California Institute Special Report — FY 2010 Commerce, Justice, Science Appropriations




        On June 18, 2009, the House of Representatives passed H.R. 2847, the FY2010 Appropriations for the Departments of Commerce and Justice, and Science and Related Agencies (H.Rpt. 111-149). The vote was 259-157. The bill provides $64,637,341,000 in new obligation authority, of which $222,300,000 is for mandatory programs. The amounts recommended by the Committee total $64,415,041,000, $197,270,000 below the budget request and $6,763,530,000 above fiscal year 2009 appropriations, excluding emergency supplemental appropriations.

        The following is a quick analysis of the bill from a California perspective prepared by the California Institute. The ordering of items generally reflects their appearance in the bill and does not mean to imply any relative importance.


        For the Department of Commerce, the Committee recommends a total of $13,847,433,000, an increase of $4,579,916,000 over the fiscal year 2009 enacted level. Included in that funding is the following:

Economic Development Administration

        The bill provides $293,000,000 for the Economic Development Administration, an increase of $9,000,000 over the request.

        Trade Adjustment Assistance (TAA)

        The Committee Report states: “While the Committee supports this program and the recently enacted authorization, EDA must undertake efforts to improve overall organization, implementation and evaluation of its program before significant new investments can be recommended by the Committee. In 2007, the Congressional Research Service reported that 61 percent of program funds were spent on administration and TAA center (TAAC) operations, not on the projects for which firms applied for assistance. The report states that EDA is unable to monitor and evaluate the performance of either firms assisted or the TAACs, resulting in limited evidence to determine program successes. The Committee therefore directs EDA to institute such an evaluative process and provide quarterly reports on the number of firms assisted, how that assistance is quantified, and

the value each TAAC adds to the process.”


Bureau of the Census

        Census will receive $7,374,731,000 for the an increase of $4,234,881,000 above fiscal year 2009, and the same level as the budget request.

        The Report states: “The Committee is concerned that the Census Bureau has not adequately planned for assistance in languages other than Spanish for the 2010 Census and the ACS, which may result in an inaccurate count of limited English proficient and immigrant communities. The Census Bureau should provide the Committee with updates on a semi-annual basis on its language assistance program, including information on how it will reach and assist respondents who speak Asian, American Indian and Alaska Native languages, Spanish, and other languages spoken by ethnic immigrants in the United States for the ACS and the 2010 Census.

National Institute of Standards and Technology

        NIST is funded at $781,100,000, which includes $194,600,000 for the Manufacturing Extension Partnerships and the Technology Innovation Program. The bill includes $510,000,000 for scientific and technical research, which is $38,000,000 over fiscal year 2009;

National Oceanic and Atmospheric Administration

        NOAA is funded at $4,602,941,000, which is $237,745,000 above fiscal year 2009 and $129,125,000 over the Administration’s request.

        Included in the funding is $300,000 for the California State Coastal Conservancy in Oakland for the California Seafloor Mapping Program.

        Funding of $2.5 million is also provided for the NOAA Office of Education in Monterey for the California Bay Watershed Education and Training Program (B-WET).

        San Jose State University is provided 180,000 for training the Next Generation Weather Forecasters.

National Marine Fisheries Service (NMFS)

        The recommendation provides $915,865,000 for NMFS operations, research and facilities, which is $25,223,000 above the request. Included in NMFS funding, is $300,000 for the Marine Mammal Center in Sausalito for response and investigation of the pinniped populations in the Pacific.

Protected Species Research and Management

        The recommendation includes $65,987,000 for an expanded species recovery grants program, which is $5,000,000 above the request.

Pacific Coastal Salmon Recovery

        The Report states: “The Committee recommendation proposes to fund the activities of this program with the competitive protected species recovery fund of the National Marine Fisheries Service (NMFS). The new species recovery fund specifically targets endangered, threatened, and at-risk marine species, including salmon.


        For the Department of Justice the Committee recommends a total of $27,746,672,000, an increase of $672,762,000 over the budget request and $1,659,051,000 over the fiscal year 2009 enacted level.

United States Attorneys

        Southwest border enforcement – Within funds provided, the Committee includes the requested programmatic increase of $8,127,000 and 75 positions to strengthen prosecutions of criminal enterprises, including human, drug, and weapon smuggling, along the southwest border.

Federal Prison System

        The bill provides no less than $49,424,000 to activate FCI Mendota, including all net new staffing that will be required to operate the facility.

        The Report states: “The Committee directs BOP to work cooperatively with the Department of Homeland Security to transfer expeditiously the estimated 850 ICE detainees who are currently housed in the Federal Prison System, or to obtain prompt and fair reimbursement from ICE for the costs of incarcerating them.”

