security Division
Salaries and Expenses
Provides for the multi-year availability of funds
for IT systems.
Interagency Crime and Drug Enforcement
Includes language regarding certain
reimbursements.
Federal Bureau of Investigation
Salaries and Expenses
Includes language providing for multi-year
availability.
Drug Enforcement Administration
Salaries and Expenses
Provides for multi-year availability.
Construction
Provides for multi-year availability.
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses
Provides for multi-year availability of funds.
Includes language that permanently prohibits
expenses in connection with consolidating or centralizing
records of acquisition and disposition of firearms maintained
by Federal firearms licensees.
Includes language that permanently prohibits
expenses to implement amendments to 27 CFR 478.118, change the
definition of ``Curios or relics'' or remove items from ATF
publication 5300.11.
Includes language that prohibits expenses to
investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c).
Includes language regarding expenses to
investigate applications filed by corporations for relief from
section 925(c) of title 18 U.S.C.
Includes language that permanently prohibits
expenses to transfer the functions, missions or activities of
ATF to other agencies or departments.
Includes language that permanently prohibits
expenses to disclose part or all of the contents of the
Firearms Trace System database or any information required to
be kept by licensees, except as provided.
Includes language that permanently prohibits
expenses to promulgate or implement any rule requiring a
physical inventory of licensed businesses.
Includes language that permanently prohibits
expenses to retrieve certain information electronically.
Includes language that permanently prohibits
expenses to deny an application for certain licenses.
Federal Prison System
Salaries and Expenses
Includes language that provides for the transfer
to the Health Resources and Services Administration funds
necessary for medical relief for inmates.
Includes language that provides authority to the
Director to enter into contracts to furnish health care.
Includes limitation on funds for reception and
representation expenses.
Includes language extending the availability of
certain funds.
Includes language providing for the use of certain
funds for the care and security of Cuban and Haitian entrants.
Includes language providing authority for the
Federal Prison System to accept donated property and services.
Building and Facilities
Provides for the multi-year availability of funds.
Includes language stating labor of prisoners may
be used for work.
Office on Violence Against Women
Violence Against Women Prevention and Prosecution Programs
Provides for the multi-year availability of funds.
Includes a limitation on funds to be made
available for expenses related to evaluation, training, and
technical assistance, and provides for specific appropriations
for various programs within the Office on Violence Against
Women.
Office of Justice Programs
Research, Evaluation and Statistics
Provides for the multi-year availability of funds.
Provides for the specific appropriations for
various programs within the Office of Justice Programs.
State and Local Law Enforcement Assistance
Provides for the multi-year availability of funds.
Provides for the specific appropriations for
various programs within the Office of Justice Programs.
Public Safety Officer Benefits
Includes language providing for the transfers of
funds in emergent circumstances, which shall be subject to the
provisions of section 505 of this Act.
General Provisions--Department of Justice
Includes a provision making available additional
reception and representation funding for the Attorney General
from the amounts provided in this title.
Includes a prohibition on the use of funds to pay
for an abortion, except in the case of rape or to preserve the
life of the mother.
Includes a prohibition on the use of funds to
require any person to perform or facilitate the performance of
an abortion.
Includes a provision establishing the obligation
of the Director of the Bureau of Prisons to provide escort
services to inmates receiving an abortion outside of a Federal
facility, except where this obligation conflicts with the
preceding section.
Includes a provision establishing the Committee's
requirements and procedures for transfer proposals.
Includes an authorization for the Attorney General
to extend an ongoing Personnel Management Demonstration
Project.
Includes an extension of specified authorities to
the Bureau of Alcohol, Tobacco, Firearms and Explosives for
undercover operations.
Includes a prohibition on 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.
Includes a prohibition on 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.
Includes a requirement for 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.
Includes a provision requiring the Department to
follow reprogramming procedures prior to any deviation from the
program amounts specified in this title or the reuse of certain
deobligated funds provided in previous years.
Includes a prohibition on the use of funds for A-
76 competitions for work performed by employees of the Bureau
of Prisons or Federal Prison Industries, Inc.
Includes language requiring a report on the FBI's
Sentinel program.
Includes a provision allowing the Attorney General
to use, for training and technical assistance up to 1 percent
of funds made available to certain programs.
Includes a provision allowing the Attorney General
to use, for research and statistical purposes, up to three
percent of funds made available to certain programs.
Includes authority for the Attorney General to
waive matching requirements for adult and juvenile offender
state and local reentry demonstration grants and drug treatment
programs under the Second Chance Act.
Includes a requirement for the Attorney General to
submit quarterly reports on the costs and contracting
procedures relating to certain conferences.
Includes language allowing the Attorney General to
waive certain reporting requirements for localities applying
for Byrne Justice Assistance grants.
Includes language waiving the requirement that the
Attorney General reserve certain funds from amounts provided
for offender incarceration.
Includes language allowing Federal Prison
Industries (FPI) to participate in the Prison Industries
Enhancement Certification program and allowing FPI to carry out
pilot projects to produce items that are no longer produced in
the United States.
Title III--Science
Office of Science and Technology Policy
Provides that certain funds be available for
reception and representation, and rental of conference rooms.
National Aeronautics and Space Administration
Science
Includes language providing for the multi-year
availability of funds.
Provides up to $10,000,000 for a reimbursable
agreement to re-establish radioisotope fuel production
facilities.
Includes language concerning implementation of the
planetary decadal survey.
Aeronautics
Includes language providing for the multi-year
availability of funds.
Space Technology
Includes language providing for the multi-year
availability of funds.
Exploration
Includes language providing for the multi-year
availability of funds.
Includes language designating amounts for program
components.
Space Operations
Includes language providing for the multi-year
availability of funds.
Education
Includes language providing for the multi-year
availability of funds.
Cross Agency Support
Includes language providing for the multi-year
availability of funds.
Includes language providing for an independent
assessment of NASA's strategic direction and agency management.
