68–269 PDF 

Calendar No. 170 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–78 

DEPARTMENTS OF COMMERCE AND JUSTICE, AND 

SCIENCE, AND RELATED AGENCIES APPROPRIATIONS 

BILL, 2012 

SEPTEMBER 15, 2011.—Ordered to be printed 

Ms. MIKULSKI, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

[To accompany S. 1572] 

The Committee on Appropriations reports the bill (S. 1572) making appropriations for the Departments of Commerce and Justice, 

science, and related agencies for the fiscal year ending September 

30, 2012, and for other purposes, reports favorably thereon and recommends that the bill do pass. 

Total obligational authority, fiscal year 2012 

Total of bill as reported to the Senate .................... $59,481,018,000 

Amount of 2011 appropriations ............................... 58,786,478,000 

Amount of 2012 budget estimate ............................ 64,176,569,000 

Bill as recommended to Senate compared to— 

2011 appropriations .......................................... ∂694,540,000 

2012 budget estimate ........................................ ¥4,695,551,000 
(2) 

C O N T E N T S 

Page 

Purpose of the Bill ................................................................................................... 3 

Summary of the Bill ................................................................................................ 3 

Fighting Waste, Fraud, and Abuse ........................................................................ 6 

Reprogrammings, Reorganizations, and Relocations ............................................ 7 

Congressional Budget Justifications ...................................................................... 8 

Reductions-in-Force ................................................................................................. 9 

Appropriations Liaisons .......................................................................................... 9 

Title I: Department of Commerce ........................................................................... 10 

Title II: Department of Justice ............................................................................... 37 

Title III: Science ...................................................................................................... 84 

Office of Science and Technology Policy ......................................................... 84 

National Aeronautics and Space Administration .......................................... 85 

National Science Foundation ........................................................................... 101 

Title IV: Related Agencies ....................................................................................... 109 

Commission on Civil Rights ............................................................................. 109 

Equal Employment Opportunity Commission ................................................ 109 

International Trade Commission .................................................................... 111 

Legal Services Corporation .............................................................................. 111 

Marine Mammal Commission .......................................................................... 112 

Office of the United States Trade Representative ......................................... 113 

State Justice Institute ...................................................................................... 113 

Commission on Wartime Relocation and Internment of Latin Americans 

of Japanese Descent ...................................................................................... 114 

Title V: General Provisions ..................................................................................... 115 

Compliance With Paragraph 7, Rule XVI of the Standing Rules of the Senate .......................................................................................................................... 118 

Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of the 

Senate ................................................................................................................... 121 

Compliance With Paragraph 12, Rule XXVI of the Standing Rules of the 

Senate ................................................................................................................... 121 

Budgetary Impact of Bill ......................................................................................... 125 

Comparative Statement of Budget Authority ........................................................ 126 
(3) 

PURPOSE OF THE BILL

The bill provides funding for: (1) the Department of Commerce 

and its bureaus, and administrations: the International Trade Administration [ITA], the Bureau of Industry and Security [BIS], the 

Economic Development Administration [EDA], the Minority Business Development Agency [MBDA], the Economics and Statistics 

Administration [ESA], the Bureau of the Census, the National 

Telecommunications and Information Administration [NTIA], the 

U.S. Patent and Trademark Office [USPTO], the National Institute 

of Standards and Technology [NIST], and the National Oceanic and 

Atmospheric Administration [NOAA]; (2) the Department of Justice; (3) several independent science agencies: the Office of Science 

and Technology Policy [OSTP], the National Aeronautics and Space 

Administration [NASA], and the National Science Foundation 

[NSF]; and (4) several related commissions and agencies: the Commission on Civil Rights, the Equal Employment Opportunity Commission [EEOC], the International Trade Commission [ITC], the 

Legal Services Corporation [LSC], the Marine Mammal Commission, the U.S. Trade Representative [USTR], the State Justice Institute [SJI], and the Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent. 

SUMMARY OF THE BILL

For fiscal year 2012, the Committee recommends total discre- tionary appropriations of $52,701,000,000, along with an additional 

$135,000,000 in funding for natural disasters, for the Departments 

of Commerce and Justice, Science, and Related Agencies. This 

amount is $626,000,000 below the fiscal year 2011 level and 

$4,969,684,000 below the President’s fiscal year 2012 budget request. These reductions, made pursuant to the Budget Control Act 

of 2011, required the Committee to reduce nearly every account in 

the bill below fiscal year 2011 levels. 

Within the amounts provided, the Committee has chosen to 

prioritize activities that save lives, protect the safety of our citizens, and create jobs. 

The Committee faced two very pressing funding challenges that 

are critical to life and safety—funding for the Nation’s next generation weather satellites for timely and accurate forecasts of severe 

weather, and adequate funding to safely guard the Nation’s growing prison population. While these activities are not considered 

mandatory for budget purposes, they are not truly discretionary in 

that the Committee has an obligation to adequately fund them regardless of budgetary constraints. 

The Committee’s recommendation for the Joint Polar Satellite 

System [JPSS], which will provide timely data for more accurate 

severe weather forecasts, is nearly $437,000,000 more than fiscal 

year 2011 to enable the earliest possible launch in order to mini-
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mize any gap in weather data. Salaries and associated expenses for 

guarding and transporting the Federal prison population are funded at more than $350,000,000 more than fiscal year 2011 to ensure 

that our Federal prisons are adequately staffed and to enable the 

activation of new prisons that have been built but are currently sitting empty due to lack of funds. 

Funding these pressing challenges within current budgetary constraints required reductions for activities that the Committee has 

historically chosen to fund. 

Specifically, the bill eliminates 30 programs funded in prior 

years. Personnel and operations funding for the departments, agencies, and commissions funded in this bill are reduced by approximately 2 percent below fiscal year 2011 levels, with the expectation 

that agencies must become more frugal, and can and should 

achieve efficiencies in all operations. Funding for grant programs 

and scientific research is reduced even further. 

These are regrettable reductions that will result in real consequences. For example, in the area of funding for State and local 

law enforcement, the Committee’s recommendation provides roughly $2,300,000,000, which is more than $470,000,000 below fiscal 

year 2011, a nearly 17 percent reduction. A funding level of 

$200,000,000 for the COPS hiring program, which is $47,000,000 

below the fiscal year 2011 level, will result in approximately 350 

fewer new police officers hired to protect State and local jurisdictions. The critical Byrne Justice Assistance Grant program is funded at $395,000,000, a reduction of $35,000,000 below the fiscal year 

2011 level. This level will result in cuts to all State and local components of the criminal justice system, from multijurisdictional 

drug and gang task forces to crime prevention and domestic violence programs, courts and prosecution, community corrections, 

drug prevention and treatment, sex offender management, justice 

information sharing, and crime victim and witness support initiatives. Furthermore, reductions to Federal law enforcement agencies 

and Department of Justice core activities will likely result in a continuation of the Department’s imposed hiring freeze and will challenge agencies to manage their budgets more wisely in order to fulfill their missions. 

In the area of scientific discovery and development of new technologies, the Committee’s recommendation constitutes an approximately 3 percent reduction to research at NIST and NSF, and to 

NASA. In past years, the Committee has been able to recommend 

an annual 7 percent increase in NIST and NSF funding as authorized by the bipartisan America COMPETES Act. Reductions to 

NSF research will result in 380 fewer grants supporting 4,400 

fewer researchers, students, teachers, and technical support personnel. Reductions to NASA at this critical time in the agency’s 

transition from the space shuttle legacy to new vehicles for human 

spaceflight will challenge the agency to make every dollar count. 

The Committee’s recommendation also reduces funding for economic and trade agencies below fiscal year 2011 levels, which will 

restrict new economic initiatives. For example, the National Export 

Initiative, which is a worthy plan for doubling U.S. exports by 

2015, cannot be funded for the second year in a row because funding for the International Trade Administration is stalled. Economic 
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development grants that help local communities innovate and new 

business sectors thrive have decreased by 10 percent from 2011. 

The Committee realizes such funding levels come at a time when 

our national economy needs to turn a corner and many more jobs 

need to be created. To help compensate for the overall lack of funding, the Committee has provided bill language, where applicable, 

allowing economic agencies flexibility in spending without jeopardizing oversight and accountability. 

While the Committee regrets the reductions, the recommended 

bill reflects the Committee’s strong commitment to protecting life 

and safety, while continuing healthy levels of investment for scientific research and discovery and supporting an innovation friendly government to foster job creation and to protect the ideas we develop. 

The bill fully funds the U.S. Patent and Trademark Office [PTO], 

which fosters American innovation and job creation by providing 

protections for ideas and products developed by our entrepreneurs, 

businesses, and academic institutions. Specifically, the bill gives 

the agency authority to spend all fees collected from inventors, and 

supports depositing all fees above the appropriated level into the 

new Patent and Trademark Fee Reserve Fund as authorized by the 

landmark America Invents Act. 

For science and basic research at NSF, NIST, and NASA, the bill 

invests more than $12,000,000,000 to support America’s next generation of scientists, engineers, and entrepreneurs. At NSF, the bill 

will support more than 225,000 researchers, students, teachers, 

and technical support personnel. 

Within the science agencies, the Committee has focused on high 

impact research and development. For example, the bill funds 

cyber security research at NIST and NSF to keep American Government and private sector networks strong, and to respond to 

growing cyber threats. The bill also supports growing new American businesses by funding the Regional Innovation Program at the 

Economic Development Administration. The bill invests in our Nation’s new space launch system to send our astronauts beyond low 

Earth orbit, and invests in new industries to safely deliver them 

to and from the International Space Station. 

The Committee also continues to emphasize assistance to expand 

export markets for U.S. businesses overseas. The bill continues to 

invest in the Department of Commerce’s efforts to promote U.S. 

companies overseas which have a direct connection to creating jobs 

at home. In 2008, U.S. exports of goods and services supported 10.3 

million jobs and comprised 12.8 percent of the overall U.S. economy, according to the International Trade Administration [ITA]. 

The global economic recession has cut the percentage of U.S. exports to 11.2 percent. The Committee’s recommendation underscores a commitment to increasing the U.S.’s share of world markets. Recognizing the importance of stabilizing export-dependent 

jobs and opening markets for new companies, the Committee provided more than a 7 percent increase to ITA since 2008. ITA successfully knocked down 82 trade barriers in 45 different markets 

which open up new fertile ground for U.S. exports to grow and to 

create more jobs this year. An equally important role for ITA is to 

protect U.S. jobs by fighting counterfeiting and dumping. 
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So while the overall CJS appropriations bill is below fiscal year 

2011 levels, and many programs are reduced, the bill continues to 

have significant impacts on U.S. job creation—now and into the future. 

FIGHTING WASTE, FRAUD, AND ABUSE

The departments, agencies, boards, and commissions funded in 

this bill can and should significantly reduce operating expenses by 

placing greater scrutiny on overhead costs. Savings can and should 

be achieved by reducing non-essential travel, office supply, rent, 

and utility costs. The Committee directs each department, agency, 

board, and commission funded in this bill to develop a plan to reduce such costs by at least 10 percent in fiscal year 2012. Plans to 

achieve this savings in fiscal year 2012 should be submitted to the 

Committee no later than 30 days after enactment of this act. 

The Committee has also reduced official reception and representation funds by more than 25 percent. Modest representation funds 

are provided for agency executives to provide necessary courtesies 

to our diplomatic partners and out of respect for fallen officers, or 

to mark historic occasions such as space exploration missions or 

stunning discoveries. However, savings can and should be achieved 

by reducing the costs of executive meetings, receptions, ceremonies, 

and conferences, and purchasing fewer promotional items such as 

t-shirts, hats, mugs, key chains, and other similar items. 

The Committee is extremely concerned about the persistent pattern of cost overruns and schedule slippages on major projects and 

missions carried out by the agencies within this bill. In addition, 

reports have exposed a culture within many agencies that exhibits 

a lack of accountability and oversight of grant funding. 

Therefore, the Committee has recommended three bill-wide provisions to ensure greater oversight and fiscal responsibility of taxpayer dollars. 

First, the bill requires each agency to notify the Committee immediately upon identification of program cost overruns greater 

than 10 percent. 

Second, the bill requires the Inspectors General of the Departments of Commerce and Justice, NASA, NSF and the Legal Services Corporation to conduct reviews of grant and contract funds to 

ensure funds are being spent appropriately. 

Third, the bill requires each department, agency, board, and commission funded in this act to report spending on large conferences, 

with costs in excess of $20,000 each, to the inspectors general for 

audit. 

Finally, the Committee intends to continue to work with the Government Accountability Office [GAO] to review selected large-scale 

acquisition and construction projects. Specifically, the Committee 

requests that GAO develop a plan for ongoing reviews of such 

projects, with reports to the Committee on a biannual basis. Agencies shall provide access to all necessary data, as determined by 

GAO, in order for the reviews to be completed and provided in a 

timely manner to the Committee. The Committee believes that 

these project status reports are valuable in identifying cost overrun 

and schedule slippage problems early, so they can be addressed immediately. 
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REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

Section 505 contained in the ‘‘General Provisions’’ of title V provides procedures for the reprogramming of funds. To reprogram is 

to change the use of funds from the specific purposes provided for 

in the act and the accompanying report or, in the absence of direction from the Committee, from the specific purposes provided for in 

the administration’s budget request. Each title of the bill has also 

traditionally included separate provisions that define permissible 

transfers of resources between appropriation accounts. These transfer authority provisions are also pursuant to section 505, and were 

initiated in the early 1990s to provide additional flexibility to the 

agencies under the subcommittee’s jurisdiction. 