State and Local Law Enforcement Activities

        The bill provides $3,423,988,000 for State and local law enforcement and crime prevention grant programs, which is $196,888,000 more than the fiscal year 2009 funding level and $670,500,000 above the budget request.

Office of Justice Programs

        The Committee recommends $2,221,988,000 for the Office of Justice Programs, which is $643,500,000 above the budget request and $155,388,000 above the fiscal year 2009 enacted level.

Justice Assistance

        The Committee recommends $226,000,000, which is $6,000,000 above the fiscal year 2009 enacted level and $1,000,000 above the budget request.

State and Local Law Enforcement Assistance

        The Committee recommends $1,312,500,000 for State and Local Law Enforcement Assistance programs, which is $16,000,000 below the fiscal year 2009 enacted level and $584,500,000 above the request. Within that funding is the following:

        Edward Byrne memorial justice assistance grant program.—The Committee recommends $529,000,000 for activities under the Edward Byrne Memorial Justice Assistance Grant (JAG) program.

        Byrne discretionary grants.—The Committee provides $124,000,000 for Byrne discretionary grants to prevent crime, improve the criminal justice system, provide victims’ services, and for other similar activities.

        Within the Byrne discretionary grant funding are the following congressionally-mandated items:

        – CA Dept. Of Justice – Gang Suppression Enforcement Team Project – $100,000

        – CA Dept. Of Justice – Riverside Gang Suppression Enforcement Team – $250,000

        – Center Point, Inc., San Rafael – Re-Entry and Community Integration Services – $250,000

        – Chabad of Riverside – Project PRIDE – $400,000

        – Chapman University, Orange, CA – Domestic Violence Clinic – $100,000

        – Chrysalis-Changing Lives Through Jobs, LA – Ex-Offender and Homeless Job Training Initiative – $500,000

        – City of Adelanto, CA – Emergency Operations Center – $375,000

        – City of Carlsbad – Joint First Responders Training Facility – $300,000

        – City of Colton – Police Department Back-Up Generator – $200,000

        – City of Escondido – Mobile Data Computer Infrastructure – $200,000

        – City of Folsom – Emergency Operations Center – $250,000

        – City of Glendale – Interagency Communications Interoperability System, Glendale/Burbank – $500,000

        – City of LA – Domestic Abuse Response Team (DART) – $100,000

        – City of LA – Gang Reduction Youth Development Zone – Pacoima – $100,000

        – City of LA – Community law Enforcement and Recovery Program – $500,000

        – City of LA – Rape Kit Backlog Elimination Program – $500,000

        – City of Moreno Valley – Gang Prevention Program – $500,000

        – City of National City – Homeless Outreach Program and Enforcement Project – $95,000

        – City of San Bernardino – Phoenix Neighborhood Initiative – $500,000

        – City of San Fernando – School Resource Officer Program – $450,000

        – City of San Jose – Skills to Succeed Prisoner Re-Entry Pilot Project – $400,000

        – City of Stockton – Operation Peacekeeper Gang Outreach Program – $200,000

        – City of Westminster – Asian Criminal Enterprise Initiative – $290,000

        – Conservation Corps of Long Beach – Environmental Job Training Program for Youth At-Risk in Southeast LA County – $100,000

        – County of LA Sheriff’s Department – Monterey Park – Rape Kit Backlog Reduction Program – $1,000,000

        – County of Monterey, Salinas – Street and Anti-Gang Project (aka: Gang Task Force) – $500,000

        – County of San Diego, District Attorney – DA Gang & Crime Investigation & Prosecution – $200,000

        – County of San Diego, Sheriff’s Dept. – Regional Gang Enforcement Collaborative – $350,000

        – Covenant House, Oakland – Covenant House, Oakland Housing and Career Center – $250,000

        – East Bay Community Law Center, Berkeley – Clean State Clinic for Community Re-Entry and Reintegration – $250,000

        – Hope Through Housing Foundation, Rancho Cucamonga – After School & Beyond Violence Prevention – $850,000

        – Men of Valor Academy, Oakland – Juvenile Delinquency Prevention Center for Building Our Community Green – $100,000

        – Orange County Human Trafficking Task Force, Westminster – Victim and Outreach Services Enhancements – $220,000

        – Peralta Community College District, Oakland – Oakland Center for Public Safety at Merritt College – $125,000

        – Rio Hondo College, Whittier – Regional Homeland Security Training Center Initiative – $300,000