Construction and Environmental Compliance and Restoration
Includes an appropriation for construction and
environmental compliance and restoration to be available for
five years.
Includes language restricting receipts and
expenditures made pursuant to enhanced use lease arrangements
and requiring the inclusion of estimates in future budget
requests.
Includes language amending existing law providing
authority to accept certain in-kind contributions.
Office of Inspector Counsel
Includes language providing for the multi-year
availability of funds.
Administrative Provisions
Includes language regarding the availability of
funds for announced prizes.
Includes language regarding the allocation of
funds within NASA.
Includes language regarding transfers of funds.
Includes language amending existing law regarding
reductions-in-force.
Includes language regarding unexpired balances of
previous accounts.
Includes language amending existing law regarding
the Endeavor Teacher Fellowship Trust Fund.
Includes language regarding the submission of a
spending plan.
National Science Foundation
Research and Related Activities
Provides for the multi-year availability of funds.
Includes language providing for polar research and
operational support.
Includes language providing that certain receipts
may be credited to this appropriation.
Major Research Equipment and Facilities Construction
Provides for the multi-year availability of funds.
Includes language prohibiting reimbursement of the
Judgment Fund.
Education and Human Resources
Provides for the multi-year availability of funds.
Agency Operations and Award Management
Includes language regarding contracts for
maintenance and operation of facilities and other services.
Office of the National Science Board
Includes language providing funds for official
reception and representation.
Administrative Provision
Includes language regarding transfers of funds.
Title IV--Related Agencies
Commission on Civil Rights
Salaries and Expenses
Includes language prohibiting expenses to employ
in excess of a specific level of full-time individuals or to
reimburse Commissioners for certain billable days.
Equal Employment Opportunity Commission
Salaries and Expenses
Includes language designating not to exceed
$30,000,000 for payments to State and local enforcement
agencies.
Includes language limiting funds for official
reception and representation expenses.
Includes language authorizing the Chair to accept
donations or gifts to carry out the work of the Commission.
Legal Services Corporation
Payment to the Legal Services Corporation
Includes language regarding pay for officers and
employees.
Administrative Provision
Includes language that prohibits the use of funds
for certain activities.
Office of the United States Trade Representative
Salaries and Expenses
Provides for the multi-year availability of funds.
Includes language limiting funds for official
reception and representation.
State Justice Institute
Salaries and Expenses
Includes language limiting funds for reception and
representation expenses.
Title V--General Provisions
Includes language that prohibits the use of funds
for publicity or propaganda purposes unless expressly
authorized by law.
Includes language that prohibits any appropriation
contained in this Act from remaining available for obligation
beyond the current fiscal year unless expressly authorized.
Includes language that 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.
Includes language that 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.
Includes language that specifies conditions for
reprogramming of funds.
Includes language that permanently prohibits funds
from being used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commission
covering harassment based on religion similar to proposed
guidelines published by the EEOC in October 1993.
Includes language that 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.
Includes language that requires quarterly
reporting to Congress on the status of balances of
appropriations.
Includes language that provides that any costs
incurred by a department or agency funded under this Act
resulting from, or to prevent, personnel actions taken in
response to funding reductions in the Act shall be absorbed
with the budgetary resources available to the department or
agency, and provides transfer authority between appropriation
accounts to carry out this provision, subject to reprogramming
procedures.
Includes language that 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.
Includes language that permanently prohibits funds
from being used to implement a Federal user fee for background
checks conducted pursuant to the Brady Handgun Control Act of
1993, or to implement a background check system that does not
require and result in the destruction of certain information
within 24 hours.
Includes language that delays the obligations of
any receipts deposited into the Crime Victims Fund in excess of
$705,000,000 until October 1, 2012.
Includes language that 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.
Includes language that prohibits the transfer of
funds 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.
Includes language that provides that funds
provided for E-Government Initiatives shall be subject to the
procedures set forth in section 505 of this Act.
Includes language that permanently requires the
Bureau of Alcohol, Tobacco, Firearms and Explosives to include
specific language in any release of tracing study data that
makes clear that trace data cannot be used to draw broad
conclusions about firearms-related crimes.
Includes language that 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.
Includes language that prohibits the issuance of
patents on human organisms.
Includes language that prohibits the use of funds
in this Act to be used to support or justify the use of torture
by any official or contract employee of the United States
Government.
Includes language that permanently prohibits the
use of funds to require certain export licenses.
Includes language that permanently prohibits the
use of funds to deny certain import applications regarding
``curios or relics'' firearms, parts, or ammunition.
Includes language that prohibits the use of funds
to include certain language in trade agreements.
Includes language that 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.
Includes language that 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.
Includes language that deems funds for
intelligence or intelligence related activities as authorized
by the Congress during fiscal year 2012 until the enactment of
the Intelligence Authorization Act for fiscal year 2012.
Includes language that requires the departments
and agencies funded in this Act to establish and maintain on
the homepages of their Internet websites direct links to the
websites of their Offices of Inspector General, and a mechanism
by which individuals may anonymously report cases of waste,
fraud or abuse.
Includes language that prohibits contracts or
grant awards in excess of $5,000,000 unless the prospective
contractor or grantee certifies that the organization has filed
Federal tax returns, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has no
unpaid Federal tax assessment, except in specified
circumstances.
Includes language that provides for rescissions of
unobligated balances in certain departments and agencies funded
in this Act.
Includes language that prohibits the use of funds
in this Act for the purchase of first class or premium air
travel.
Includes language that 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.
Includes language that prohibits the use of funds
in this or any other Act for the transfer or release of certain
individuals detained at Naval Station, Guantanamo Bay, Cuba, to
or within the United States, its territories or possessions.
Includes language that 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.
Includes language that prohibits the distribution
of funds contained in this Act to the Association of Community
Organizations for Reform Now or its subsidiaries.
Includes language that 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.
Includes language that requires tracking and
reporting of undisbursed balances in expired grant accounts.
Includes language that prohibits the use of funds
to relocate the Bureau of the Census or employees from the
Department of Commerce to the jurisdiction of the Executive
Office of the President.