The Committee expects each department and agency to closely 

follow the reprogramming procedures listed in section 505, which 

are the same as provisions that applied in statute during fiscal 

year 2011. These procedures apply to funds provided under this 

act, or provided under previous appropriations acts that remain 

available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury available to the agencies 

funded by this act. Section 505 requires that the Committee on Appropriations be notified by letter, at least 15 days prior to reprogramming of funds, whether permanent or temporary, in excess 

of $500,000 or 10 percent, whichever is less, between programs, 

projects or activities. This provision is also applicable in cases 

where several activities are involved with each receiving less than 

$500,000. In addition, the Committee is to be notified of reprogramming actions which are less than these amounts if such actions 

would have the effect of: committing the agency to significant funding requirements in future years; increasing funds or personnel by 

any means for any project or activity for which funds have been 

previously denied or restricted by Congress; creating new programs, offices, agencies or commissions or substantially augmenting existing programs, offices, agencies or commissions; relocating offices or employees; or reorganizing offices, programs, or activities. 

The Committee also expects that any items that are subject to 

interpretation will be reported. The Committee is concerned that, 

in some instances, the departments or agencies funded within this 

appropriations act are not adhering to the Committee’s reprogramming guidelines that are clearly set forth in this report and in section 505 of the accompanying bill. The Committee expects that each 

department and agency funded in the bill will follow these notification policies precisely and will not reallocate resources or reorganize activities prior to submitting the required notifications to the 

Committee. 

The reprogramming process is based on comity between the Appropriations Committee and the executive branch. The Commerce, 

Justice, science, and related agencies appropriations bill provides 

specific program guidance throughout this report and tables accompanying the bill. The process is intended to provide flexibility to 

meet changing circumstances and emergency requirements of agencies, if there is agreement between the executive branch and the 

Congress that such a change is warranted. Reprogramming proce-
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dures provide a means to agree on adjustments, if necessary, during a fiscal year, and to ensure that the Committee is kept apprised of instances where nonappropriated resources are used to 

meet program requirements, such as fee collections and unobligated balances that were not considered in the development of the 

appropriations legislation. 

In the absence of comity and respect for the prerogatives of the 

Appropriations Committees and Congress in general, the Committee will have no choice but to include specific program limitations and details legislatively. Under these circumstances, programs, projects, and activities become absolutes and the executive 

branch shall lose the ability to propose changes in the use of appropriated funds through the reprogramming process between programs, projects, and activities without seeking some form of legislative action. 

The Committee expects the executive branch departments to 

manage its programs, projects and activities within the levels appropriated. Reprogramming or transfer requests shall be submitted 

only in the case of an unforeseen emergency or situation that could 

not have been anticipated when formulating the budget request for 

the current fiscal year. 

CONGRESSIONAL BUDGET JUSTIFICATIONS

The Committee directs that all departments and agencies funded 

within this bill shall submit all of their fiscal year 2013 budget justifications concurrently with the official submission of the administration’s budget to Congress. Further, all departments and agencies 

with classified programs funded within this act are directed to submit their classified budget justification documents to the Committee, through appropriate means at the same time the unclassified budget justifications are transmitted. 

These justifications shall include a sufficient level of detailed 

data, exhibits and explanatory statements to support the appropriations requests, including tables that outline each agency’s programs, projects, and activities for fiscal years 2012 and 2013. The 

Committee directs the chief financial officer of each department or 

agency funded in this act’s jurisdiction to ensure that adequate justification is given to each increase, decrease, staffing and function 

change proposed in the fiscal year 2013 budget, particularly within 

the departmental operations and management accounts. 

The Committee is concerned that many of the budget submissions are inadequate and necessitate multiple requests for additional information. This process is inefficient and unnecessarily 

delays access to information that is fundamental to the work of the 

Committee. The Committee expects that the fiscal year 2013 submissions will include sufficient detail to justify all programs, 

projects and activities contained in each department, agency or 

commission budget request. Budget justifications are prepared not 

for the use of the agencies but are the primary tool of the Committee to evaluate the resource requirements and proposals requested by the administration. 
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REDUCTIONS-IN-FORCE

The Committee directs departments or agencies funded in the accompanying bill that are planning to conduct a reduction-in-force 

[RIF] to notify the Committee in writing 30 days in advance of the 

date of the proposed personnel action. 

APPROPRIATIONS LIAISONS

The Committee prefers to channel the majority of its inquiries 

and requests for information and assistance through the budget offices or comptroller offices of the departments and agencies which 

it oversees, but reserves the right to call upon any individual or organization in any agency under its jurisdiction. 
(10) 

TITLE I 

DEPARTMENT OF COMMERCE 

The Committee recommends a total of $7,691,667,000 for the Department of Commerce [DOC], not including disaster funding. The 

recommendation is $110,810,000 above the fiscal year 2011 enacted 

level and $1,110,971,000 below the budget request. 

The Department of Commerce is a major innovation engine for 

the Nation. Few other departments in the U.S. Government have 

all the elements in one place to keep America competitive in this 

volatile economy. DOC’s science and research programs strive to 

find new ways to solve today’s problems and anticipate tomorrow’s 

challenges. New research brings new technology, and DOC develops new standards and partners with industry to keep citizens safe 

and manufacturers on the right track. These new technologies and 

ideas deserve protection, and the Department also preserves intellectual property for our Nation’s creative thinkers—small and big 

businesses alike. Once ready for the global marketplace, DOC establishes trade agreements, sending new ideas into the marketplace while protecting our workers and helping businesses create 

jobs at home. The Department monitors progress through statistical analysis, economic monitoring and periodic census. 

As a leader in America’s competitiveness, DOC needs realistic 

funding, proper management and oversight to keep the United 

States scientifically relevant and technologically innovative in the 

global marketplace. The Committee’s recommendations in this bill 

ensure that DOC has the funding to carry out its mission and mandates. 

Accountability remains a top priority for the Committee. The administration has made positive headway to clamp down on cost 

overruns, but the Department continues to face serious management challenges. Positive reforms continue at the U.S. Patent and 

Trademark Office [USPTO], but over 700,000 patents await approval even though the patent backlog is decreasing. The average 

time for an inventor to wait to receive feedback from USPTO has 

decreased by 10 percent, but the office still takes 30 months to 

make a decision. With patent fee collections on the rise— 

$690,000,000 more than in 2011—the Committee wants to know 

how USPTO’s increased revenue will directly decrease the patent 

backlog. 

A year has passed since the Department proposed a new plan for 

the National Oceanic and Atmospheric Administration’s [NOAA] 

polar satellite system after divorcing from the U.S. Air Force. The 

Senate supported most of this proposed reorganization for the Joint 

Polar Satellite System [JPSS], but the fiscal year 2011 continuing 

resolution did not include any additional funds, resulting in launch 

delays and creating a gap in weather data. 
11 

For fiscal year 2012, the Committee has made great sacrifices 

throughout this bill to support increased funding needed for JPSS. 

The Committee cannot deny that these satellites are a national 

asset critical to predicting weather. As a result, more than onethird of NOAA’s 2012 appropriation is provided for satellite acquisitions in this bill. The increased level, coupled with new fiscal constraints affecting all of the Federal Government, means many new 

initiatives proposed in fiscal year 2012 for DOC will not be supported regardless of high merit. In fact, most components in the 

Department will be reduced despite having received ample support 

from the Committee in previous fiscal years. To help offset the effects of austere funding levels, the Committee has provided DOC’s 

agencies with greater flexibility for using appropriated funds while 

maintaining strict oversight and accountability. 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

Appropriations, 2011 ............................................................................. $450,106,000 

Budget estimate, 2012 ........................................................................... 526,091,000 

Committee recommendation ................................................................. 441,104,000 

The Committee’s recommendation provides $441,104,000 for the 

International Trade Administration. The recommendation is 

$9,002,000 below the fiscal year 2011 enacted level and 

$84,987,000 below the budget request. 

The Committee recommendations, by function, are displayed in 

the following table: 

INTERNATIONAL TRADE ADMINISTRATION FUNDING 

[In thousands of dollars] 

Committee recommendation 

Manufacturing and Services ............................................................................................................................ 48,854 

Market Access and Compliance ....................................................................................................................... 42,623 

Import Administration ...................................................................................................................................... 67,358 

Trade Promotion and U.S. Foreign Commercial Services ................................................................................ 255,347 

Executive Direction ........................................................................................................................................... 26,922 

Total Direct Obligations ...................................................................................................................... 441,104 

Offsetting Fee Collections.—The Committee’s recommendation 

adopts the proposed offsetting fee collections of $9,439,000, which 

the Committee believes is realistic and achievable. 

National Export Initiative.—The Committee remains supportive 

of the National Export Initiative [NEI], but regrettably the overall 

funding level for fiscal year 2012 does not afford increases to ITA. 

The Committee directs ITA to move ahead with organizational optimization plans that were submitted as part of the the 2012 request. These plans are estimated to reduce costs by $20,200,000, 

including $8,600,000 of permanent administrative reductions. ITA 

is directed to use any net savings to enhance the U.S. Foreign 

Commercial Service for the purposes of advancing export promotion 

and maintaining a presence in foreign markets. 

Trade and Rural Communities.—The Committee directs the Secretary to develop a plan for outreach under the National Export 
12 

Initiative to assist State-supported trade activities with an emphasis upon States that are largely rural and suffering from serious 

poverty issues. The Secretary shall provide this plan to the Committee no later than 60 days after enactment of this act. 

Rural Manufacturers.—Given the importance of exports and 

manufacturing to the long-term economic growth of the United 

States, and the administration’s goal of doubling exports by 2015, 

the Committee directs ITA to focus its resources on promoting 

manufacturing exports for small and rural businesses. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

Appropriations, 2011 ............................................................................. $100,141,000 

Budget estimate, 2012 ........................................................................... 111,187,000 

Committee recommendation ................................................................. 98,138,000 

The Committee’s recommendation provides $98,138,000 for the 

Bureau of Industry and Security [BIS]. The recommendation is 

$2,003,000 below the fiscal year 2011 enacted level and 

$13,049,000 below the budget request. 

BIS is the principal agency involved in the development, implementation, and enforcement of export controls for dual-use technologies. The Export Enforcement Division detects, prevents, investigates, and assists in the sanctioning of illegal dual-use exports. 

ECONOMIC DEVELOPMENT ADMINISTRATION

Appropriations, 2011 ............................................................................. $283,432,000 

Budget estimate, 2012 ........................................................................... 324,931,000 

Committee recommendation ................................................................. 392,166,000 

The Committee’s recommendation provides $392,166,000 for the 

Economic Development Administration [EDA], which includes disaster assistance. The recommendation is $108,734,000 above the 

fiscal year 2011 enacted level and $67,235,000 above the budget request. 

The EDA provides grants to local governments and nonprofit 

agencies for public works, planning, and other projects designed to 

facilitate economic development. Funding amounts for the two appropriations accounts under this heading are displayed below. 

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 2011 ............................................................................. $245,508,000 

Budget estimate, 2012 ........................................................................... 284,300,000 

Committee recommendation ................................................................. 355,000,000 

The Committee’s recommendation provides $355,000,000 for Economic Development Assistance Programs. The recommendation is 

$109,492,000 above the fiscal year 2011 level and $70,700,000 

above the budget request. The Committee expects EDA to use all 

available carryover and prior year recoveries to the maximum extent possible. Of the amounts provided, funds are to be distributed 

as follows. Any deviation of funds shall be subject to the procedures 

set forth in section 505 of this act: 
13 

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 

[In thousands of dollars] 

Committee 

recommendation 

Public Works ......................................................................................................................................................... 91,000 

Economic Adjustment Assistance ........................................................................................................................ 48,700 

Trade Adjustment Assistance .............................................................................................................................. 15,800 

Regional Innovation Program ............................................................................................................................... 20,000 

Partnership Planning ........................................................................................................................................... 31,000 

Technical Assistance ............................................................................................................................................ 12,000 

Disaster Assistance .............................................................................................................................................. 135,000 

Research and Evaluation ..................................................................................................................................... 1,500 

Total ............................................................................................................................................................ 355,000 

Regional Innovation Program.—Although the Committee does 

not support the administration’s request of making EDA a loangenerating agency, the Committee is supportive of the new Regional Innovation Program created by the America COMPETES 

Reauthorization Act (Public Law 111–358). States and regions 

must have a strong economic base that can support the next generation of manufacturing jobs. The program allows the Secretary of 

Commerce to award competitive grants to create regional innovation clusters. The Committee directs EDA to consider geographic 

equity in making the award decisions and to include rural projects 

among those chosen for funding. 

Disaster Assistance.—The Committee provides $135,000,000 for 

disaster assistance for disaster relief, long-term recovery, and restoration of infrastructure in areas that experienced damage due to 

major disasters in 2011 as declared by the President. 

EDA shall submit to the Committee a report no later than 180 

days after enactment of this act detailing the programs and investments carried out to assist communities impacted by natural or 

man-made disasters since July 1, 2005, including: the estimated 

number of jobs created, the number of small businesses assisted, 

a list of remaining balances for any emergency disaster funds and 

a justification of the intended use of such unused funds. The Committee also expects the report to outline additional recommendations, if any, for EDA to be a more effective tool to spur recovery 

in these disaster impacted communities. 