        – Sacramento Police Department – Cold Case Justice Project – $100,000

        – San Diego Second Chance Program – Prisoner Reentry Employment Program – $400,000

        – San Francisco DA – Reentry Center – $750,000

        – San Jose State University Research Foundation – Community Collaborative Response to Victims of Domestic Violence – $440,000

        – Criminal Justice Training Center, Golden West College, Huntington Beach – Virtual Interactive Training Simulator – $900,000

        – Ventura County DA – DNA Cold Case Prosecution Unit – $570,000

        – Ventura County Sheriff – Regional Gang Unit – Forensic Scientists – $80,000

        – YWCA of Silicon Valley, San Jose – YWCA Rape Crisis Center – $200,000

        – YWCA of Silicon Valley, San Jose – Human Trafficking Victim Support Center – $450,000

State Criminal Alien Assistance Program (SCAAP)

        The Committee recommends $300,000,000 for reimbursement to States and localities for their costs for incarcerating criminal aliens, a decrease of $100,000,000 below the fiscal year 2009 level. The Administration proposed the elimination of the program. California historically has received about 40 percent of the program funds.

        [In Additional Views to the Report submitted by Reps. Jerry Lewis (Redlands) and Frank Wolf (VA), they stated: “While the bill includes more than $600 million above the request for State and local law enforcement accounts, the amount for the State Criminal Alien Assistance Program (SCAAP) is reduced by $100 million from the fiscal year 2009 level of $400 million. It is a Federal responsibility to secure the border, yet the burden of costs for incarcerating criminal aliens falls overwhelmingly on States and localities. The rising costs incurred by local jurisdictions to incarcerate undocumented criminal aliens are putting enormous pressure on State and local budgets. We hope that, as the bill moves forward, SCAAP funding can be restored to at least the fiscal year 2009 level.”

        [During floor consideration of the bill, the House adopted an amendment offered by Chairman Alan Mollohan (WVA) that added $100 million to SCAAP funding, for a total of $400 million, the same as last year. The Senate Appropriations Committee recommended $228 million in SCAAP funding in its bill, also H.R. 2847, but S.Rpt. 111-34.]

Southwest Border Prosecutions

        The Committee recommends $30,000,000, equal to the fiscal year 2009 level and the budget request, to provide assistance to State and local law enforcement (including prosecutors, probation officers, courts, and detention facilities) along the southwest border related to the investigation and prosecution of drug and alien cases referred from Federal arrests.

Juvenile Justice Programs

        The Committee recommends $385,000,000 for Juvenile Justice Programs, which is $68,000,000 above the request and $11,000,000 above the fiscal year 2009 level.

        Part B—State formula grants.—The Committee provides $75,000,000 for grants to implement comprehensive State juvenile justice plans, including community-based prevention and intervention programs and activities for juvenile offenders. This amount is equal to the fiscal year 2009 level and the request.

        Part E—discretionary grants.—The Committee includes $68,000,000 for Part E discretionary grants for activities related to juvenile justice and at-risk youth. Congressionally-designated activities include:

        – A Place Called Home, LA – Health, Nutrition & Well-Being Program – $300,000

        – ABC Unified School District, Cerritos – Hawaiian Gardens Gang Prevention/Drop Out Intervention Program – $100,000

        – Alameda County Social Services, Oakland – Family Visitation Center $200,000

        – Aztecs Rising, LA – Gang Intervention Program – $225,000

        – Boys & Girls Club West San Gabriel Valley, Monterey Park – Life Skills Development Program for At-Risk Youth – $75,000

        – CASA Serving Lancaster, Monterey Park – Court Appointed Special Advocates Program – $300,000

        – Centinela Youth Services, Hawthorne – Parent Efficacy Program – $200,000

        – Chabad of San Jose, Los Gatos – Prevention, Resource, Information and Drug Education Project – $200,000

        – Chabad of the Valley, Tarzana – Prevention, Resource, Information and Drug Education Project – $100,000

        – City of Chino – Chino Experience Teen Center – $150,000

        – City of East Palo Alto – Violence Prevention Initiative – $200,000

        – City of Long Beach – Youth Career Academy – $300,000

        – City of Pasadena – Neighborhood Outreach Workers (NOW) Program – $250,000

        – City of Sacramento – Attendance Centers – $280,000

        – City of Victorville – Uturn Gang Prevention Strategy – $82,000

        – CASA, Monterey Park – Court Appointed Special Advocate Program for Infants and Toddlers – $375,000

        – CASA, Monterey Park – Court Appointed Special Advocates Recruitment for 38th District – $200,000

        – Eden Housing, Hayward – Digital Connectors At-Risk Youth Program Expansion – $575,000