Includes language that requires the Departments of
Commerce and Justice, the National Aeronautics and Space
Administration, and the National Science Foundation to submit
spending plans.
Includes language that prohibits the use of funds
by the National Aeronautics and Space Administration or the
Office of Science and Technology Policy to engage in certain
bilateral activities.
Includes language concerning regulations regarding
the importation of certain guns.
Includes language prohibiting funds to any
corporation that was convicted of a felony criminal violation
within the preceding 24 months.
Includes language prohibiting funds to any
corporation with certain unpaid Federal tax liabilities.
Includes language concerning regulations regarding
certain guns.
Includes language providing for an across-the-
board rescission.
Includes language that establishes a Spending
Reduction Account.
Appropriations Not Authorized by Law
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:
APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2012
[dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Appropriation
Agency/Program Last Year of Authorization in Last Year of Appropriations
Authorization Level Authorization in this Bill
----------------------------------------------------------------------------------------------------------------
Department of Commerce
International Trade Administration
Export Promotion........................ 1996 such sums $264,885 $450,106
Economic Development Administration
Salaries and Expenses................... 2008 such sums 30,832 37,924
Economic Development Assistance Programs
Public Works and Economic Development. 2008 425,000 249,100 *204,200
National Telecommunications and
Information Administration
Salaries and Expenses................... 1993 17,900 18,493 40,568
National Oceanic and Atmospheric
Administration
Operations, Research and Facilities
National Ocean Service
Coral Reef Conservation............. 2004 16,000 16,000 18,722
Coastal Zone Management............. 1999 55,100 58,500 74,630
Marine Protection, Research, 2005 40,000 57,958 46,853
Preservation & Sanctuaries.........
National Marine Fisheries Services
Endangered Species Act Amendment.... 1992 6,750
Marine Mammal Protection............ 1999 14,768
NOAA Marine Fisheries Program....... 2000 110,470
Pacific Coastal Salmon Recovery......... 2009 90,000 80,000 65,000
Department of Justice
General Administration
Salaries and Expenses................... 2009 181,561 105,805 72,338
Justice Information Sharing Technology.. 2009 204,152 80,000 44,307
Law Enforcement Wireless Communications. 2009 144,771 185,000 99,800
Administrative Review & Appeals
Salaries and Expenses................... 2009 243,291 270,000 300,084
Detention Trustee......................... 2009 1,858,509 1,295,319 1,515,626
Office of the Inspector General
Salaries and Expenses................... 2009 81,922 75,681 84,199
U.S. Parole Commission
Salaries and Expenses................... 2009 12,711 12,570 12,833
Legal Activities
General Legal Activities
Salaries and Expenses................. 2009 764,526 804,007 841,767
Antitrust Division
Salaries and Expenses................. 2009 162,488 157,788 162,844
U.S. Attorneys
Salaries and Expenses................. 2009 1,829,194 1,836,336 1,930,135
Foreign Claims Settlement Commission
Salaries and Expenses................. 2009 1,429 1,823 2,113
Fees and Expenses of Witnesses.......... 2009 203,755 168,300 270,000
Community Relations Service
Salaries and Expenses................. 2009 10,977 9,873 11,456
Assets Forfeiture Fund Current Budget 2009 22,000 20,990 20,948
Authority..............................
U.S. Marshals Service..................... 2009 900,178 954,000 1,134,136
Salaries and Expenses................... N/A N/A 950,000 1,123,511
Construction............................ N/A N/A 4,000 10,625
National Security Division
Salaries and Expenses................... N/A N/A N/A 87,762
Interagency Law Enforcement
Interagency Crime and Drug Enforcement.. 2009 744,593 515,000 527,512
Federal Bureau of Investigation........... 2009 6,480,608 7,301,191 8,075,973
Salaries and Expenses................... N/A N/A 7,147,700 7,994,991
Construction............................ N/A N/A 153,491 80,982
Drug Enforcement Administration
Salaries and Expenses................... 2009 1,930,462 1,939,084 2,297,658
Construction............................ N/A N/A N/A 10,000
Bureau of Alcohol, Tobacco, Firearms and
Explosives
Salaries and Expenses................... 2009 1,038,939 1,054,215 1,112,542
Federal Prison System..................... 2009 5,698,292 6,171,561 6,411,367
Salaries and Expenses................... N/A N/A 5,595,754 6,312,410
Buildings and Facilities................ N/A N/A 575,807 98,957
Office on Violence Against Women
STOP Grants............................. 2011 225,000 N/A 210,000
Transitional Housing Assistance....... 2011 40,000 N/A 18,000
Research & Evaluation on Violence N/A N/A N/A 3,000
Against Women........................
Grants to Encourage Arrest Policies..... 2011 75,000 N/A 55,000
Sexual Assault Victims Services......... 2011 50,000 N/A 20,000
Rural Domestic Violence & Child Abuse 2011 55,000 N/A 41,000
Enforcement............................
Violence on College Campuses............ 2011 15,000 N/A 9,500
Civil Legal Assistance.................. 2011 65,000 N/A 41,000
Elder Abuse Grant Program............... 2011 10,000 N/A 4,250
Safe Havens Program..................... 2011 20,000 N/A 11,663
Education & Training for Disabled Female 2011 10,000 N/A 5,750
Victims................................
Court Training and Improvements Program. 2011 5,000 N/A 5,000
Research on Violence against Indian 2008 1,000 940 1,000
Women..................................
Engaging Men and Youth in Prevention.... 2011 10,000 N/A 3,000
Services for Children/Youth Exposed to 2011 20,000 N/A 3,000
Violence...............................
Advocates for Youth/Services for Youth 2011 15,000 N/A 3,500
Victims (STARY)........................
Supporting Teens through Education and 2011 5,000 N/A 2,500
Protection program.....................
National Resource Center on Workplace 2011 1,000 N/A 1,000
Responses..............................