University Centers.—The Committee directs funding within Technical Assistance to be used, in part, to establish new University 

Centers in States that currently do not have one, upon conducting 

a competitive selection process. Within 60 days after enactment of 

this act, EDA shall commission an independent study of the performance of the University Center program, including an analysis 

of the best methods of evaluating the performance of individual 

University Centers. Upon completion of the study, EDA shall conduct evaluations of all funded University Centers within 5 years of 

the first award of assistance and at least once every 5 years thereafter. The change in the frequency of formal competitions will enable the University Centers to make long-term commitments necessary for effective program implementation and reduce disruption 

in program services, while still providing a rigorous evaluation system. 
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Trade Adjustment Assistance.—The Committee is discouraged by 

the administration’s request to eliminate funding for Trade Adjustment Assistance [TAA] programs. The TAA for Firms program, in 

particular, offers technical assistance to domestic small- and medium-sized manufacturers that have been adversely affected by import competition. Many companies assisted by TAA for Firms 

emerge leaner, more competitive, and more profitable and add jobs 

to their workforce. No later than 120 days after enactment of this 

act, the Secretary shall submit a report to the Committee detailing 

a viable and appropriate long-term strategic plan for existing TAA 

programs within EDA that includes funding recommendations either within the agency or elsewhere within the Department or administration. 

Base Realignment and Closure.—In fiscal year 2010, the Committee directed EDA, in coordination with the Office of Economic 

Adjustment [OEA] at the Department of Defense, to develop a report that identifies recommendations for collaboration between the 

two agencies within current authorities and budget structures to 

address the needs of localities identified as Base Realignment and 

Closure [BRAC] communities. As the subsequent report detailed, 

EDA has the ability to continue providing support to BRAC-impacted communities within its existing authorities, particularly 

those dealing with base closure and downsizing issues. The Committee encourages EDA to provide the most efficient and effective 

assistance to Defense growth communities and communities impacted by closures based on urgency and level of need. As per recommendations outlined in the report, EDA is directed to, in consultation with OEA, issue separate guidance clarifying the overall 

requirements of Defense growth and closure community assistance, 

and modify the definition of Special Need in EDA’s Federal Funding Opportunity announcement to specify that Defense growth and 

closure communities are eligible for EDA funding. The Committee 

also directs EDA to consider Defense growth and closure communities in making award decisions for the agency’s new Regional Innovation Program. 

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $37,924,000 

Budget estimate, 2012 ........................................................................... 40,631,000 

Committee recommendation ................................................................. 37,166,000 

The Committee’s recommendation provides $37,166,000 for salaries and expenses. The recommendation is $758,000 below the fiscal year 2011 enacted level and $3,465,000 below the budget request. The Committee again directs that vacancies within the regional offices be filled prior to any vacancies within headquarters. 

Economic Development Representatives.—The Committee recognizes the important role that Economic Development Representatives [EDR] and Economic Development Specialists [EDS] play in 

educating potential grantees about EDA programs, providing technical assistance to potential grantees throughout the application 

process, providing input to regional office staff during the project 

vetting process, and overseeing EDA funded projects. 

However, the Committee remains concerned about the wide geographic coverage areas for some EDR and EDS, which can limit the 
15 

time they spend developing, overseeing, and providing guidance on 

projects. The increasing demands for services in areas with vast 

distances between jurisdictions justify additional staff support for 

exceptionally large geographic areas. The Committee directs EDA 

to provide a report to the Committee within 60 days of enactment 

of this act that assess the feasibility of locating an EDR in each 

State and to evaluate whether the current EDR and EDS structure 

should be revamped in order to reduce the geographic size of each 

coverage area. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

Appropriations, 2011 ............................................................................. $30,339,000 

Budget estimate, 2012 ........................................................................... 32,322,000 

Committee recommendation ................................................................. 29,732,000 

The Committee’s recommendation provides $29,732,000 for the 

Minority Business Development Agency [MBDA]. The recommendation is $607,000 below the fiscal year 2011 enacted level and is 

$2,590,000 below the budget request. MBDA is the only Federal 

agency dedicated to promoting the growth of minority-owned firms 

and assists small, medium and large minority business enterprises 

increase revenues and create jobs. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $97,060,000 

Budget estimate, 2012 ........................................................................... 112,937,000 

Committee recommendation ................................................................. 95,119,000 

The Committee’s recommendation provides $95,119,000 for Economic and Statistical Analysis [ESA]. The recommendation is 

$1,941,000 below the fiscal year 2011 enacted level and 

$17,818,000 below the budget request. ESA conducts research to 

provide a better understanding of the U.S. economy which helps 

Government make more informed policy decisions. The Committee 

encourages ESA to move forward on the agency’s ‘‘Everyday Economics: The American Household’’ program, within funds provided, 

to conduct research on disposable income levels and provide a more 

accurate portrayal of costs and expenditures that individuals incur. 

BUREAU OF THE CENSUS

Appropriations, 2011 ............................................................................. $1,149,720,000 

Budget estimate, 2012 ........................................................................... 1,024,765,000 

Committee recommendation ................................................................. 943,336,000 

The Committee’s recommendation provides $943,336,000 for the 

Census Bureau. The recommendation is $206,384,000 below the fiscal year 2011 enacted level and $81,429,000 below the budget request. 

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $258,506,000 

Budget estimate, 2012 ........................................................................... 272,054,000 

Committee recommendation ................................................................. 253,336,000 
16 

The Committee’s recommendation provides $253,336,000 for salaries and expenses. The recommendation is $5,170,000 below the fiscal year 2011 enacted level and is $18,718,000 below the budget request. This account provides for the salaries and expenses associated with the statistical programs of the Bureau of the Census, including measurement of the Nation’s economy and the demographic 

characteristics of the population. 

PERIODIC CENSUSES AND PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011 ............................................................................. $891,214,000 

Budget estimate, 2012 ........................................................................... 752,711,000 

Committee recommendation ................................................................. 690,000,000 

The Committee’s recommendation provides $690,000,000 for periodic censuses and programs. The recommendation is $201,214,000 

below the fiscal year 2011 enacted level and $62,711,000 below the 

budget request. 

This account provides for the constitutionally mandated decennial census and other programs that are cyclical in nature. Additionally, individual surveys are conducted for other Federal agencies on a reimbursable basis. 

Periodic Census Programs.—The Committee’s recommendation 

supports the Bureau’s efforts to improve information security and 

data management, but the Committee remains concerned about the 

Bureau’s ability to contain costs. The Committee’s recommendation 

provides $1,000,000 for the Office of the Inspector General [OIG] 

to continue oversight and audits of the 2010 decennial operations 

and to provide the Bureau and Congress with independent recommendations for improving operations, which will be useful for 

the next decennial census. The Bureau is directed to incorporate all 

OIG recommendations as it transitions into the 2020 decennial, including: a thorough review of the training process; better communication of Census’ various enumeration practices; and increased 

budget transparency. 

Economic Census.—The Committee strongly supports the Economic Census, and directs the Bureau to preserve funding when 

considering reductions. The Committee’s mark provides latitude for 

the Bureau to make financial decisions, but any programmatic decreases should first focus on reductions to periodic censuses and 

agency-wide administrative cost savings. 

Monthly Status Reports.—Census is directed to continue its dashboard monthly status reports to the Committee as it transitions 

into preparations for the 2020 decennial. 

2020 Decennial Census.—As the 2010 decennial census concludes, preparations are already underway for the 2020 decennial 

census operations. The Committee directs the Bureau to seriously 

examine lessons-learned from this recent decennial census to create 

more cost-effective operations. 

The Bureau has a unique opportunity to prove that Government 

can work smarter and save the taxpayers money by streamlining 

operations, eliminating wasteful processes, providing better financial oversight, and taking better advantage of technology, especially 

in information gathering and data management. Therefore, the 
17 

Committee directs the Bureau to consider budgeting for the 2020 

decennial census at a level less than the 2010 Census and to further consider spending less than the 2000 Census, not adjusting for 

inflation. Within 90 days of enactment of this act, the Bureau shall 

provide the Committee with a report that includes a strategic and 

budgetary plan for achieving this goal. The plan should include 

specific actions the Bureau can take to save money compared to the 

2010 decennial census and descriptions of any challenges the Bureau anticipates that could prevent it from staying below the 2010 

or even the 2000 spending level. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $40,568,000 

Budget estimate, 2012 ........................................................................... 55,827,000 

Committee recommendation ................................................................. 45,568,000 

The Committee’s recommendation provides $45,568,000 for National Telecommunications and Information Administration [NTIA] 

salaries and expenses. The recommendation is $5,000,000 above 

the fiscal year 2011 enacted level and $10,259,000 below the budget request. 

The Committee retains language from previous years allowing 

the Secretary of Commerce to collect reimbursements from other 

Federal agencies for a portion of the cost of coordination of spectrum management, analysis, and operations. NTIA shall submit a 

report to the Committee no later than June 1, 2012, detailing the 

collection of reimbursements from other agencies related to spectrum management, analyses, and research. The Committee provides additional funding to allow NTIA to continue monitoring and 

administering broadband grants to ensure that funds are used appropriately by recipients. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND

CONSTRUCTION

Appropriations, 2011 ............................................................................. $1,000,000 

Budget estimate, 2012 ........................................................................... ........................... 

Committee recommendation ................................................................. ........................... 

The Committee provides bill language allowing the NTIA to continue oversight and administration of previously awarded grants. 

NTIA shall not use unobligated balances to award new grants. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011 ............................................................................. $2,090,000,000 

Budget estimate, 2012 ........................................................................... 2,706,313,000 

Committee recommendation ................................................................. 2,706,313,000 

The Committee’s recommendation provides $2,706,313,000 for 

the United States Patent and Trademark Office [USPTO], which is 
18 

equal to the budget request, to be derived from offsetting fee collections. 

USPTO is the central hub of an innovation friendly Government. 

USPTO examines patent applications, grants patent protection for 

qualified inventions, and disseminates technological information 

disclosed in patents. USPTO also examines trademark applications 

and provides Federal registration to owners of qualified trademarks. 

Budget Execution.—The Committee continues to support allowing 

USPTO full access to patent and trademark fees and provides language allowing USPTO to retain any revenue in excess of appropriated levels. The Committee notes that a September 1, 2011, letter from the Director of USPTO informed the Committee that the 

agency would expect to collect roughly $88,100,000 less fee revenue 

compared to the 2012 budget request. Nevertheless, the Committee 

has provided the full request to allow for expenditure of increased 

fee collections should they materialize. 

However, such financial buffers do not absolve the agency from 

creating sound requirements-based budgets and executing them responsibly. During the 2011 continuing resolution, USPTO executed 

at a higher spend rate than was authorized under current law, 

choosing instead to follow a rate based on high fee projections and 

high expectations for final appropriations levels. In doing so, 

USPTO aggressively moved ahead with new initiatives during a 

time of financial uncertainty. 

When USPTO’s final 2011 budget authority was not as high as 

the agency had erroneously anticipated—despite having received a 

10 percent increase above 2010 levels—USPTO faced a self-inflicted funding shortfall more than halfway through the year. 

USPTO was forced to drastically cut back on basic core operations 

by eliminating employee overtime and discontinuing basic training 

opportunities. USPTO reacted like an agency whose budget had 

been slashed, and struggled to find financial stability throughout 

the rest of the fiscal year at time when it should have prospered. 

Until the agency refrains from chasing the peaks of fee estimates, 

which is how USPTO found itself in financial trouble in previous 

years, core operations will continue to suffer. 

USPTO’s actions during fiscal year 2011 show that patent backlog and pendency issues are not fundamentally connected to a lack 

of funds, but rather, are the result of a lack of sound fiscal management. After all, USPTO’s appropriations have grown 71 percent 

since 2004, consistently increasing each year, and yet the patent 

backlog has only recently started to decline ever so slightly. Regardless of whether fee revenues are on the rise or on the decline, 

USPTO should endeavor to execute its budget based on the fees it 

actually collects. The Committee provides $1,000,000 for the Office 

of Inspector General [OIG] to continue oversight and audits of 

USPTO operations and budget transparency, and USPTO is directed to work with the Department of Commerce to incorporate all 

OIG recommendations. 

Fee Collections Projections.—The Committee directs the USPTO 

to provide quarterly reports on its projected fee collections, and to 

notify the Committee during any month when significant changes 
19 

in such projections prompt serious concern or require drastic budgetary responses. 

Reprogramming and Spend Plan.—USPTO is required to follow 

the reprogramming procedures outlined in section 505 of this act 

before using excess fee collections to forward fund expenses beyond 

fiscal year 2012. Any deviations from the funding distribution provided for in this act, including carryover balances, are subject to 

the standard reprogramming procedures set forth in section 505 of 

this act. USPTO is directed to provide a spend plan for fiscal year 

2012, within 30 days of enactment of this act, incorporating all carryover balances from previous fiscal years, and describing any 

changes to the patent or trademark fee structure. Any changes 

from the spend plan shall also be subject to section 505 of this act. 

USPTO is directed to submit all reprogramming, spend plans and 

budget justifications to the Committee through the Department of 

Commerce. 

Satellite Offices.—The Committee supports USPTO’s nationwide 

workforce program and provides full access to fee collections, which 

are sufficient for the agency to continue the establishment of satellite offices. In addition, the Committee recognizes the value of 

creating more satellite offices in regions with a high volume of patents filed and issued that provide easy access to transportation options to accommodate patent seekers. Accordingly, the Committee 

directs USPTO, when selecting locations for additional satellite offices, to factor in the volume of patent activity, access to transportation options and proximity to a high concentration of universities 

and patent experts. In addition, USPTO is encouraged to locate to 

sites within a region that meet these criteria and that can lower 

operating costs. 