        – Los Angeles – Gang Alternatives Program for Southeast LA County – $135,000

        – Girl Scouts of Greater LA, Arcadia – VIVA California – $115,000

        – Hollenbeck Police Activities League, LA – Hollenbeck PAL-Youth Crime Prevention – $250,000

        – i-SAFE, Inc., Carlsbad – i-SAFE e-Safety Education and Outreach Initiative – $630,000

        – LA County Department of Children & Family Services – Independent Living Program, San Gabriel Valley – $250,000

        – LACER, LA 0 At the Park After Dark – $75,000

        – Long Beach Community College District – Business Training for At-Risk Youth in Watts-Willowbrook – $100,000

        – Martin Luther King Jr. Freedom Center, Oakland – Youth Non-Violent Leadership Program – $250,000

        – National Council on Crime & Delinquency, Oakland – Juvenile Delinquency Prevention Center for Asian Pacific Islander Youth – $100,000

        – Olive Crest Treatment Centers, Santa Ana – Independent Living Skills for At-Risk Youth – $500,000

        – Pasadena Symphony Association, Pasadena – Music Access and Education for At-Risk Youth – $75,000

        – Phoenix Academy, Lake View Terrace – Strengthening Family and Mental Health Services for Underserved Youth in LA County – $800,000

        – Phoenix Academy of Orange County, Santa Ana – Strengthening Family and Substance Abuse Services for At-Risk Youth – $230,000

        – Project Avary (Alternative Ventures to At-Risk Youth), Novato – Building Skills and Capacity of Children of Prisoners – $125,000

        – Richmond Black Firefighters Association – Richmond Youth Academy – $250,000

        – Richmond Police Activities League – Changing Habits, Attitudes & Mind Program (CHAMP) – $390,000

        – San Fernando Valley Partnership – Chicas in Control and Succeeding – $450,000

        – Santa Clara County of Education – Information Network for Student Success – $400,000

        – Save Our Future, Inc., LA – Save Our Future/Mothers on the March After-School Program, Intervention & Enrichment – $400,000

        – Superior Court of California, County of Santa Clara, San Jose – Santa Clara County Delinquency Model Court – $170,000

        – Turning the Hearts Center, Chula Vista – Turning the Hearts Center Project – $100,000

        – YMCA of Burbank – Youth Development and Government Program – $45,000

        – YWCA Greater Los Angeles – Project Empowerment – $100,00

        – YWCA Pasadena – Development and Education Program for At-Risk Girls – $75,000

Community Oriented Policing Services

        The Committee recommends $802,000,000 for COPS programs, which is $251,500,000 over the fiscal year 2009 enacted level and $41,000,000 above the request. That funding includes

$298,000,000 to put new police officers on the beat.

Law enforcement technologies and interoperable communications.— The Committee includes $123,000,000 for grants to State, local, and tribal law enforcement to develop and acquire effective technologies and interoperable communications that assist in the prevention and response to crime. The following congressionally-designated activities are included:

        – California Dept. Of Justice – Mobile Live Scan Fingerprint Devices for LA and Orange Counties – $100,000

        – City and County of San Francisco – Gun Location Technology and Policing Project – $750,000

        – City of Banning – Multi-Agency Interoperability Capability – $300,000

        – City of Corona – Interoperability Upgrades for the City of Corona Police Department – $150,000

        – City of Gardena – Public Safety Surveillance – $350,000

        – City of Glendale – Foothill Regional Forensic DNA Lab – $500,000

        – City of Highland – Police Technology Program – $500,000

        – City of Long Beach – Forensic Investigation Equipment – $100,000

        – City of Monterey Park – Police Communications Upgrade – $250,000

        – City of Newark – Public Safety Interoperability Program – $200,000

        – City of Oakland – Automatic Vehicle Locating (AVL) Systems – $250,000

        – City of Oxnard – Comprehensive Critical Assets Remote Surveillance Program – $300,000

        – City of Redlands – Police Information Technology Infrastructure – $350,000

        – City of Redondo Beach – Emergency Operations Center – $200,000

        – City of Rialto Police Department – Surveillance Cameras – $300,000

        – City of Riverside Public Utilities – Infrastructure Video Security – $1,000,000

        – City of San Diego – Crime Lab Technology – $200,000

        – City of San Jose – Mobile Data Computer Replacement – $710,000

        – City of Calaveras, San Andreas – Law Enforcement Radio and Data Communications – $1,250,000

        – County of Fresno – Regional Data Interoperability – $150,000

        – County of Kings, Hanford – Interoperable Emergency Communications System – $300,000