Indian Country--Sexual Assault N/A N/A N/A 500
Clearinghouse..........................
OVW Program Management and 2009 16,837 14,000 20,000
Administration.........................
Office of Justice Programs
Research, evaluation and statistics
Bureau of Justice Statistics.......... 1995 33,000 32,335 46,585
National Institute of Justice......... 1995 33,000 58,879 41,000
Regional information sharing.......... 2003 100,000 29,000 25,000
Missing and Exploited Children........ 2004 such sums 36,000 70,000
State and local law enforcement
assistance
Byrne Memorial Justice Assistance
Grants...............................
Domestic Radicalization Research.... N/A N/A N/A 5,000
Criminal Justice Reform and N/A N/A N/A 6,000
Recidivism Reduction...............
Presidential Nominating Convention N/A N/A N/A 4,000
Security...........................
Southwest Border Prosecutions......... N/A N/A N/A 25,730
Byrne Competitive Grants.............. N/A N/A N/A 15,000
Missing Alzheimer's Patient Grants.... 1999 900 898 2,000
Victims of Trafficking Grants (22 2011 10,000 N/A 10,500
U.S.C. 7110).........................
Victims of Trafficking Grants (42 2011 20,000 N/A 10,500
U.S.C. 14044c(d))....................
Drug Courts........................... 2008 70,000 15,200 40,000
Prescription Drug Monitoring.......... N/A N/A N/A 7,000
Prison Rape Prevention and Prosecution 2010 40,000 15,000 12,500
Residential Substance Abuse Treatment. 2000 72,000 61,677 15,000
Wrongful Conviction Review............ 2009 18,750 1,375 1,000
Tribal Assistance
Tribal Prison Construction.......... 2000 2,753 5,000 8,300
Indian Tribal Courts................ 2004 such sums 7,898 20,750
Indian Alcohol and Substance Abuse N/A N/A N/A 9,960
grants.............................
Legal Assistance.................... 2004 such sums N/A 2,490
CASA--Special Advocates............... 2011 12,000 N/A 6,000
Criminal Records Upgrade.............. 2007 250,000 9,873 6,000
Second Chance Act/Offender Reentry.... 2010 55,000 100,000 70,000
Juvenile Justice State Formula Grants. 2007 such sums 78,978 40,000
Juvenile Justice Youth Mentoring N/A N/A N/A 83,000
Grants...............................
Investigation and Prosecution Of Child 2005 49,300 15,000 15,000
Abuse................................
Methamphetamine Lab Cleanups.......... 2010 99,000 10,000 15,000
Transfer to DEA..................... see DEA S&E 10,000 15,000
above
DNA Initiative
Post-Conviction DNA Testing grants.. 2009 5,000 5,000 4,150
Child Sexual Predator program (for 2009 such sums 5,000 9,000
grants under SOMA [42 U.S.C. 16926]).
OJP Program Management and 2009 132,226 130,000 80,000
Administration.......................
Related Agencies
Commission on Civil Rights
Salaries and Expenses................... 1995 9,500 8,904 8,000
International Trade Commission
Salaries and Expenses................... 2004 57,240 58,295 81,696
Payment to the Legal Services Corporation
Salaries and Expenses................... 1980 205,000 300,000 300,000
Marine Mammal Commission
Salaries and Expenses................... 1999 1,750 1,240 3,025
Office of the U.S. Trade Representative
Salaries and Expenses................... 2004 33,108 41,552 51,251
State Justice Institute
Salaries and Expenses................... 2008 7,000 3,760 5,121
----------------------------------------------------------------------------------------------------------------
*Of the $220,000,000 in the bill for economic development assistance programs, $15,800,000 is for Trade
Adjustment Assistance for Firms, which was reauthorized through February 2, 2012 (19 U.S.C. 2349(b)). The
authorization for the remaining $204,200,000 has lapsed.
NOAA authorizations are spread across over 60 separate statutory authorities. In many cases, the
authorizations do not match exactly to specific programs. Indeed, several NOAA programs were authorized under
at least three different statutes, each covering different portions of the program.
The Committee provides a total of $10,500,000 for programs formerly authorized by 22 U.S.C. 7110 and 42 U.S.C.
14044c(d) and does not specify an amount for each 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
[In millions of dollars]
------------------------------------------------------------------------
302(b) Allocation This Bill1
-------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
------------------------------------------------------------------------
Comparision of amounts in
the bill with Committee
allocations to its
subcommittees of amounts in
the First Concurrent
Resolution of 2012:
Subcommittee on Commerce,
Justice, Science
General purpose 50,237 62,446 50,229 162,240
discretionary..........
Mandatory............... 272 284 272 284
------------------------------------------------------------------------
1Includes 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 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:
2012................................................... \1\36,616
2013................................................... 13,572
2014................................................... 3,237
2015................................................... 1,734
2016 and future years.................................. 2,118
------------------------------------------------------------------------
\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........................................... -4,178
Outlays.................................................... \1\-35
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.
Constitutional Authority
Pursuant to section 6(e) of the rules of the Committee on
Appropriations, the following statement is submitted regarding
the specific powers granted to Congress in the Constitution to
enact the accompanying bill:
The principal constitutional authority for this legislation
is clause 7 of section 9 of article I of the Constitution of
the United States (the appropriation power), which states: ``No
Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law . . .'' In addition, clause 1 of
section 8 of article I of the Constitution (the spending power)
provides: ``The Congress shall have the Power . . . to pay the
Debts and provide for the common Defense and general welfare of
the United States . . .'' Together, these specific
constitutional provisions establish the congressional power of
the purse, granting Congress the authority to appropriate
funds, to determine their purpose, amount, and period of
availability and to set forth terms and conditions governing
their use.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with fiscal year 2011 enacted amounts and budget estimates
presented for fiscal year 2012:
MINORITY VIEWS
We are deeply grateful for the Subcommittee Chairman's
laudable effort to make the best of a very difficult funding
allocation and we appreciate the open and bipartisan manner in
which he has approached the process this year. Even the best
process and the best of intentions, however, cannot make up for
the low allocation imposed on the Subcommittee, which was
based, of course, on the low allocation imposed on the
Appropriations Committee itself.