Overseas Patent Protection and Small Businesses.—Protecting 

U.S. patents can be very costly when the protection extends to foreign countries, especially non-English speaking countries where 

translation is required. Once filed, a company has only 18 months 

to acquire the resources to protect patents overseas. For large companies, this practice is financially manageable, but small businesses must acquire sufficient venture capital to afford international patenting costs, usually at the expense of creating new 

jobs or expanding to new ventures. Given today’s global marketplace, U.S.-only patent holdings are no longer sufficiently lucrative, 

and protection outside the United States may mean the difference 

between success and failure for some companies. One tool that 

could help these small businesses protect their intellectual property 

would be a revolving fund for international patent protection, 

which would allow U.S. companies to apply for financial support to 

help offset patent protection costs. The fund could be replenished 

by the successful return on investment once the patents are awarded and the company grows. 

The Committee directs the Department of Commerce, working 

with the USPTO and the International Trade Administration, to 

provide the Committee with a report within 90 days of enactment 

of this act detailing recommendations on how best to help small 

businesses with international patent protection. If such a fund is 

a reasonable option, the Department should recommend an initial 

level of appropriations, and how the fund could be managed. The 
20 

Department should include suggested criteria for who would be eligible to apply for the program, what criteria companies would be 

selected to receive funding, and how the fund could become financially self-sufficient. If a fund is not a suitable option, then the Department should provide other suggestions to mitigate the problem 

these small businesses face. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Appropriations, 2011 ............................................................................. $750,097,000 

Budget estimate, 2012 ........................................................................... 1,001,130,000 

Committee recommendation ................................................................. 680,000,000 

The Committee’s recommendation provides $680,000,000 for the 

National Institute of Standards and Technology [NIST]. The recommendation is $70,097,000 below the fiscal year 2011 enacted 

level and $321,130,000 below the budget request. Up to $9,000,000 

may be transferred from the Scientific and Technical Research and 

Services account to the Working Capital Fund. 

NIST’s mission is to promote U.S. innovation and industrial competitiveness by advancing measurement science, standards, and 

technology in ways that enhance economic security and improve 

our quality of life. 

A description of each NIST account and the corresponding Committee recommendation follows in the subsequent three headings. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Appropriations, 2011 ............................................................................. $506,984,000 

Budget estimate, 2012 ........................................................................... 678,943,000 

Committee recommendation ................................................................. 500,000,000 

The Committee’s recommendation provides $500,000,000 for 

NIST research and services. The recommendation is $6,984,000 

below the fiscal year 2011 enacted level and $178,943,000 below 

the budget request. 

National Cybersecurity Center of Excellence.—The Committee is 

aware of investments being made to secure our Nation’s national 

and defense industrial base from the growing threat of cyber attacks. While a number of Federal agencies play a role in this important area of information assurance, the Committee notes that 

NIST, as the Nation’s standards setting entity, plays a critical role 

in this area because it is the only Federal lab whose mission is to 

collaborate with the private sector on standards. The Committee directs the Director of NIST to establish and operate a National 

Cybersecurity Center of Excellence [NCCOE] at the level of 

$10,000,000 from within funds provided in accordance with the direction provided in Senate Report 111–229. 

The Committee supports the new national program office of the 

National Strategy for Trusted Identities in Cyberspace, and directs 

NIST to provide the required amount of $24,000,000 to support the 

program. NIST is also directed to maintain, at a minimum, current 

fiscal year 2011 funding levels for all other cybersecurity activities. 

Greenhouse Gas Measurements.—The Committee supports NIST’s 

greenhouse gas measurement program, especially as it relates to 

leveraging existing assets and services from private sector partners. Augmenting the program through a collaborative approach is 
21 

expected to deliver substantial cost savings and efficiencies as well 

as position the program for long-term sustainability. NIST is directed to partner with networks that are national in scale and possess attributes consistent with high quality atmospheric and 

weather monitoring systems, including highly trained field teams 

capable of installing and maintaining research grade environmental sensing equipment; comprehensive data collection, processing and dissemination infrastructure; as well as demonstrated 

experience collaborating with the Federal Government through the 

provision of environmental observing system data. 

Facility Security.—The Committee is concerned that plans to 

change security operations at NIST’s campuses are underway even 

though such changes would impact appropriations. The Committee 

directs NIST and the Federal Protective Service [FPS] to provide 

the Committee with a detailed briefing on the rationale for any 

changes to security operations as well as a thorough analysis of the 

costs and personnel impacts. The Committee notes related concerns 

have been raised in the committee report accompanying the fiscal 

year 2012 Homeland Security appropriations bill. The Committee 

is concerned that there could be a negative budgetary impact on 

NIST’s programs as a result of a transfer of security operations to 

the FPS. Therefore, any change to NIST’s current security operations shall be treated as a reprogramming and shall adhere to the 

guidance provided in section 505 of this act. 

INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2011 ............................................................................. $173,253,000 

Budget estimate, 2012 ........................................................................... 237,622,000 

Committee recommendation ................................................................. 120,000,000 

The Committee’s recommendation provides $120,000,000 for Industrial Technology Services. The recommendation is $53,253,000 

below the fiscal year 2011 enacted level and $117,622,000 below 

the budget request. Supporting the Nation’s manufacturers, especially small businesses, is critical to keeping America innovative in 

a global marketplace. The Committee’s recommendation provides 

$120,000,000 for the Hollings Manufacturing Extension Partnership Program. 

The Committee notes that the fiscal year 2011 level provided no 

new funding for the Technology Innovation Program [TIP]. Regrettably, the Committee is unable to provide funding to continue TIP 

grants in 2012 or to continue the Baldrige Performance Excellence 

Program. 

CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2011 ............................................................................. $69,860,000 

Budget estimate, 2012 ........................................................................... 84,565,000 

Committee recommendation ................................................................. 60,000,000 

The Committee’s recommendation provides $60,000,000 for construction of research facilities. The recommendation is $9,860,000 

below the fiscal year 2011 enacted level and $24,565,000 below the 

budget request. 

The recommendation funds the highest-priority construction, 

maintenance, and repair projects at NIST. The Committee directs 
22 

NIST to provide quarterly reports on the status of all construction 

projects. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011 ............................................................................. $4,588,033,000 

Budget estimate, 2012 ........................................................................... 5,485,734,000 

Committee recommendation ................................................................. 5,022,271,000 

The Committee’s recommendation provides $5,022,271,000 for 

the National Oceanic and Atmospheric Administration [NOAA]. 

The recommendation is $434,238,000 above the fiscal year 2011 enacted level and $463,463,000 below the budget request. 

The Committee faces a difficult challenge in meeting the costs of 

developing NOAA’s Joint Polar-orbiting Satellite System [JPSS]. 

This is an important project, but given the constrained resources 

available in fiscal year 2012, the Committee is deeply concerned 

about the long-term drain that this program could have on NOAA’s 

other commitments, particularly in weather forecasting and critical 

investments in our ocean and coastal resources. While working to 

address the needs of the JPSS program, the Committee has tried 

to maintain its strong support of NOAA’s overall mission. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2011 ............................................................................. $3,182,511,000 

Budget estimate, 2012 ........................................................................... 3,377,607,000 

Committee recommendation ................................................................. 3,134,327,000 

The Committee’s recommendation provides $3,134,327,000 for 

NOAA’s operations, research, and facilities. The recommendation is 

$48,184,000 below the fiscal year 2011 enacted level and 

$243,280,000 below the budget request. 

NOAA NATIONAL OCEAN SERVICE

The Committee’s recommendation provides $478,653,000 for the 

National Ocean Service [NOS]. NOS programs provide scientific, 

technical, and management expertise to promote safe navigation; 

assess the health of coastal and marine resources; respond to natural and human-induced threats; and preserve the coastal ocean 

and global environments. 

The Committee’s recommendations are displayed in the following 

table: 

NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES 

[In thousands of dollars] 

Committee recommendation 

Navigation Services .......................................................................................................................................... 151,600 

Ocean Resources Conservation and Assessment ............................................................................................ 101,495 

Integrated Ocean Observing System ....................................................................................................... (37,650 ) 

Coastal Services Centers ........................................................................................................................ (37,099 ) 

Coral Reef Programs ............................................................................................................................... (26,746 ) 

Response and Restoration ............................................................................................................................... 26,531 

National Centers for Coastal Ocean Science [NCCOS] ................................................................................... 49,000 
23 

NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES—Continued 

[In thousands of dollars] 

Committee recommendation 

NCCOS Headquarters .............................................................................................................................. (36,000 ) 

Competitive External Research (HABs, Hypoxia and Regional Ecosystem) ............................................ (13,000 ) 

Ocean and Coastal Management: ................................................................................................................... 150,027 

CZM Grants ............................................................................................................................................. (66,146 ) 

CZM and Stewardship ............................................................................................................................. (8,500 ) 

National Estuarine Research Reserve System ........................................................................................ (22,281 ) 

Regional Ocean Partnership Grants ....................................................................................................... (3,500 ) 

Marine Protected Areas ........................................................................................................................... (2,000 ) 

Marine Sanctuary Program Base ............................................................................................................ (47,600 ) 

TOTAL, NOS ......................................................................................................................................... 478,653 

Navigation Services.—Within the Committee’s recommendation 

for NOAA’s navigation services, no less than $49,692,000 shall be 

for Mapping and Charting and no less than $31,000,000 shall be 

for the Address Survey Backlog. The Committee also supports the 

request for Integrated Ocean and Coastal Mapping, and favors this 

approach of maximizing NOAA’s own existing dataset to better 

serve the ocean and coastal management community rather than 

creating a new program through Coastal and Marine Spatial Planning. NOAA can fulfill the data integration goals of the National 

Ocean Policy by first maximizing existing operations and 

leveraging well-established relationships the agency already has 

with ocean researchers and coastal resource managers. To this end, 

all of NOAA’s offices, not just those within NOS, shall provide open 

access to ocean and coastal datasets for the purposes of transparency and collaboration, especially the National Marine Fisheries 

Service. NOAA is directed to present all datasets in useful and 

meaningful ways to all users. 

Coastal Services Center.—The Committee provides the requested funding for the Coastal Services Center, which includes $2,800,000 

for the Coastal Storms Program. An additional $4,000,000 is provided to continue the competitive Geospatial Modeling Grants Program. 

Integrated Ocean Observing System.—The Committee supports the administration’s request of no less than $31,055,000 for regional partnerships, which includes funding for sensor technology 

development. 

Response and Restoration.—The bill includes $26,531,000 for response and restoration, of which no less than $5,000,000 shall be 

for marine debris activities. Extra funding is provided above the request to track and mitigate the immense debris field generated by 

the Japanese earthquake and tsunami that struck in March 2011. 

Based on ocean current data, the debris field is anticipated to impact the American Pacific islands as early as the end of fiscal year 

2011, and the continental United States during fiscal year 2012. 

The Deepwater Horizon oil spill revealed that NOAA’s Office of 

Response and Restoration [ORR] staff was overextended. Today, 

the agency still lacks the ability and capacity to effectively respond 

to concurrent oil or chemical spills in different parts of the country. 

While the costs of NOAA’s response and restoration efforts for the 

Deepwater Horizon spill should ultimately be reimbursed by re-
24 

sponsible parties, it is imperative that NOAA have appropriate levels of baseline funding to conduct response efforts as needed. 

NOAA is directed to provide the Committee with a multi-year 

budget starting with the fiscal year 2013 request that reflects an 

updated and more realistic core staffing and resource profile for 

ORR based on lessons learned from Deepwater Horizon. This request shall go beyond oil spill research and development, which 

were the only requested increases to ORR for 2012 and shall consider operational resources as the top priority. 

NOAA NATIONAL MARINE FISHERIES SERVICE

The Committee’s recommendation provides $811,441,000 for the 

National Marine Fisheries Service [NMFS]. NMFS programs provide for the management and conservation of the Nation’s living 

marine resources and their environment, including fish stocks, marine mammals, and endangered species. Using science-based conservation, management, and restoration activities, these resources 

can benefit the Nation on a sustained basis. NMFS seeks to build 

sustainable fisheries, recover protected species, and sustain healthy 

coastal ecosystems and the communities that depend on them. 

Committee recommendations are displayed in the following table: 

NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND FACILITIES 

[In thousands of dollars] 

Committee 

recommendation 

Protected Species Research and Management ............................................................................................... 177,930 

Fisheries Research and Management .............................................................................................................. 420,283 

Enforcement and Observers ............................................................................................................................. 106,806 

Habitat Conservation and Restoration ............................................................................................................ 41,789 

Other Activities Supporting Fisheries .............................................................................................................. 64,633 

TOTAL, NMFS ....................................................................................................................................... 811,441 

NMFS Facilities.—Within 60 days of enactment of this act, 

NOAA is directed to provide the Committee a report detailing a full 

analysis of relocating the NMFS northeast regional office closer to 

NOAA’s headquarters within 2 years. This central office serves the 

eastern seaboard from Maine to North Carolina, and as far west 

as Minnesota. Better centrally locating the facility in an area close 

to NMFS headquarters would allow greater coordination with senior management of NOAA and the Department of Commerce. The 

Committee believes this will provide for efficiencies and enhance 

management, while still maintaining a strong regional presence. 

Protected Species Research and Management.—The Committee 

provides no less than $49,653,000 for marine mammal activities 

and $12,887,000 for marine turtle activities from amounts within 

Protected Species Research and Management. NOAA is directed to 

use a portion of the funds to support section 119 of the Marine 

Mammal Protection Act. 

Fisheries Research and Management.—Within the Committee’s 

recommendation for fisheries research and management, no less 

than $67,120,000 shall be for annual stock assessments, 

$28,662,000 shall be for Salmon Management activities, and 

$24,446,000 shall be for fisheries statistics. Within the increased 
25 

funding for annual stock assessments, priority shall be given to 

critically underserved regions that serve the needs of multiple 

international Regional Fishery Management Organizations. 

