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Senate Hearings Before the Committee on Appropriations

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Senate Hearings Before the Committee on Appropriations S. HRG. 110–329 Senate Hearings Before the Committee on Appropriations Commerce, Justice, Science, and Related Agencies Appropriations Fiscal Year 2008 110th CONGRESS, FIRST SESSION H.R. 3093/S. 1745 DEPARTMENT OF COMMERCE DEPARTMENT OF JUSTICE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION NATIONAL SCIENCE FOUNDATION NONDEPARTMENTAL WITNESSES Commerce, Justice, Science, and Related Agencies Appropriations, 2008 (H.R. 3093/S. 1745) S. HRG. 110–329 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2008 HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION ON H.R. 3093/S. 1745 AN ACT MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COM- MERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, AND FOR OTHER PUR- POSES Department of Commerce Department of Justice Equal Employment Opportunity Commission National Aeronautics and Space Administration National Science Foundation Nondepartmental Witnesses Printed for the use of the Committee on Appropriations Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html U.S. GOVERNMENT PRINTING OFFICE 33–908 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON APPROPRIATIONS ROBERT C. BYRD, West Virginia, Chairman DANIEL K. INOUYE, Hawaii THAD COCHRAN, Mississippi PATRICK J. LEAHY, Vermont TED STEVENS, Alaska TOM HARKIN, Iowa ARLEN SPECTER, Pennsylvania BARBARA A. MIKULSKI, Maryland PETE V. DOMENICI, New Mexico HERB KOHL, Wisconsin CHRISTOPHER S. BOND, Missouri PATTY MURRAY, Washington MITCH MCCONNELL, Kentucky BYRON L. DORGAN, North Dakota RICHARD C. SHELBY, Alabama DIANNE FEINSTEIN, California JUDD GREGG, New Hampshire RICHARD J. DURBIN, Illinois ROBERT F. BENNETT, Utah TIM JOHNSON, South Dakota LARRY CRAIG, Idaho MARY L. LANDRIEU, Louisiana KAY BAILEY HUTCHISON, Texas JACK REED, Rhode Island SAM BROWNBACK, Kansas FRANK R. LAUTENBERG, New Jersey WAYNE ALLARD, Colorado BEN NELSON, Nebraska LAMAR ALEXANDER, Tennessee CHARLES KIEFFER, Staff Director BRUCE EVANS, Minority Staff Director SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES BARBARA A. MIKULSKI, Maryland, Chairman DANIEL K. INOUYE, Hawaii RICHARD C. SHELBY, Alabama PATRICK J. LEAHY, Vermont JUDD GREGG, New Hampshire HERB KOHL, Wisconsin TED STEVENS, Alaska TOM HARKIN, Iowa PETE V. DOMENICI, New Mexico BYRON L. DORGAN, North Dakota MITCH MCCONNELL, Kentucky DIANNE FEINSTEIN, California KAY BAILEY HUTCHISON, Texas JACK REED, Rhode Island SAM BROWNBACK, Kansas FRANK R. LAUTENBERG, New Jersey LAMAR ALEXANDER, Tennessee ROBERT C. BYRD, West Virginia (ex officio) THAD COCHRAN, Mississippi (ex officio) Professional Staff GABRIELLE BATKIN ERIN CORCORAN KEVIN KIMBALL DOUGLAS DISRUD ART CAMERON (Minority) ALLEN CUTLER (Minority) GOODLOE SUTTON (Minority) AUGUSTA WILSON (Minority) Administrative Support ROBERT RICH (II) CONTENTS THURSDAY, MARCH 1, 2007 Page Department of Commerce: Office of the Secretary ...................................................................................... 1 National Institute of Standards and Technology ........................................... 32 U.S. Patent and Trademark Office ................................................................. 40 THURSDAY, MARCH 8, 2007 Department of Commerce: National Oceanic and Atmospheric Administra- tion ........................................................................................................................ 117 National Science Foundation .................................................................................. 131 THURSDAY, MARCH 15, 2007 National Aeronautics and Space Administration .................................................. 161 THURSDAY, APRIL 19, 2007 Department of Justice: Bureau of Alcohol, Tobacco, Firearms and Explosives .................................. 197 Drug Enforcement Administration .................................................................. 209 United States Marshals Service ...................................................................... 226 THURSDAY, APRIL 26, 2007 Department of Justice: Federal Bureau of Investigation ..................................... 295 THURSDAY, MAY 3, 2007 Equal Employment Opportunity Commission ....................................................... 343 Nondepartmental Witnesses ................................................................................... 