The annual Commerce, Justice, Science and Related Agencies
(CJS) Appropriations Act funds a diverse set of departments and
agencies with missions that are critical to the security and
economic competitiveness of the nation. Unfortunately, the bill
for FY 2012 approved by the Committee provides only $50.2
billion, a cut of $3.1 billion (5.8 percent) below FY 2011 and
$7.4 billion (12.9 percent) below the Administration's request.
This allocation is even below the FY 2007 level, severely
impacting many critical missions of CJS agencies.
Although the Chairman fully funded certain high priority
programs, including the Federal Bureau of Investigation, the
Office on Violence Against Women and the International Trade
Administration, the Subcommittee allocation simply does not
allow for adequate funding for the vast array of other
important programs in the bill. The Subcommittee's allocation,
in turn, was limited by the budget resolution passed by the
House, which took a ``cut first and ask questions later''
approach, with virtually no analysis of how the overall cut
would translate into reducing the capabilities of federal
agencies and programs. The consequences will be obvious. The
cuts will both impair the ability of CJS agencies to fulfill
their missions and increase future costs to taxpayers by
requiring those agencies to cancel certain contracts and
postpone some essential activities.
DEPARTMENT OF COMMERCE
Title I of the bill provides a total of $7.2 billion for
the Commerce Department, a decrease of $419.7 million below the
FY 2011 enacted level and $1.6 billion below the
Administration's request.
The International Trade Administration is funded at $450.2
million, a cut of $66.4 million below the request. This means
that the vast majority of the Commerce Department's portion of
the Administration's National Export Initiative--aimed at
creating American jobs by boosting exports--will remain
unfunded.
The Bureau of Industry and Security (BIS) receives $100
million, a cut of $11.1 million below the request. The BIS
requested funding to hire enforcement agents and intelligence
analysts to enhance the Bureau's ability to ensure that
sensitive technology exports do not end up in the wrong hands,
but this funding level will render BIS unable to hire
additional personnel, thus putting our economy and security at
further risk.
We are pleased that the bill provides up to $5 million to
the Economic Development Administration (EDA) for a new program
to provide loan guarantees to small and medium-sized businesses
to help develop innovative new products and new technologies.
The bill also provides $5 million for a new grant program to
relocate jobs back to the United States that had previously
been placed outside the United States. Funding is also
maintained for the Trade Adjustment Assistance for Firms
program. However, it is troubling that the bill cuts EDA as a
whole by $25.8 million (9 percent) below FY 2011 and $67.3
million (20.7 percent) below the request. This is an unwise
cut, in our judgment, particularly at a time when unemployment
remains high. The EDA helps distressed communities create jobs,
and the cut means EDA will have fewer resources to accomplish
this critical task.
The bill slashes Census Bureau funding by $170.3 million
(16.6 percent) below the request. The cut would greatly harm
the Bureau's ongoing work, including the 2012 Economic Census.
This important economic data-gathering effort ensures the
accuracy of Gross Domestic Product data and other key economic
indicators that are vital to the decisions of both government
policymakers and the private sector.
The budget cut would also harm the accuracy of the Census
Bureau's American Community Survey (ACS), which is the key
source of annual socio-economic and demographic data about the
nation used by decisionmakers in the private sector and at all
levels of government to make resource allocation decisions. In
a letter expressing support for fully funding the
Administration's request for ACS, the U.S. Chamber of Commerce
noted:
ACS data points are critical for business
decisionmaking and long range planning. The business
community uses census information daily to drive sound
investment decisions affecting the allocation of
resources throughout the country.
Furthermore, the cut to the Census Bureau's budget will
render it unable to begin early preparations for the 2020
Census that are needed to help minimize its eventual cost. As
the American Statistical Association noted in a recent letter
to the Appropriations Committee, ``cuts to the Census Bureau's
budget will cost taxpayers billions of dollars in the long run
. . . furthermore, because census data guide more than half a
trillion dollars in federal assistance, action that undermines
such data could prevent this assistance from reaching places
where it would be most helpful.'' The Census is an obligation
that Congress has been given under the Constitution, and should
be given a higher priority.
The bill cuts the National Institute of Standards and
Technology (NIST) by $50 million (6.7 percent) below FY 2011
and $301 million (30 percent) below the request. While the bill
maintains the Manufacturing Extension Partnership program at
the FY 2011 level and funds the National Innovation Marketplace
effort, other NIST programs are cut substantially. The bill
provides no funding for the Technology Innovation Program, the
Baldrige Performance Excellence Program, or the proposed new
Advanced Manufacturing Technology Consortia program. These
programs invest in American innovation and competitiveness.
The bill also cuts funding for NIST Scientific and
Technical Research and Services by $162.5 million below the
President's request. The reduction will render NIST unable to
fund an array of planned new initiatives designed to bolster
research in critical areas and to promote proven services to
strengthen U.S. manufacturing in high-value-added product
markets. Finally, NIST will be unable to fund its requested
$43.4 million initiative to strengthen the development and
promulgation of effective cybersecurity standards.
We are also very concerned about the substantial cuts to
NOAA programs. NOAA overall is funded in the bill at $4.5
billion, which is $56.9 million below FY 2011 and $1 billion
below the request. Within the NOAA Operations, Research, and
Facilities account, we are pleased that the Committee bill
fully funds the National Weather Service (NWS) at the
President's requested level of $908 million. However, the
operations, research, and facilities budgets of the NOAA units
outside of the NWS are cut by a total of $443.2 million (19.2
percent) below the FY 2011 enacted level, and $601.8 million
(24.4 percent) below the President's request. These cuts will
have significant consequences across a wide array of NOAA's
environmental and research efforts.
The NOAA Procurement, Acquisition, and Construction account
is increased by $368.4 million (27.6 percent) above FY 2011.