Pacific Salmon Treaty.—Within the amount provided for Salmon 

Management activities, the Committee provides a total of 

$9,759,000 to enable the States and tribal communities to move 

forward on necessary Pacific Salmon Treaty agreements. In addition, the Committee fully supports all other aspects of the budget 

request for Salmon Management activities that are essential to 

meeting these treaty obligations. 

American Lobster.—The southern New England stock of American lobster has been in decline and under increasing stress. Although the Atlantic States Marine Fishery Commission exercises 

primary regulatory responsibility for this fishery, portions of six 

out of seven management areas are in Federal waters. NMFS implements complementary regulations for the fishery in these areas, 

but a dearth of data about the condition of this fishery still exists. 

To improve coordination and consistency, NMFS is directed to engage the industry in conducting surveys and research that complements activities undertaken by the States. 

Bycatch Reduction.—The development and implementation of 

practical bycatch solutions is a priority of U.S. and international 

fisheries management and protected species conservation. The 

Committee supports the requested amount for Reducing Bycatch, of 

which NMFS is directed to make $2,500,000 available for competitive grants to non-Federal researchers working with U.S. fishermen 

on the development of improved fishing practices and innovative 

gear technologies. 

Shellfish Research.—The Committee expects NOAA to use an appropriate portion of the research funding to support projects—conducted collaboratively by universities and commercial shellfish producers—that produce improved shellfish broodstock, and also monitor and mitigate the effects of pathogens and ocean acidity on 

shellfish production. 

Enforcement and Observation.—The Committee provides a total 

of $65,732,000 for fisheries enforcement and surveillance, and a 

total of $41,074,000 for fisheries observers and observer training. 

The Committee is concerned that the transition to the Northeast 

Multispecies Fishery Sector Management Program continues to 

present substantial financial challenges to the economic sustainability of fishing communities throughout the northeast region. 

Within the funds provided, the Committee directs NMFS to provide 

adequate funding for at-sea and dockside monitoring for fisheries 

transitioning to approved catch share management plans. 

Habitat Conservation and Restoration.—The Committee provides 

a total of $41,789,000 for habitat conservation and restoration programs. For the fiscal year 2013 budget request, NOAA is directed 

to consolidate funding for restoration and conservation grant programs throughout the agency, not only within NMFS, including the 

Estuary Restoration Program, the Damage Assessment, Remediation and Restoration Program, and the Coastal and Estuarine 

Land Protection Program. NOAA is directed to work with its Federal and non-Federal partners to prioritize which funding sources 

are most important to communities, eliminate duplicative activities 
26 

and administration, and establish a reasonable path forward for 

sound environmental restoration within the scope of the agency’s 

authorization and financial potential. 

Other Activities Supporting Fisheries.—The Committee provides a total of $64,633,00 for other activities supporting fisheries, of 

which not less than $11,000,000 shall be for cooperative research, 

$12,228,000 for Regional Studies and $8,000,000 for aquaculture 

activities. Within 15 days of obligating Cooperative Research funding, the agency is directed to provide the Committee with a report 

detailing all grants management information about Cooperative 

Research recipients including indirect costs and overhead charges. 

Regional Studies.—The Committee supports the request for regional studies. NOAA’s Chesapeake Bay Office [CBO] is directed to 

collaborate with State agencies and the National Sea Grant Programs to advance multiple species management. The Committee 

also directs NOAA to provide the Committee with a report within 

60 days of enactment of this act detailing a clear strategic plan for 

transferring the Cooperative Oxford Laboratory [COL] from the 

National Centers for Coastal Ocean Science to CBO. 

Fisheries Asset Forfeiture Fund.—The Committee recognizes that 

the administration has improved the accounting procedures for the 

Fisheries Asset Forfeiture Fund and therefore provides bill language in section 110 of this title that allows for further fiscal transparency. The Committee is also aware of associated proposals to redirect the use of the fund to activities other than fisheries enforcement. However, the Committee’s concerns about this fund focus 

more on financial oversight than authorized uses. Any newly proposed uses of the funds that may deviate from activities outlined 

in section 311(e) of the Magnuson-Steven Fisheries Conservation 

and Management Act should be addressed though the Senate Committee on Commerce, Science, and Transportation. 

NOAA OCEANIC AND ATMOSPHERIC RESEARCH

The Committee’s recommendation provides $362,848,000 for Oceanic and Atmospheric Research [OAR]. OAR programs provide the 

environmental research and technology needed to improve NOAA 

weather, air quality warnings, forecasts, climate predictions, and 

marine services. To accomplish these goals, OAR supports a network of scientists in its Federal research laboratories, universities, 

and joint institutes and partnership programs. 

The Committee notes that the fiscal year 2012 request for 

NOAA’s new Climate Service was made at the expense of substantial funding from OAR’s climate research activities. The Committee 

does not see the value of having a research line office if research 

activities are requested elsewhere in the agency. In addition, the 

proposed reorganization of NOAA to create the Climate Service 

presented a unique opportunity to migrate research-related activities that exist in other NOAA line offices into OAR. However, such 

a consolidation was not proposed. 

To maintain a consistent research line office, the Committee retains much of the agency’s climate research funding, include climate-related Cooperative Institutes, in OAR. Given the pending fiscal constraints facing the agency, NOAA needs to make a decision 

about the future of research within the agency. The Committee di-
27 

rects NOAA to include in its fiscal year 2013 request either a more 

realistic and viable justification for OAR, or to propose to eliminate 

basic research from NOAA’s portfolio and incorporate OAR’s applied research functions into their respective line offices. 

Committee recommendations are displayed in the following table: 

OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Committee recommendation 

Climate Research ........................................................................................................................................... 163,483 

Laboratories and Cooperative Institutes ............................................................................................... (53,483 ) 

Competitive Research Program ............................................................................................................. (110,000 ) 

Weather and Air Quality Research Programs ................................................................................................ 62,596 

Ocean, Coastal, and Great Lakes Research .................................................................................................. 124,769 

Laboratories and Cooperative Institutes ............................................................................................... (24,246 ) 

National Sea Grant College Program .................................................................................................... (65,000 ) 

Ocean Exploration ................................................................................................................................. (29,523 ) 

Integrated Ocean Acidification ............................................................................................................. (6,000 ) 

High-performance Computing Initiatives ....................................................................................................... 12,000 

TOTAL, OAR ....................................................................................................................................... 362,848 

Laboratories and Cooperative Institutes.—The Committee remains concerned that NOAA is underfunding cooperative institutes 

and creating new partnerships with the external community under 

false pretenses. The Committee provides an increase to help bridge 

the gap but expects the administration to fully fund these cooperative institutes, including well-established institutes focused on 

coral reef research and watershed impacts on marine ecosystems, 

and laboratories at appropriate levels in future years. 

National Sea Grant College Program.—The Committee provides $65,000,000, of which $5,000,000 is for marine aquaculture research and $1,200,000 is for aquatic invasive species research; both 

activities shall be coordinated by NOAA’s Sea Grant office. The 

Committee continues to recognize the important role the Sea Grant 

program plays in connecting coastal and Great Lakes communities 

with practical research and results, and encourages the growth of 

this program in future budget requests. 

Unmanned Aerial Systems.—The Committee encourages NOAA 

to continue research involving unmanned aerial systems that could 

support the agency’s operations, especially weather forecasting and 

hurricane tracking. 

NOAA NATIONAL WEATHER SERVICE

The Committee’s recommendation provides $893,480,000 for the 

NOAA National Weather Service [NWS]. NWS programs provide 

timely and accurate meteorologic, hydrologic, and oceanographic 

warnings and forecasts to ensure the safety of the population, mitigate property losses, and improve the economic productivity of the 

Nation. NWS is also responsible for issuing operational climate 

forecasts for the United States. Of the amounts provided, no less 

than $631,121,000 shall be for Local Warnings and Forecasts. 

NWS Operations and Organization.—The National Academy of 

Sciences is currently conducting an end-to-end assessment of the 

NWS modernization and will be making recommendations on how 
28 

NWS can improve current partnerships with Federal and non-Federal partners and incorporate new technologies for improved services. With regards to organizational structure internal to NWS, 

NOAA is directed to enter into a contract with the National Academy of Public Administration for the purposes of evaluating efficiencies that could be made to the NWS organization. Given the 

current fiscal climate, such independent information will be important to the Committee and to the administration to make informed 

decisions about future budget requests that support NWS operations. 

National Mesonet Strategy.—The need for significant improvement to the Nation’s mesoscale weather observing capabilities is 

well documented. Many Federal agencies including the Department 

of Commerce, the Department of Transportation, and the Department of Energy, along with State and local agencies, and the private and academic sectors have long desired a national mesonet for 

improved comprehensive understanding of our environment. A national mesonet is a nationwide, integrated network of surfacebased, atmospheric monitoring sensors at the county and local 

scale that will improve real-time detection and forecasting of 

weather, especially high-impact severe weather. However, progress 

toward a national mesonet has been sporadic and often not focused. 

In order to satisfy this critical national need, the Director of NWS 

shall lead a study that establishes a peer-reviewed plan and budget 

for finally achieving a national mesonet, including the role of the 

Meteorlogical Assimilation Data Ingest System [MADIS] and the 

evolution of this observation network to include climate sensors for 

the study of greenhouse gas emissions. This study should include 

users and data providers, and it should involve the private sector, 

academia, and the government at the local, State, and Federal levels. It should be delivered with specific recommendations on implementation no later than 180 days from enactment of this act. 

National Mesonet Operations.—Within amounts provided for 

NWS, $16,000,000 shall be for continuation and expansion of the 

competitive National Mesonet Program, including: (1) $10,000,000 

to procure data to support programs previously funded under the 

National Mesonet initiative; (2) $3,000,000 for expansion of procurements of surface in-situ observations from non-Federal networks in urban and nonurban regions of the country for purposes 

of monitoring weather, climate and dispersion forecasting, of which 

75 percent of the funds shall be for data procurements (such as exclusive software or infrastructure necessary for the acquisition of 

the data) from existing networks within Urban Area Security Initiative eligible cities not already covered by NOAA’s Mesonet network that possess significant in-place observing assets and demonstrated records of performance, including well-spaced commercial 

grade observing systems within a 30-mile radius of each city center, delivery of consistently high-quality observations in near realtime and with 1-minute frequency, supported by continuous operations center as well as highly trained and equipped field personnel 

responsible for documented maintenance, calibration and metadata 

collection activities, of which 25 percent of the funds shall be utilized specifically for data procurements from existing networks in 

non-urban areas that possess similar demonstrated records of per-
29 

formance for network size, operations and maintenance; (3) 

$1,500,000 for continued transition to operation of the Mobile Platform Environment [MoPED] system with expansion to additional 

vehicle fleets and other mobile platforms; (4) $750,000 for enhancements to MADIS, including continued evolution of metadata handling and performance capabilities; and (5) $500,000 for the National Mesonet program office for oversight and data utilization initiatives. NOAA is expected to include a robust and expanded national mesonet program in its fiscal year 2013 budget request. 

Severe Storm Forecasts.—The Committee is concerned that 

NOAA depends on 30-year-old technology to forecast severe storms, 

despite the existence of advanced remote sensing technology that 

could significantly improve forecasting capability and increase 

warning times. Therefore, the Committee directs NOAA to develop 

a plan for a mid-decade deployment of an advanced hyper-spectral 

sounder to improve the forecasting of severe weather and do so in 

the most timely, efficient and cost-effective means possible. NOAA 

shall submit this plan to the Committee within 90 days of enactment of this act. 

Flood Forecasts.—The Committee provides an additional $2,000,000 to NOAA’s request for Advanced Hydrological Prediction 

Services for a total of $8,119,000, and directs the agency, working 

in consultation with the U.S. Geological Survey and the U.S. Army 

Corps of Engineers, to enter into formal agreements with river 

commissions throughout the country for the purposes of leveraging 

stream and river data and information for coordinated flood forecasts. Initial priority for creating such agreements shall be given 

to Federal-interstate compact commissions given their unique congressional authority. River commissions provide critical data to 

NWS via a network of stream and rain gages which is used to create accurate and timely flood forecasts and warnings, thereby saving human lives. 

NATIONAL ENVIRONMENTAL SATELLITE SERVICE

The Committee’s recommendation provides $110,490,000 for the 

National Environmental Satellite Service [NESS] operations. NESS 

programs operate environmental polar-orbiting and geostationary 

satellites and collect and archive global environmental data and information for distribution to users in commerce, industry, agriculture, science and engineering, the general public, and Federal, 

State and local agencies. 

NOAA CLIMATE SERVICE

The Committee recommendation provides $161,549,000 for the 

NOAA Climate Service, of which $27,803,000 is for Integrated Climate Services, and $133,746,000 is for Observations and Monitoring. The funding requested by the administration for climate activities that directly relate to competitive research and Cooperative 

Institutes is funded within OAR. 

Within the funds provided, no less than $7,000,000 shall be for 

Regional Services, no less than $6,000,000 for the Climate Data 

Modernization Program, and NOAA is also directed to continue 

funding the National Coastal Data Development Center per the administration’s request. 
30 

NOAA-WIDE PROGRAM SUPPORT

The Committee recommendation provides $431,964,000 for 

NOAA-wide program support. These programs provide for overall 

NOAA management, including staffing of the Under Secretary’s office and services to NOAA and DOC field offices through the regional Administrative Support Centers. These programs also support NOAA’s Education Office consistent with the recommendations of the Joint Ocean Commission. The facilities subactivity provides for repair and maintenance to existing facilities, facilities 

planning and design, and environmental compliance. The Office of 

Marine and Aviation Operations provides aircraft and marine data 

acquisition, repair, and maintenance of the existing fleet, planning 

of future modernization, and technical and management support 

for NOAA-wide activities through the NOAA Commissioned Officer 

Corps. 