        – East Bay Regional Communications System Authority, Dublin – East Bay Regional Communications System – $1,050,000

        – Eastern Riverside County Interoperable Communications Authority, Indio – Law Enforcement Technology and Equipment – $500,000

        – Inyo County, Independence – Emergency Operations Center – $240,000

        – Mendocino County, Ukiah – Public Safety Microwave System Phase II: Expansion – $250,000

        – Riverside County Sheriff – Night Vision Binoculars for the Riverside County Sheriff’s Department – $700,000

        – Riverside County Sheriff – Digital Management System – $450,000

        – San Bernardino County Sheriff – Scientific Investigations Division – $500,000

        – San Diego County – Regional Communications System (RCS) Upgrade – $1,200,000

        – San Francisco Department of Emergency Management – Bay Area Regional Interoperable Communications System – $750,000

        – San Mateo County Sheriff’s Office, Redwood City – Mobile Emergency Command Center – $300,000

        – San Pablo Police Department – Gunshot Location System – $360,000

        – Santa Clara County, San Jose – Criminal Justice Information Control Law & Justice Systems Plan – $1,000,000

        – Stanislaus County and City of Modesto – Regional Operability for Public Safety Communications – $250,000

Methamphetamine enforcement and clean-up

        The Committee recommends $32,000,000 for activities to address public safety and methamphetamine manufacturing, sale, and use in ‘‘hot spots.’’ Within the funds provided, the Committee includes $10,000,000 for transfer to the Drug Enforcement Administration 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. Included are the following congressionally-designated activities:

        – California Dept of Justice – San Diego Methamphetamine Strategy (CALMS) – $250,000

        – California Dept of Justice – Meth Enforcement/Interdiction in San Bernardino County – $600,000

        – California Dept of Justice – California Methamphetamine Strategy (CALMS) – $500,000

        – Contra Costa County, Martinez – Methamphetamine Eradication and Suppression Program – $200,000

        – Ventura County Sheriff – California Multi-Jurisdictional Methamphetamine (CALMMET) Investigators – $350,000


National Aeronautics And Space Administration

        The Committee recommendation includes $18,203,300 for NASA, $482,700,000 below the request and $420,915,000 above the comparable fiscal year 2009 enacted level.

        Science Mission Directorate – For fiscal year 2010, the Committee recommends $4,496,100,000, an increase of $18,900,000 above the budget request, and $6,919,000 below the fiscal year 2009 comparable levels.

        Education Mission Directorate – The Committee Report states: “The Committee rejects the Administration’s proposal to cut NASA’s education programs from comparable fiscal year 2009 enacted levels. The 2005 National Academies’ report, Rising Above the Gathering Storm, noted that the scientific and technological building blocks of the United States’ economic leadership are eroding at a time when other nations are gathering strength. The necessary key identified in the report is to improve America’s talent pool by vastly improving Kindergarten through twelfth grade science and mathematics education. In addition, a recent congressionally- mandated task force found that by the end of this year, over one-quarter of the U.S. aerospace workforce will be eligible to retire, with too few engineers graduating from college to replace them. A continuing dearth of students and graduates in math, science and engineering cannot be sustained. Short-term cuts in education programs have long-term effects. Accordingly, for fiscal year 2010, the Committee recommends $175,000,000, an increase of $48,900,000 over the budget request, and $5,800,000 over comparable fiscal year 2009 enacted levels.”

        Within the appropriation for cross-agency support programs, the Committee recommendation provides for the following Congressionally-directed activities:

        – FOTO, Los Angeles – Science Education Programming – $200,000

        – Loma Linda University Medical Center – Space Radiation Health Research Program – $2,800,000

National Science Foundation

        The Committee bill provides $6,936,510,000 for the National Science Foundation, an increase of 6.9 percent over the fiscal year 2009 enacted level, which maintains NSF on a doubling path. Within this level, $862,900,000 is recommended for education programs of NSF, such as Noyce Scholarships, the math and science partnership program, and support for hands-on, inquiry-based instruction.

        The Committee Report states: “The Committee directs the Foundation to convene a panel of experts to survey U.S. pre-K to 12 schools that are highly successful in science, technology, engineering and mathematics (STEM) education and a sampling of corresponding institutions abroad and report recommendations to Congress on how their STEM education practices might be more broadly replicated in the U.S. public school system. The membership of the panel should include educators, businesspersons, scientists, engineers and others, based on their expertise and contributions in the aforementioned fields. The Foundation shall submit a report of the findings and recommendations of this panel to the Committee within 180 days of the enactment of this Act.”




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