However, this amount is $351.7 million (17.1 percent) below the
level in the President's requests--and the requested level is
necessary to maintain the pace of work on NOAA's satellite
programs needed to minimize gaps in weather data coverage.
While funding for the Joint Polar Satellite System has been
increased substantially compared to FY 2011, it remains more
than $168 million below the level in the President's request.
Polar-orbiting weather satellites help provide critical weather
forecasting for the $700 billion maritime commerce sector. In
addition, they save approximately $200 million each year for
the aviation industry in ash forecasting alone, and these
satellites provide drought forecasts worth billions of dollars
per year to the farming, transportation, tourism, and energy
sectors. We are concerned that the anticipated future weather
data gap associated with NOAA's polar-orbiting weather
satellite--already expected to be up to a year--will be further
lengthened as a result of this cut to the President's budget
request.
In addition, the bill cuts funding for NOAA's GOES-R
geostationary weather satellite procurement by $50 million
below the request, which will likely result in launch delays to
this satellite as well. Geostationary weather satellites help
to accurately track life-threatening tornadoes, floods, and
hurricanes, as well as solar activity that can impact
satellite-based electronics, communications, and power
industries. We cannot afford data gaps in these areas.
The Committee mark cuts funding for the Jason-3 satellite
by $33 million, or 62 percent, below the request. This
satellite is designed to measure sea surface heights and help
forecast severe weather activity over the ocean. The Committee
mark provides no funding at all ($47.3 million was requested)
for the Deep Space Climate Observatory (DSCOVR) satellite,
which is designed to predict solar and deep space activity that
can negatively impact electrical power grids, communication
satellites, and aviation instruments. Finally, the Committee
mark provides no funding ($11.3 million was requested) for the
COSMIC-2 satellite, which provides measurement profiles of
atmospheric temperature, humidity, and pressure that are fed
into National Weather Service Numerical Weather Prediction
models.
When we consider the human and economic impact of not
having accurate weather data, combined with the inevitable
added cost to the taxpayer of delaying these procurements, it
becomes clear that these cuts below the President's request
must be restored.
DEPARTMENT OF JUSTICE
Title II of the bill provides a total $26.3 billion for the
Department of Justice (DOJ), a cut of $1.1 billion below the FY
2011 level and $2.4 billion below the budget request. While
some components of DOJ are level funded, this represents a cut
in real terms to ongoing missions and activities, the costs of
which continue to rise significantly from year-to-year.
Furthermore, DOJ's federal law enforcement and litigation
components received substantial supplemental funding in recent
years for additional agents, attorneys and other personnel
needed to address challenges along the southwest border, to
increase apprehensions of fugitive sex offenders, and for other
critical federal law enforcement priorities. Except for the
Federal Bureau of Investigation, the bill fails to provide the
funding for the full integration of these additional personnel.
By the end of FY 2012, if the funding levels in this bill were
to be enacted, DOJ would lose an estimated 7,500 positions, a
reduction of 6 percent, including law enforcement agents and
attorneys.
The DOJ General Administration account is cut by $46
million, or 39 percent, below the current level and $62 million
below the budget request; the cut will mean the loss of more
than half of the current staff of the Department's leadership
and policy offices, severely crippling the management of
federal law enforcement.
The Justice Information Sharing Technology appropriation is
cut by 18.5 percent below the request, which would disrupt
critical IT services--including cyber security safeguards--at a
time when cyber threats are becoming increasingly frequent and
severe.
The bill provides no increase for the Office of Federal
Detention Trustee (OFDT). This office pays the costs of
detaining individuals awaiting federal prosecution or transfer
to the Bureau of Prisons. The population of detainees has grown
by 6 percent since FY 2010, which translates to an increase of
3,000 detainees daily. In addition, the daily cost to house
detainees is expected to grow by 3 percent in FY 2011 and FY
2012. At the funding level in the bill, OFDT could only operate
through early September 2012 and U.S. attorneys could
potentially find their prosecution activities limited by the
inability to detain some of the alleged criminals they wish to
prosecute.
The U.S. Marshals Service (USMS) is also funded at the FY
2011 level, which is $121 million below the minimum amount
required to carry out its important missions in FY 2012. At
this funding level, USMS would have to furlough every employee
for three weeks during the year, severely impacting fugitive
apprehension, Adam Walsh Act enforcement, efforts to combat
violent gang crime, and judicial protection. Such limits on the
USMS would also exacerbate the funding pressures on OFDT, which
relies on USMS for transporting individuals for court
appearances and to federal prisons following sentencing.
Detainees would be in custody for at least 5 additional days
per sentenced-prisoner, resulting in additional costs of nearly
$23 million.
The Administrative Review and Appeals account, which
primarily funds the Executive Office of Immigration Review, is
also flat funded by the bill. Funding at this level would
result in the loss of all of the new immigration judges hired
over the last few years to help reduce the immigration case
backlog, and would lead to a significant increase in the number
of immigration matters pending adjudication, which currently
stands at 275,000. As the immigration case backlog increases,
the average number of days that Immigration and Customs
Enforcement (ICE) detains individuals will rise, with a
corresponding increase in ICE's detention costs. Meanwhile, the
bill provides no funding to expand the Legal Orientation
Program, which has been shown to speed the conclusion of
immigration court proceedings for program participants by an
average of 13 days, with a corresponding reduction in the cost
of detention.
The bill cuts $22.4 million, or 2.6 percent, from the
General Legal Activities account, which supports the various
DOJ legal divisions. These components require an $88 million
increase above the FY 2011 level, or $110 million more than in
the bill, to pay the cost of fully integrating the 300
attorneys added in 2010 and to continue the current pace of
prosecutions and litigation in defense of the United States.