Committee recommendations are displayed in the following table: 

PROGRAM SUPPORT OPERATIONS, RESEARCH, AND FACILITIES 

[In thousands of dollars] 

Committee 

recommendation 

Corporate Services ........................................................................................................................................... 219,291 

NOAA Education Program ................................................................................................................................. 31,540 

Marine and Aviation Operations and Maintenance ......................................................................................... 181,133 

TOTAL, PROGRAM SUPPORT ................................................................................................................ 431,964 

Corporate Services.—The Committee remains concerned about 

the lack of transparency of all administrative costs incurred by 

NOAA’s corporate staff and line offices, including regional and field 

offices. A January 2011 GAO report, commissioned by this Committee, validates these concerns by recommending that NOAA improve its policies and procedures for providing management and 

administration [M&A] services. Without transparent accounting, 

the Committee will not know the true agency-wide administrative 

costs that currently far outweigh the corporate services appropriation. NOAA has continued to tax line office programs for a portion 

of its corporate administrative costs through a direct billing process 

that is not visible to the Committee. Over the past 5 years, the corporate services appropriation has accounted for a declining share 

of total NOAA corporate administrative costs, while the direct billing share of these costs has increased significantly. 

The Committee directs NOAA to implement the GAO recommendations by requiring NOAA’s headquarters, line offices, and 

financial management centers to document policies and procedures 

for M&A services provided, in line with internal control and Federal cost accounting standards. Such documentation should include 

at a minimum: (1) policies regarding the types of M&A services 

provided; (2) the procedures used each year to determine the costs 

of M&A services; (3) policies and procedures for assigning the costs 

of M&A services to specific programs, activities, or outputs that 

benefit from the services and the results of that cost assignment; 

and (4) the justification for why those assignments are appropriate. 
31 

In addition, the Committee directs NOAA to include a report 

with the 2012 spend plan that identifies total NOAA administrative costs for fiscal years 2011 and 2012 for NOAA corporate staff 

and for each line office, including the Office of Marine and Aircraft 

Operations. The report shall also identify the administrative costs 

incurred by these organizational entities, as well as the field offices 

and financial management centers, for the standard administrative 

functions described above. Similar tables shall be included in all 

subsequent NOAA annual budget justifications provided to Congress. 

Education.—Within the funds provided for NOAA’s Education Program, $8,040,000 is for competitive educational grants, of which 

$2,500,000 is to continue the ocean education partnerships and 

$2,000,000 is to improve geographic literacy in our Nation’s schools 

by utilizing NOAA’s national network of weather and environmental activities; $14,300,000 is for the educational partnership 

program with minority serving institutions; and a total of 

$7,200,000 is provided for Bay-Watershed Education and Training 

regional programs. 

Justification Improvement.—NOAA is directed to continue to 

work with the Committee to reformat the budget justification into 

a more transparent, informative and user-friendly document. 

Research and Development [R&D] Tracking and Outcomes.—The 

Committee directs NOAA to continue to track the division of R&D 

funds between intramural and extramural research; assure consistency and clarity in the collection and reporting of data; clearly 

state expected research outcomes and available funding to provide 

transparency into the competitive grant process; and increase extramural research funding in future requests to build broad community support and leverage external funding for mission-oriented 

research. 

Marine and Aviation Services.—Within the funds provided for marine and aviation services, no less than $29,358,000 shall be for 

aviation operations. 

PROCUREMENT, ACQUISITION, AND CONSTRUCTION

Appropriations, 2011 ............................................................................. $1,332,682,000 

Budget estimate, 2012 ........................................................................... 2,052,777,000 

Committee recommendation ................................................................. 1,833,594,000 

The Committee’s recommendation provides $1,833,594,000 for 

NOAA’s procurement, acquisition, and construction. The recommendation is $500,912,000 above the fiscal year 2011 enacted 

level and $219,183,000 below the budget request. 

Committee recommendations are displayed in the following table: 

PROCUREMENT, ACQUISITION AND CONSTRUCTION 

[In thousands of dollars] 

Committee recommendation 

National Ocean Service: 

Coastal and Estuarine Land Protection Program ................................................................................. 5,000 

National Estuarine Research Reserve Construction and Land Acquisition ......................................... 1,690 

Marine Sanctuaries Construction/Acquisition ....................................................................................... 5,495 
32 

PROCUREMENT, ACQUISITION AND CONSTRUCTION—Continued 

[In thousands of dollars] 

Committee recommendation 

Total, National Ocean Service—PAC ............................................................................................... 12,185 

Climate Service: 

Research Super Computing .................................................................................................................. 6,379 

Regional Climatology Network Modernization ....................................................................................... 3,700 

EOS & Advanced Polar Data Processing, Distribution & Archiving ..................................................... 990 

Data Center Modernization ................................................................................................................... 2,846 

CLASS .................................................................................................................................................... 6,476 

Total Climate Service ....................................................................................................................... 20,391 

National Weather Service: 

ASOS ...................................................................................................................................................... 1,635 

AWIPS .................................................................................................................................................... 23,952 

NEXRAD ................................................................................................................................................. 5,819 

NWSTG Legacy Replacement ................................................................................................................. 1,195 

Radiosonde Network Replacement ........................................................................................................ 4,014 

Weather and Climate Supercomputing ................................................................................................. 33,174 

Complete and Sustain NOAA Weather Radio ........................................................................................ 5,594 

NOAA Profiler Network ........................................................................................................................... 5,000 

WFO Construction .................................................................................................................................. 3,150 

Total, National Weather Service—PAC ............................................................................................ 83,533 

National Environmental Satellite Services: 

Geostationary Systems [GOES–N] ......................................................................................................... 33,967 

Geostationary Systems [GOES–R] ......................................................................................................... 617,390 

Polar Orbiting Systems [POES] ............................................................................................................. 34,816 

Joint Polar Satellite Systems [JPSS] ..................................................................................................... 920,794 

JASON–3 ................................................................................................................................................ 20,306 

DSCOVR ................................................................................................................................................. 47,300 

CIP—single point of failure ................................................................................................................. 2,772 

NPP Data Exploration ............................................................................................................................ 4,455 

Satellite CDA Facility ............................................................................................................................ 2,228 

Restoration of Climate Sensors ............................................................................................................ 28,957 

Total, NESS—PAC ............................................................................................................................ 1,712,985 

Program Support: 

Vessel Equip. and Tech Refresh ........................................................................................................... 11,100 

New Vessel Construction ....................................................................................................................... 1,400 

Total, Program Support—PAC .......................................................................................................... 12,500 

Unobligated balances from prior years ......................................................................................................... (8,000 ) 

GRAND TOTAL, PAC ........................................................................................................................... 1,833,594 

Joint Polar Satellite System [JPSS].—The Committee provides 

$920,794,000 for JPSS, which is $436,530,000 above the 2011 

spend plan level. The Committee remains concerned about the lack 

of long-term budgeting for JPSS as well as decisional delays caused 

by uncertainty over the transition of the legacy program, including 

the migration of legacy contracts to the JPSS program and ongoing intellectual property disputes. The Committee has repeatedly 

requested updated and detailed budget plans for the life-cycle of 

the program. NOAA is reminded that section 112 of division B of 

Public Law 110–161 applies to JPSS, which continues as section 

105 of this act. 
33 

The original cost to complete JPSS, excluding climate sensors, was originally projected to surpass $11,900,000,000 through fiscal 

year 2024. The Committee does not believe the current fiscal climate can achieve this funding level, nor will the Committee continue to allow a single satellite program to jeopardize the base 

funding for every other agency in this bill, including the erosion of 

NOAA’s non-satellite operations. Therefore, the Committee directs 

NOAA to modify the scope and cost of the JPSS program in the following manner while preserving the mission’s primary objective of 

providing data for predicting and forecasting weather. 

First, the Committee expects NOAA to reduce the program’s total 

life cycle cost, with the exception of climate sensors, to 

$9,423,000,000 through 2024. This means from 2012 through 2024, 

NOAA will have a remaining budget of $6,060,000,000, of which 

$920,794,000 is provided in 2012. Should JPSS operate beyond 

2024 based on extended satellite performance, the Committee will 

certainly entertain an extension with associated funding. 

Second, NOAA is directed to provide the Committees with an updated budget plan for JPSS no later than 60 days after enactment 

of this act that keeps life cycle costs within this framework. In addition, the agency shall propose a firm cap on the costs of each payload sensor, spacecraft, and the ground segments. The original projected cost of a launch vehicle shall remain the same as originally 

budgeted for in February 2010. Funding for program management, 

execution and operations shall also be delineated, including a sufficient budget for contingency and reserve funding to handle unanticipated problems in the development of JPSS–1 and JPSS–2. 

Third, NOAA shall provide a report, within 60 days of enactment 

of this act, quantifying the value of JPSS data to other Federal 

agencies. NOAA shall establish a compensation policy that requires 

the agency to be fully reimbursed by appropriate Federal agencies 

or scientific institutions for the use of JPSS data, information and 

products. The Committee takes note of various agencies and institutions that have commented on the importance of JPSS and 

weather forecasting to their own operations and how full funding 

for the program is needed regardless of current fiscal constraints. 

The Committee also notes that none of these entities have offered 

any financial support for such an important program. Indeed, JPSS 

is as much of a national asset as it is a NOAA asset, and NOAA’s 

baseline weather information shall be available to all. However, 

NOAA shall be reimbursed for any special products, services, data 

transfers, or any activities conducted in collaboration with any 

other Federal agency or non-Federal entity per section 112 of this 

title. 

Fourth, NOAA is prohibited from using appropriations to fund 

the development of any JPSS-related weather or climate instrument to fly on any satellite outside of the JPSS program without 

the express consent of the Committee. 

Fifth, the Committee directs NOAA to ensure the launch date of 

JPSS–1 does not slip beyond the fall of 2016 to minimize the potential gap in civil weather forecasting. To mitigate any such gap, 

NOAA is directed to explore cost-effective and logistically reasonable options for acquiring weather data from our international 

space partners or from industry. 
34 

Sixth, NOAA is directed to keep weather forecasting as the prime 

objective of the JPSS mission, and to minimize risk. To this end, 

any associated climate sensors that become the critical path for 

JPSS will be cancelled. Given the fiscal environment and JPSS’s 

low tolerance for risk, NOAA shall explore the feasibility of using 

smaller platforms to accommodate climate sensors in order to accomplish NOAA’s climate goals. 

NOAA Satellite Reporting.—Beginning with fiscal year 2013 and 

for every fiscal year thereafter, the Committee directs NOAA to 

provide multi-year budget projections for all active satellite systems within the agency’s request that cover the full life-cycle costs, 

including previous appropriations, broken out by year. For each 

satellite, NOAA shall clearly state the intended launch date listed 

to the closest quarter. At a minimum, NOAA is further directed to 

provide the Committee with quarterly programmatic and procurement status reports of all satellites actively flying and under development unless any reprogramming, system failure or other extraordinary circumstance warrants an immediate update. 

NOAA Pacific Regional Center.—The Committee clarifies that 

funds previously appropriated for development of the NOAA Pacific 

Regional Center are also intended for development of an accompanying Child Development Center. 

PACIFIC COASTAL SALMON RECOVERY FUND

Appropriations, 2011 ............................................................................. $79,840,000 

Budget estimate, 2012 ........................................................................... 65,000,000 

Committee recommendation ................................................................. 65,000,000 

The Committee’s recommendation provides $65,000,000 for the 

Pacific Coastal Salmon Recovery Fund. The recommendation is the 

same as the budget estimate. Funds are for conservation and restoration of Pacific salmon populations. State and local recipients of 

this funding will provide matching contributions of at least 33 percent of Federal funds. In addition, funds will be available to tribes, 

which do not require matching dollars. 

FISHERMAN’S CONTINGENCY FUND

Appropriations, 2011 ............................................................................. ........................... 

Budget estimate, 2012 ........................................................................... $350,000 

Committee recommendation ................................................................. 350,000 

The Committee’s recommendation provides $350,000 for the 

Fisherman’s Contingency Fund. The recommendation is $350,000 

above the fiscal year 2011 enacted level and the same as the President’s request. 

FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2011 ............................................................................. ¥$6,000 

Budget estimate, 2012 ........................................................................... ¥10,000 

Committee recommendation ................................................................. ¥11,000 

The Committee recommends that direct loans administered 

through this account for individual fishing quotas may not exceed 

$24,000,000 and traditional direct loans may not exceed 

$59,000,000. 
35 

OTHER 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $57,884,000 

Budget estimate, 2012 ........................................................................... 64,871,000 

Committee recommendation ................................................................. 56,726,000 

The Committee’s recommendation provides $56,726,000 for Departmental Management Salaries and Expenses. The recommendation is $1,158,000 below the fiscal year 2011 enacted level and 

$8,145,000 below the budget request. 

Within Departmental Management, the Salaries and Expenses 

account provides funding for the Secretary, Deputy Secretary, and 

support staff. Responsibilities involve policy development and implementation affecting United States and international activities, 

as well as establishing internal goals and operations of the Department. 