381 (III) COMMERCE, JUSTICE, SCIENCE, AND RE- LATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2008 THURSDAY, MARCH 1, 2007 U.S. SENATE, SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, Washington, DC. The subcommittee met at 10 a.m., in room SD–192, Dirksen Sen- ate Office Building, Hon. Barbara A. Mikulski (chairman) pre- siding. Present: Senators Mikulski, Kohl, Reed, Shelby, and Alexander. DEPARTMENT OF COMMERCE OFFICE OF THE SECRETARY STATEMENT OF THE HONORABLE CARLOS M. GUTIERREZ, SEC- RETARY OPENING STATEMENT OF SENATOR BARBARA A. MIKULSKI Senator MIKULSKI. Good morning, the Subcommittee on Com- merce, Justice, Science, and Related Agencies will come to order. This is the first time in 13 years that I assume the chair of this subcommittee, and it’s a great honor, and it’s a bit of an emotional moment. In 1994, the power transferred to the other party, and in those 13 years, much has changed. Our economy has certainly changed, the challenges to our country have certainly changed, the jurisdic- tion and scope of this subcommittee has expanded. The one thing that will not change, is the enduring spirit of bi- partisanship that has always been characteristic of this sub- committee, working as I did at VA/HUD, with Senator Bond, and last year with my esteemed colleague, Senator Shelby. We see our- selves as a partnership, on promoting what is right, and so this sense of cordiality, consultation, and civility will continue to be an enduring principle of this subcommittee. Just to outline a few of the priorities for this year, this sub- committee will focus on innovation, security, and accountability. When I look at the agencies in our jurisdiction, I see tremendous opportunities to promote innovation that creates jobs in our own country, makes our community more secure, while assuring ac- countability for the stewardship of the taxpayers. The funding that this subcommittee puts in the Federal check- book, must meet the mission and mandate of each agency, and (1) 2 make a down payment on its priorities. The Commerce, Justice, Science Subcommittee is the innovation subcommittee. If America is going to be more competitive, we need to focus on funding and policies to develop new technologies, that lead to new products and new industries that create new jobs. It is not the role of this subcommittee to pick winners and losers. We are not an industry-controlled society. But it is to provide the basic and applied research that results in these new products and technology, and our agencies set the policies that will make sure that we have an innovation-friendly government. Over the next several weeks, we will initially focus on innova- tion. Then we will go to both Federal Bureau of Investigation (FBI) and law enforcement to focus on security. Underlying in all of the hearings will be questions related to accountability, and our stew- ardship of taxpayers dollars. We’re looking at the National Science Foundation (NSF) that funds promising research and cultivates the next generation of science and engineers, particularly at the graduate level. The Na- tional Institute of Standards and Technology (NIST), that we’re going to hear from later today, that funds new technologies, to make us more competitive. And, by the way, they win Nobel Prizes, too. The science at the National Aeronautics and Space Administra- tion (NASA) and the National Oceanic and Atmospheric Adminis- tration (NOAA) help us better understand our planet and provides the scientific building blocks for innovation. Nothing gets kids more interested in science, like exploration and discovery in outer space, and the inner space in the ocean. We want to make sure, though, this—we have an innovation- friendly government. NIST sets measurements and standards that the private sector can rely on, and the world counts on. The U.S. Patent and Trademark Office protects our intellectual property, and the International Trade Administration (ITA) enforces our trade agreements. We also will be focusing on security, but that’s for another day. This subcommittee will also be looking at accountability in terms of the expenditure of taxpayers dollars, and to make sure that, whether it’s waste, or abuse, or poor performance, will not be toler- ated. But today, we’re going to kick off our innovation hearing with the Secretary of the Commerce Department, a long-advocate for America’s role in international trade, promoting competitiveness, and encouraging innovation and technology. Later on, in the second panel, we’ll be hearing from the Director of the National Institute of Standards and Technology and also the Director of the Patent Office. Today, I will want to know how the budget meets the Depart- ment of Commerce mission to foster, serve, and promote the Na- tion’s economy, which is a little bit rockin’ and rollin’ today, but again, you know, we’re a country of institutions,
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