The Tax Division would lose an estimated 56 attorneys; the
Criminal Division would lose an estimated 74 positions; and the
Civil Division could be forced to implement an 11-day,
division-wide furlough, equivalent to the loss of 55 positions,
which would impact major casework, including Deepwater Horizon
and Hurricane Katrina litigation. This cut below the current
services level would also impact the Treasury through reduced
tax enforcement activities and reduced civil and criminal
fines, as many more cases would have to be settled on terms
less favorable to the Government. In addition, more judgments
against, and penalties imposed on, the Government would result
in increased payouts from the Judgment Fund.
The bill provides no increase for the Executive Office for
United States Attorneys, which requires an additional $62
million to cover the cost of fully integrating new positions
added in 2009 and 2010 and to cover the inflationary costs of
investigations and prosecutions across the country. This
funding level would result in the loss of hundreds of
positions, likely impacting Southwest border enforcement and
Project Safe Childhood prosecutions, and would result in 11,000
(8 percent) fewer criminal cases and 3,000 fewer civil cases.
By the end of FY 2012, position vacancies would increase to an
estimated 1,000, and the result would be billions of dollars
lost to the federal government through the reduced collection
of civil and criminal debt.
The Committee report indicates that the bill increases
funding for the Drug Enforcement Administration (DEA). However,
this calculation includes DEA's fee revenue for diversion
control activities, which is mandatory funding not appropriated
in the bill. When counting only appropriated funding for DEA's
non-diversion control activities, the bill cuts DEA's budget by
$42 million, or 2.1 percent, which would result in DEA losing
at least 225 non-diversion positions, including 100 special
agents. Even when including all of DEA's funding sources, both
appropriated and fee revenue, the net new resources available
to DEA in FY 2012 would be slightly below the FY 2011 level
because the bill includes a rescission of $30 million from
DEA's prior year appropriations.
For the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF), the bill provides $1.1 billion, $57 million below the
current services level. ATF would experience a net loss of
approximately 400 positions at this funding level. In addition,
the bill makes permanent a number of provisions related to the
regulation of firearms, including the ``Tiahrt'' provision,
which the bill has carried on an annual basis in prior years.
No matter what one thinks of these provisions, the
Appropriations Committee has no business in making permanent
these controversial provisions that are properly under the
jurisdiction of the authorizing committee.
Funding for the Bureau of Prisons (BOP) is at least $188
million less than what BOP needs to cover the growth in costs
for housing an expanding population of inmates. At the funding
level provided in this bill, BOP would run out of money before
the end of the fiscal year. Further, this base funding
requirement does not include the extra $63 million BOP needs to
activate three newly-built prisons. While the Committee report
establishes an expectation that BOP will prioritize the
activation of new prisons, the reality is that these three
prisons will sit largely idle at a cost of $60 million just to
maintain them.
While the appropriation for the Buildings and Facilities
account is approximately at the FY 2011 level, the bill also
rescinds $110 million in prior year unobligated appropriations,
$75 million more than had been proposed by DOJ for FY 2012. DOJ
had proposed using the remainder of these unobligated funds for
the acquisition of a new, high security prison facility to help
mitigate the current 52 percent overcrowding rate at BOP's high
security facilities.
The burden of cuts in the bill falls disproportionately on
the State and local grant programs at the Department of
Justice, which are slashed by more than $1 billion, or 38
percent compared to FY 2011. Cuts to these grants represent
more than one third of the cuts in the entire bill, even though
grants made up only 4.6 percent of the bill for FY 2011.
Compared to FY 2010, these programs would be cut by nearly $2
billion, or 53 percent. As a result, State, local and tribal
governments would be starved for law enforcement and criminal
justice resources.
Second Chance Act programs are funded at $70 million, a 15
percent cut from the FY 2011 level and a 30 percent reduction
from FY 2010. Youth-oriented programs in the bill are cut by
$199 million, or 55 percent, including the outright elimination
of several programs.
The bill entirely eliminates funding for the Office of
Community Oriented Policing Services (COPS), including all
funding for the COPS hiring program, the Secure our Schools
program and COPS training and technical assistance activities.
The collection and dissemination of criminal justice
statistics and research on ``what works'' in criminal justice
are arguably the most fundamental role for the federal
government in helping state, local and tribal governments
improve criminal justice systems. Yet, the bill cuts funding
for the National Institute of Justice by 14 percent and cuts
the Bureau of Justice Statistics by 22 percent. Further, not
one of the new, evidenced-based grant programs proposed by the
Office of Justice Programs is supported in the bill.
SCIENCE
Title III of the bill provides a total of $23.6 billion for
Science programs, a cut of $1.7 billion below FY 2011 and $2.8
billion below the requested amount.
The bill provides only $3 million for the Office of Science
and Technology Policy (OSTP) in the Executive Office of the
President, a cut of $3.6 million, or 55 percent. Report
language directs OSTP to focus its remaining resources on the
coordination and improvement of Science, Technology,
Engineering, and Mathematics (STEM) education efforts across
the government. OSTP plays an important role in improving STEM
education and science and technology education is critical to
this country's ability to successfully compete globally.
However, OSTP has a much broader role in coordinating science
and technology policy across the executive branch, a role that
would be severely undercut by the funding level in this bill.
When we are asking agencies across the federal government to
find efficiencies and eliminate duplication, funding for
coordinating agencies such as OSTP should not be slashed.
The bill funds the National Science Foundation (NSF) at
approximately the FY 2011 level. We should keep in mind,
however, that the Rising Above the Gathering Storm report
prescribed a doubling of NSF funding that would have required a
34 percent higher funding level for NSF Research and Related
Activities in FY 2012 than the bill would provide, and 39
percent more funding for NSF overall. Level funding for NSF may
be a good outcome in the context of this bill's low funding
allocation, but not in terms of what we should be investing in
the basic research that is crucial to our economy. Compared to
the amount requested by NSF for FY 2012, the funding level in
the bill would lead to 2,200 fewer NSF grants and 26,000 fewer
graduate students, undergraduate students and teachers
supported.