Data Center Consolidation.—The Committee encourages DOC to 

accelerate data center consolidation efforts throughout the Department and to provide the Committee with a report 90 days from enactment of this act outlining the plan, strategy and cost savings of 

the consolidation. As an incentive for each Commerce agency to collaborate with DOC headquarters on this issue, the Committee recommends that all savings associated with any proposed consolidations shall remain within the Department. The Committee suggests 

that one-half of any savings should stay within any agency able to 

participate in data consolidation. Such funds should directly support the agency’s base operations or any reprogramming requests 

submitted to the Committee. 

The other one-half of any savings shall fund improvements to the 

Department’s internal cybersecurity controls as proposed in the 

2012 budget request. The Committee shares the inspector general’s 

concerns that DOC needs to improve cybersecurity protocols 

throughout the Department. 

National Manufacturing Strategy.—Within 180 days of enactment of this act, the Department is directed to submit to the Committee, and publish on a public Web site, a National Manufacturing 

Strategy, which assesses the Nation’s manufacturing sector, develops a strategy that includes specific goals, in addition to goals in 

the export market, and outlines the initiatives the administration 

is pursuing to achieve those goals and strengthen our Nation’s 

manufacturing sector. 

RENOVATION AND MODERNIZATION

Appropriations, 2011 ............................................................................. $14,970,000 

Budget estimate, 2012 ........................................................................... 16,150,000 

Committee recommendation ................................................................. 5,000,000 

The Committee recommendation provides $5,000,000, which is 

$9,970,000 below the fiscal year 2011 enacted level and 

$11,150,000 below the budget request for building renovation at 

the Department of Commerce. 
36 

OFFICE OF INSPECTOR GENERAL

Appropriations, 2011 ............................................................................. $26,946,000 

Budget estimate, 2012 ........................................................................... 33,520,000 

Committee recommendation ................................................................. 26,946,000 

The Committee recommendation provides $26,946,000. The recommendation is the same as the fiscal year 2011 enacted level and 

$6,574,000 below the budget request. 

In addition to funds provided under this heading, the Committee 

has recommended a transfer to the inspector general of $1,000,000 

from the U.S. Patent and Trademark Office and $1,000,000 from 

the Census Bureau for oversight and audits of those activities. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

Section 101 makes Commerce Department funds available for advanced payments only upon certification of officials designated by 

the Secretary that such payments are considered to be in the public 

interest. 

Section 102 makes appropriations for salaries and expenses 

available for the hire of passenger motor vehicles, and for services, 

uniforms, and allowances as authorized by law. 

Section 103 provides the authority to transfer funds between Department of Commerce accounts and within NOAA appropriations. 

The provision makes transfers subject to the Committee’s standard 

reprogramming procedures. 

Section 104 provides that any cost resulting from personnel actions shall be absorbed by the affected Department or Agency. 

Section 105 extends congressional notification requirements for 

the NOAA satellite programs. 

Section 106 provides authority for the Secretary of Commerce to 

furnish certain services within the Herbert C. Hoover Building. 

Section 107 clarifies that grant recipients under the Department 

of Commerce may continue to deter child pornography, copyright 

infringement, or any other unlawful activity over their networks. 

Section 108 provides NOAA the authority to share resources with 

entities outside the agencies. 

Section 109 cancels the Coastal Zone Management Fund. 

Section 110 establishes the Fisheries Enforcement Asset Forfeiture Fund. 

Section 111 establishes the Sanctuaries Enforcement Asset Forfeiture Fund. 

Section 112 provides NOAA the authority to accept funding from 

entities outside the agencies. 

Section 113 clarifies management of highly migratory fish stocks. 
(37) 

TITLE II 

DEPARTMENT OF JUSTICE 

The Committee recommends a total of $26,907,016,000 for the 

Department of Justice [DOJ]. The recommendation is $482,134,000 

below the fiscal year 2011 funding level and $1,817,323,000 below 

the budget request. 

Spending cuts have real consequences, and the Committee’s recommendation for the Department of Justice reflects that reality. 

The Committee makes tough and ultimately unpopular budgetary 

decisions regarding funding for the Department’s critical ongoing 

missions and activities to protect the safety, security and rights of 

our citizens. 

The Committee must provide an increase of more than 

$350,000,000 above fiscal year 2011 to safely guard the Nation’s 

growing Federal prison inmate and detention populations. While 

these activities are not considered mandatory for budget purposes, 

they are not truly discretionary in that the Committee has an obligation to adequately fund them regardless of budgetary constraints. Given the limited flexibility of the Federal prison and detention budget requests, and unless the inmate populations experience unforeseen decreases, the day approaches fast when Federal 

prisons and detention demands swallow the Justice Department’s 

budgetary resources. 

Given these urgent challenges within current budgetary constraints, the Committee was forced to reduce activities for which it 

has historically provided increases. The Committee’s recommendation regrettably cuts nearly all other Federal law enforcement 

agencies—including the Federal Bureau of Investigation [FBI], 

Drug Enforcement Administration [DEA], Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF], U.S. Marshals Service, and 

U.S. Attorneys—by up to 2 percent from fiscal year 2011 enacted 

levels. State and local grant programs are cut by over 

$482,000,000, or by 17 percent, compared with fiscal year 2011 levels. Over 20 grant programs are eliminated and the surviving programs face substantial reductions. Faced with these cuts, the Department of Justice, along with its State and local law enforcement 

and criminal justice partners, will struggle to carry out their mission and mandate to protect our Nation from terrorists, guard our 

neighborhoods from violent crime, and uphold the rule of law. 

Staying in Front of Emerging Technologies.—With the advent of 

third and fourth-generation communication networks, Americans 

will enjoy more flexibility, capabilities, and choices in when, where, 

and how they communicate than ever before. These technological 

advances will drive innovation and development across the economy. However, criminals are also capitalizing on emerging communications technologies. In the United States, State, local, and Fed-
38 

eral law enforcement have used electronic surveillance to track 

down, apprehend, and prosecute members of drug trafficking organizations, violent transnational gangs, and child pornography and 

prostitution rings. Examples of such successes are the Attorney 

General’s announcements earlier this year of Operation Delego, 

which targeted international online sex predators who made, distributed and wallowed in pornography targeting children ages 12 

and younger; Operation Shadowbox, which orchestrated a takedown targeting the Mexican Sinaloa Cartel and Iraqi narcotics trafficking elements; the FBI’s international crackdown against computer hacking groups such as ‘‘Anonymous;’’ and Project Delirium’s 

arrests of thousands of members and associates of the notorious 

mafia La Familia Michoacana drug cartel. 

The Committee is concerned that with the rapid deployment of 

telecommunications and data communications technology, law enforcement does not have the ability to keep up with these technological changes, impacting collection, and surveillance capabilities. 

Without a proactive approach to addressing these technological 

gaps, criminal investigations will be crippled. The Committee directs the Attorney General to report to the Committee no later 

than 60 days after enactment of this act on whether the Department of Justice has the resources it needs to preserve law enforcement’s electronic surveillance capabilities in the face of third and 

fourth generation communication technologies. If not, the Committee directs the Attorney General to provide recommendations on 

what resources are necessary to ensure that Federal law enforcement agencies, as well as State and local law enforcement, maintain the technological capabilities to conduct lawful electronic surveillance. 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $118,251,000 

Budget estimate, 2012 ........................................................................... 134,225,000 

Committee recommendation ................................................................. 115,886,000 

The Committee’s recommendation provides $115,886,000 for General Administration salaries and expenses. The recommendation is 

$2,365,000 below the fiscal year 2011 enacted level and 

$18,339,000 below the budget request. 

The General Administration account provides funding for senior 

policy officials responsible for Departmental management and policy development. The specific offices funded by this account include 

the following: the immediate Office of the Attorney General; the 

immediate Office of the Deputy Attorney General; the immediate 

Office of the Associate Attorney General; Office of Legal Policy; Office of Public Affairs; Office of Legislative Affairs; Office of Professional Responsibility; Office of Intergovernmental and Public Liaison; and the Justice Management Division. 

Office of Legislative Affairs [OLA].—OLA needs to provide the 

Committee with information proactively and in a timely manner, 

but this has not been consistent practice over the past 3 years. 

OLA is directed to take whatever steps are necessary (including 

communicating with the White House to end unhelpful and coun-
39 

terproductive information embargoes) to improve the sharing of information with Congress. 

International Organized Crime [IOC].—The bill includes funds 

for the IOC Intelligence and Operations Center, the Attorney General’s Organized Crime Council Program Support Office and IOC 

increases requested in other bureaus. Resources requested to provide a central fund for IOC case operation costs, however, should 

continue to be derived from the Attorney General’s special projects 

fund or other available sources. If the IOC initiative is intended to 

be a permanent fixture that will appear in future requests, the Department of Justice [DOJ] should develop a strategy for funding 

this program somewhere other than the executive leadership budget. 

Cooperation with the Government Accountability Office [GAO].— 

The Department is directed to develop, in consultation with GAO, 

a compromise that will allow congressional oversight to proceed as 

necessary on intelligence-related programs. As part of this negotiated compromise solution, DOJ is directed to work more broadly 

with GAO on improving the quality, quantity and timeliness of 

DOJ responses to GAO reviews on all subjects, including those that 

are not directly related to intelligence or national security programs. 

Gang Enforcement.—The Department should continue to strive 

for better cooperation among anti-gang entities and greater effectiveness in enhancing and linking gang cases. In addition, the Department shall continue keeping the Committee informed of any 

planned management and organizational changes regarding antigang efforts. 

Prison Rape Elimination.—The Department shall publish, as 

soon as possible, a final rule adopting national standards for the 

detection, prevention, reduction and punishment of prison rape as 

mandated by the Prison Rape Elimination Act [PREA] of 2003, 

which by law were due to be adopted over a year ago. Upon adoption of the national standards, the Committee will revisit how the 

Department will continue efforts to provide assistance in the form 

of training, technical assistance and implementation grants to assist State, local and tribal jurisdictions in achieving compliance 

with PREA national standards. 

Tribal Consultation.—Within 120 days of enactment of this act, 

the Attorney General shall provide the Committee with a report on 

how DOJ will use the tribal consultation process to further streamline and coordinate programs and funding opportunities for Native 

Americans, both within DOJ and with relevant programs of the Department of the Interior. 

NATIONAL DRUG INTELLIGENCE CENTER

Appropriations, 2011 ............................................................................. $33,955,000 

Budget estimate, 2012 ........................................................................... 25,000,000 

Committee recommendation ................................................................. 20,000,000 

The Committee’s recommendation provides $20,000,000 for the 

National Drug Intelligence Center [NDIC]. The recommendation is 

$13,955,000 below the fiscal year 2011 enacted level and 

$5,000,000 below the budget request. 
40 

The Committee directs the Department to submit a report to the 

Committee no later than 60 days after the enactment of this act 

detailing its future plans for NDIC, including positions and salaries. DOJ is further directed to include in its report information on 

potential employee relocations and the corresponding associated 

costs. 

JUSTICE INFORMATION SHARING TECHNOLOGY

Appropriations, 2011 ............................................................................. $60,164,000 

Budget estimate, 2012 ........................................................................... 54,307,000 

Committee recommendation ................................................................. 47,000,000 

The Committee’s recommendation provides $47,000,000 for Justice Information Sharing Technology. The recommendation is 

$13,164,000 below the fiscal year 2011 enacted level and 

$7,307,000 below the budget request. 

Cyber Security.—The Committee’s recommendation includes 

$16,086,000 as requested, so that DOJ may continue to defend 

proactively against and respond to cyber threats and attacks 

against DOJ’s networks. The Committee supports the Department’s 

efforts to better protect its networks and other information technology assets and hopes that these resources will allow DOJ to 

achieve the same success in cyber security implementation as it 

has achieved on its Federal Information Security Management 

Agency [FISMA] report card. 

TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

Appropriations, 2011 ............................................................................. $99,800,000 

Budget estimate, 2012 ........................................................................... 102,751,000 

Committee recommendation ................................................................. 87,000,000 

The Committee’s recommendation provides $87,000,000 for Tactical Law Enforcement Wireless Communications. The recommendation is $12,800,000 below the fiscal year 2011 enacted 

level and $15,751,000 below the budget request. 

This account centrally funds development, acquisition, deployment, operation and maintenance of the Justice Department’s 

narrowband wireless communications network. 

Integrated Wireless Network [IWN].—A decade after the September 11, 2001, attacks on our Nation, the Department of Justice 

continues to have significant deficiencies in its law enforcement 

communications capabilities. Over the past several years, the Committee has supported efforts to replace antiquated legacy systems 

by consolidating tower infrastructure and trunking land mobile radios—a system that provides interoperable communications among 

Federal law enforcement agencies. This effort has been deployed in 

the National Capitol Region and future deployments were planned 

for surrounding States. 

Due to budgetary constraints, the Department recently took 

steps to terminate work on the further design and deployment of 

this system. The Committee appreciates that tight budgetary constraints necessitate difficult decisions; however, interoperable communications remain a top priority. Given that the dynamics of IWN 

have changed in light of a shrinking Federal budget, the Department shall submit a report within 60 days of enactment of this act 

to the Committee on the Department’s plan moving forward, in-
41 

cluding alternative funding sources and funding options, to provide, 

deploy, maintain and operate a wireless network that addresses security vulnerabilities, improves system reliability, and achieves 

interoperability with other law enforcement and emergency responder radio infrastructure systems. The Department is expected 

to work with its Chief Information Officer to retain oversight of 

IWN, and to explore all available and viable options for advancing 

law enforcement radio infrastructure and resources, including qualitative performance metrics and analysis that assess the effectiveness of new and existing infrastructure and technology deployments. The report should also include a description of the Department’s efforts to ensure that components are purchasing equipment 

that is compliant with Project 25 standards. 