The NSF Major Research Equipment and Facilities
Construction account is funded at only 44 percent of the
requested level. This dramatically lower funding level would
result in the termination of approximately $100 million in
contracts for work in progress on major facilities for
environmental and oceanographic research, and it means roughly
100 scientific and technical staff would be laid off. Supplier
companies would face even greater constraints. The associated
delays in construction would result in a $100 million increase
in the lifecycle costs of these projects, a prime example of
how the subcommittee's low funding allocation will translate
into greater costs to the taxpayer down the road.
NSF's Education and Human Resources directorate, which
plays a crucial role in the development of evidence-based STEM
education curricula and the nurturing of the country's future
STEM work force, is cut by $27 million, which is $77 million
below the request.
The bill provides a total of $16.8 billion for the National
Aeronautics and Space Administration, a cut of $1.7 billion
below FY 2011 and $1.9 billion below the request. While we are
pleased that funding is provided for a comprehensive,
independent assessment of NASA's strategic direction and agency
management, many of the funding cuts to NASA are very
problematic.
Within the NASA total, Science is cut by $435.9 million
(8.8 percent) below FY 2011. While the bill unfortunately
eliminates funding for the James Webb Space Telescope, we are
grateful for the chairman's commitment to consider funding this
effort later in the process. NASA has begun to address
management issues identified by the Independent Comprehensive
Review Panel, and new leadership is overseeing this project.
Nearly 75 percent of the spacecraft is already in fabrication;
this is not the time to pull the plug on the project. The James
Webb Space Telescope will be 100 times more powerful than the
Hubble Space Telescope, and will greatly advance our scientific
understanding of the universe, allowing us to see images of the
first glows (or glimmers of light) after the Big Bang.
The NASA Exploration account is cut by $303.3 million, or
7.7 percent, below the budget request. Within this overall
account, we are disappointed that funding for Commercial Crew
Development is cut by $538 million, or 63 percent, below the
level in the President's request. The requested level is
necessary for ensuring that American-built and operated
spacecraft will be able to transport astronauts to the
International Space Station (ISS) as soon as possible, so that
the United States can minimize the amount of time it needs to
rely on Russian Soyuz spacecraft for crew transportation to the
ISS. This funding cut is not a true savings; the United States
will need to pay Russia at least $63 million per seat, for a
longer period of time, to fly to the Space Station on Soyuz
spacecraft.
NASA Education is funded at $137.9 million, a cut of $7.6
million (5.3 percent) below FY 2011. We are pleased that the
Committee mark maintains funding for the Minority University
Research and Education Program at $31.4 million, an increase of
nearly $800,000 above the FY 2010 level. However, we are
disappointed that there are very significant cuts below FY 2010
in the NASA Space Grant program (-$18.9 million, or 41.4
percent) and the Experimental Program to Stimulate Competitive
Research (EPSCOR) program (-$15.8 million, or 63 percent).
RELATED AGENCIES
Title IV provides a total of $815 million for the bill's
related agencies, a cut of $103 million below FY 2011 and $177
million below the request.
The establishment of justice is one of six primary purposes
identified in the Preamble to the Constitution. The access to
justice mission of the Legal Services Corporation (LSC),
therefore, is among the most important of all the agencies
funded through the bill. Therefore, we are deeply disturbed
that the bill provides only $300 million for LSC, a cut of $104
million or 26 percent. FY 2012 funding would be equal to the
LSC appropriation in FY 1999. A cut of this magnitude would
result in 235,000 fewer eligible Americans having access to
legal services. This cut falls predominately on some of the
most vulnerable members of our society, with women and children
representing three out of four users of legal services.
The bill provides $366 million for the Equal Employment
Opportunity Commission, $19 million below the request. Funding
at this level would require a furlough of the entire EEOC
workforce for nearly four weeks, and would result in the loss
of 20 trial attorneys, 30 to 40 fewer cases filed, and a 13
percent increase in the pending charge inventory.
COMMITTEE AMENDMENTS
During Committee consideration of the bill, two amendments
were adopted that we find particularly troubling. First, the
Committee adopted an amendment that would prevent the
enforcement of a reporting requirement finalized by the Office
of Management and Budget just days before Committee
consideration of the bill. Under this new requirement, firearms
dealers would report multiple sales of certain semi-automatic
rifles--those greater than .22 caliber that also have the
ability to accept a detachable magazine--to the same individual
within a five-day period in the four Southwest border states.
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 like. The very narrow expansion of the existing
reporting requirement is 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.
Another amendment adopted in Committee would also prohibit
the Executive Branch from carrying out its legal
responsibilities under federal law. The Department of Justice
is responsible for enforcing the Gun Control Act of 1968, and
under that law, firearms cannot be imported if they have
characteristics that are not consistent with sporting purposes.
In recent years, however, there has been a certain amount of
confusion about how the Gun Control Act should be applied to
shotguns with characteristics that are similar to military
style or law enforcement style rifles and, in effect, this
uncertainty has made shotgun importers very cautious about what
they import.
In January of this year, ATF published a study which
concluded that shotguns with certain characteristics--such as a
grenade launcher mount, a flash suppressor, a magazine with
more than five rounds or a drum magazine--are not designed for
sporting purposes and should not be imported. This is
consistent with the criteria used for rifles. The new rule,
which has not yet gone into effect, will provide certainty to
importers while it would have no impact on the ability to
manufacture, sell or distribute domestically-made shotguns.
This Committee simply has no business in tying the hands of
law enforcement agencies as they attempt to carry out federal
law. If Members want to change the laws of the land, there is a
process for that, and it begins with the authorizing
committees.
We want to reiterate our appreciation for the Subcommittee
Chairman's adherence to regular order in drafting the bill and
throughout the appropriations process. It is all the more
unfortunate, therefore, that the process has been unable, so
far, to overcome the limitations imposed by the bill's
inadequate allocation. Funding levels throughout the bill would
have significant deleterious consequences on the basic
capabilities and missions of the bill's departments and
agencies--missions that are fundamentally important to the
security and economic competitiveness of the -Nation.
Norm Dicks.
Chaka Fattah.