The Committee supports the broadest possible use of IWN across 

law enforcement agencies. However, the Department does not have 

the budgetary resources to fund other agencies’ use of the network. 

Should other agencies choose to use the network, they should assume the full cost of their participation. 

The Committee is concerned that the Department has used solesource contracts or existing contracts for operations and maintenance to procure several hundred million dollars worth of land mobile radios and equipment without full and open competition. While 

the Department has justified such sole-source contracts with the 

need to be backward compatible with existing proprietary systems, 

the continued use of proprietary systems will only serve to lock the 

Department into a non-P25, proprietary system from one vendor 

for years to come. The purpose of P25 is to have an open standard 

that increases competition and lowers cost. The Committee believes 

that the Department has not thoroughly considered its options or 

reviewed the examples of currently operating P25 systems. The Department shall use full and open contracting and procurement procedures. 

ADMINISTRATIVE REVIEW AND APPEALS

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011 ............................................................................. $300,084,000 

Budget estimate, 2012 ........................................................................... 332,583,000 

Committee recommendation ................................................................. 294,082,000 

The Committee’s recommendation provides $294,082,000 for Ad- ministrative Review and Appeals, of which $4,000,000 is a transfer 

from the USCIS Immigration Examiners Fee Account. The recommendation is $6,002,000 below the fiscal year 2011 enacted level 

and $38,501,000 below the budget request. 

This account funds the Executive Office for Immigration Review 

[EOIR], including the Board of Immigration Appeals, immigration 

judges, and administrative law judges who decide through administrative hearings whether to admit or exclude aliens seeking to 

enter the country, and whether to deport or adjust the status of 

aliens whose status has been challenged. This account also funds 

the Office of the Pardon Attorney, which receives, investigates, and 

considers petitions for all forms of executive clemency. 

Immigration and Southwest Border Initiative.—Due to tight fiscal constraints, the Committee’s recommendation regrettably does 
42 

not include the requested increase of $11,039,000 for EOIR’s Immigration and Southwest Border Initiative to add 21 Immigration 

Judge Teams, 10 Board of Immigration Appeals [BIA] attorneys, 

and related immigration court and BIA support staff. The Committee urges the Department of Justice to submit a reprogramming 

request in 2012 that would reallocate funds from lower-priority 

programs across the Department to enable EOIR to enhance its Immigration and Southwest Border Initiative if this initiative remains 

an immediate need. 

EOIR receives cases directly from Department of Homeland Security [DHS] enforcement personnel, in which the Government is 

seeking the removal of aliens who are in the United States without 

lawful status or who have committed some act, typically a criminal 

offense, that renders them removable. EOIR’s immigration court 

caseload continues to increase as a result of heightened and border 

enforcement efforts. The caseload increased 30 percent between fiscal year 2004 and 2010, growing from 300,000 to 393,000 new matters for adjudication coming to EOIR for resolution each year. The 

number of new cases is expected to exceed 400,000 this year. As 

a consequence, case backlogs have continued to increase, reaching 

over 268,000 matters pending at the end of the first quarter of 

2011. Court dockets have been stretched unacceptably far into the 

future, with most courts backlogged at least a year. Increased funding would have enhanced EOIR’s ability to provide timely adjudications, thus enabling DHS to process those found to be removable 

immediately upon completion of their sentences, and assisting 

greatly in the efficient use of detention beds. 

Legal Orientation Program [LOP].—The Committee’s recommendation includes $6,200,000, an increase of $200,000 above 

fiscal year 2011, but $3,800,000 below the budget request, to cover 

the costs associated with the recent implementation and expansion 

of the LOP. The Committee encourages EOIR to dedicate additional 

funds to the LOP, as necessary and available, to ensure that there 

is no reduction in the level of support for LOP from year to year. 

The Committee continues its strong support of the LOP, which 

provides guidance to detained aliens about their legal rights and 

responsibilities in the immigration court system. Apprehended individuals benefit from better information about immigration removal 

proceedings, and the U.S. taxpayer benefits from reduced detention 

costs through a more efficient legal process. The Committee expects 

EOIR to seek alien-specific detention costs and duration of detention data from the Immigration and Customs Enforcement in order 

to develop a more accurate estimate of the cost savings to the Federal Government provided by participation in the LOP. 

The Committee’s recommendation includes $2,000,000 for Legal 

Orientation Programs, pursuant to the Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457), for 

custodians of unaccompanied undocumented children to address 

the custodian’s responsibility for the child’s appearance at all immigration proceedings, and to protect the child from mistreatment, 

exploitation, and trafficking. 
43 

DETENTION TRUSTEE

Appropriations, 2011 ............................................................................. $1,515,626,000 

Budget estimate, 2012 ........................................................................... 1,595,360,000 

Committee recommendation ................................................................. 1,563,453,000 

The Committee’s recommendation provides $1,563,453,000 for 

the Office of the Federal Detention Trustee [OFDT]. The recommendation is $47,827,000 above the fiscal year 2011 enacted 

level and $31,907,000 below the budget request. 

The Committee has made great sacrifices to fund OFDT as close 

to the request as possible at the expense of nearly all of the other 

components within the Department of Justice. Federal detention is 

not a ‘‘discretionary program.’’ When the court orders an individual 

detained pending a court appearance, OFDT must provide the 

housing, transportation and medical care for those detainees awaiting Federal court actions. While OFDT has made efforts to streamline and modernize the process to move detainees through the system faster and reduce the amount of time an individual spends in 

detention, OFDT is mandated to accept each detainee. 

Most of the growth in the detention population in recent years 

is related to immigration and drug offenses. In order to reduce the 

detention population, there would need to be a reduction in the 

number of incoming detainees; however, based on current projections, OFDT expects bookings for immigration offenses alone to increase to 96,000 in 2012, a growth of 6.6 percent over current levels. 

The Committee remains concerned about the Department’s ability to anticipate the true funding needs for this account. The Committee directs OFDT to continue reporting to the Committee on a 

quarterly basis the number of individuals in the detention trustee 

system, the projected number of individuals, and the annualized 

costs associated with them. 

OFFICE OF INSPECTOR GENERAL

Appropriations, 2011 ............................................................................. $84,199,000 

Budget estimate, 2012 ........................................................................... 85,057,000 

Committee recommendation ................................................................. 84,199,000 

The Committee’s recommendation provides $84,199,000 for the 

Office of Inspector General [OIG]. The recommendation is equal to 

the fiscal year 2011 enacted level and $858,000 below the budget 

request. 

This account finances the activities of the OIG, including audits, 

inspections, investigations and other reviews of programs and operations of the Department of Justice to promote economy, efficiency 

and effectiveness, and to prevent and detect fraud, waste and 

abuse, as well as violations of ethical standards arising from the 

conduct of Department employees in their numerous and diverse 

activities. 

Inspector General Vacancy.—The Department has been without 

an IG since January 2011. The IG staff continues to work diligently 

on its ongoing and evolving responsibilities, including overseeing 

the Department’s critical counterterrorism, information technology 

systems, cybercrime, detention and incarceration, law enforcement 

and grant-related activities; however, it is crucial that the office 
44 

have top leadership to guide its work. The Committee regards the 

IG as its strong partner, working every day to improve accountability at the Department so that every dollar spent to secure our 

communities is a dollar well spent. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $12,833,000 

Budget estimate, 2012 ........................................................................... 13,213,000 

Committee recommendation ................................................................. 12,577,000 

The Committee’s recommendation provides $12,577,000 for the 

United States Parole Commission. The recommendation is 

$256,000 below the fiscal year 2011 enacted level and $636,000 

below the budget request. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011 ............................................................................. $863,367,000 

Budget estimate, 2012 ........................................................................... 955,391,000 

Committee recommendation ................................................................. 846,099,000 

The Committee’s recommendation provides $846,099,000 for General Legal Activities salaries and expenses. The recommendation is 

$17,268,000 below the fiscal year 2011 enacted level and 

$109,292,000 below the budget request. 

This appropriation funds the establishment of litigation policy, 

conduct of litigation, and various other legal responsibilities, 

through the Office of the Solicitor General, the Tax Division, the 

Criminal Division, the Civil Division, the Environmental and Natural Resources Division, the Civil Rights Division, the Office of 

Legal Counsel, INTERPOL Washington, and the Office of Dispute 

Resolution. 

Human Trafficking and Slavery.—The Committee strongly supports the additional resources proposed by the Department’s litigation divisions, for which inadequate funding has been proposed in 

past years. The Committee’s recommendation provides $5,300,000 

for the Human Trafficking and Slavery Prosecution Unit [HTSPU], 

equal to the budget request, to fight human trafficking and slavery. 

Civil Rights.—The Committee supports the Civil Rights Division’s efforts to continue restoring its base capacity to enforce civil 

rights laws; expanding its capacity to prosecute and provide litigation support for human trafficking, hate crimes and unsolved civil 

rights era crimes; carrying out its responsibilities associated with 

the civil rights of institutionalized persons and the access rights of 

the disabled; and enhancing the enforcement of fair housing and 

fair lending laws. 

Human Rights Crimes.—The Committee remains concerned by 

the large number of suspected human rights violators from foreign 

countries who have found safe haven in the United States, and directs the Criminal Division to continue increasing efforts to investigate and prosecute serious human rights crimes, including geno-
45 

cide, torture, use or recruitment of child soldiers, and war crimes. 

For this purpose, within the available funds the Committee directs 

that $1,800,000 be allocated for attorneys, analysts, and support 

personnel in the Criminal Division to investigate and prosecute individuals who violate Federal laws regarding serious human rights 

abuses. 

INTERPOL Washington.—The Committee notes that, per the 

Justice Department’s request, the component previously known as 

the United States National Central Bureau of INTERPOL will be 

known henceforth as INTERPOL Washington. 

Child Exploitation.—The Committee expects INTERPOL Washington to continue its role of coordinating and facilitating international communications between foreign and U.S. domestic law 

enforcement authorities that investigate violations involving the 

production and distribution of child sex abuse images; child sex 

tourism; sex offender tracking and reporting under the Adam 

Walsh Child Protection and Safety Act (Public Law 109–248); and 

child abduction. INTERPOL Washington is responding to an increasing number of international referrals regarding criminal child 

exploitation investigations. It is also responding to mounting requests to locate, identify and support the apprehension of child 

predators. Through the I–24/7 global police communications network, INTERPOL Washington has a unique and effective way to 

track sex offenders and child predators worldwide. This will continue to allow INTERPOL Washington to assist in enforcement requirements outlined in the Adam Walsh Act and other initiatives 

aimed at combating child sexual exploitation and locating missing 

children. 

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2011 ............................................................................. $7,833,000 

Budget estimate, 2012 ........................................................................... 7,833,000 

Committee recommendation ................................................................. 7,833,000 

The Committee’s recommendation provides a reimbursement of 

$7,833,000 for legal costs. The recommendation is equal to the fiscal year 2011 enacted level and the budget request. 

This account covers Justice Department expenses associated with 

litigating cases under the National Childhood Vaccine Injury Act of 

1986 (Public Law 99–660). 

SALARIES AND EXPENSES, ANTITRUST DIVISION

Appropriations, 2011 ............................................................................. $162,844,000 

Budget estimate, 2012 ........................................................................... 166,221,000 

Committee recommendation ................................................................. 159,587,000 

The Committee’s recommendation provides $159,587,000 for the 

Antitrust Division. The recommendation is $3,257,000 below the 

fiscal year 2011 enacted level and $6,634,000 below the budget request. This appropriation is offset by $108,000,000 in pre-merger 

filing fee collections, resulting in a direct appropriation of 

$51,587,000. 
46 

UNITED STATES ATTORNEYS

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $1,930,135,000 

Budget estimate, 2012 ........................................................................... 1,995,149,000 

Committee recommendation ................................................................. 1,891,532,000 

The Committee’s recommendation provides $1,891,532,000 for 

the U.S. Attorneys’ salaries and expenses. The recommendation is 

$38,603,000 below the fiscal year 2011 enacted level and 

$103,617,000 below the budget request. 

As in past years, the Committee directs the U.S. Attorneys 

[USAs] to focus their efforts on those crimes where the unique resources, expertise, or jurisdiction of the Federal Government can be 

most effective. 

Adam Walsh Act Implementation.—The Committee expects the 

Executive Office of U.S. Attorneys [EOUSA] to continue to focus on 

investigations and prosecutions related to the sexual exploitation of 

children, as authorized by the Adam Walsh Child Protection and 

Safety Act of 2006, Public Law 109–248. Not less than $43,184,000 

shall be available for this purpose in fiscal year 2012. 

Combating Financial Fraud.—Within funds provided, the Committee encourages the USAs to continue prioritizing efforts in the 

areas of mortgage fraud, bankruptcy, affirmative civil enforcement 

and white collar crimes. 

Human Trafficking.—The Committee directs the EOUSA, in consultation with the USAs, to designate a point of contact in each 

U.S. Attorney office who shall serve as the coordinator for all activities within that office concerning human trafficking and slavery 

matters covered by the Trafficking Victims Protection Act. Designating a point of contact will improve communication and coordination within each jurisdiction, including with victim service organizations, in order to better serve the victims of human trafficking 

and slavery. 

Intellectual Property Rights [IPR] Enforcement.—The Committee 

expects IPR enforcement to remain an investigative and prosecutorial priority for Federal prosecutors. The Department is directed 

to provide to the Committee a report on the activities of its Assistant U.S. Attorneys dedicated to investigating intellectual property 

crimes pursuant to and authorized under section 402 of the 

Prioritizing Resources and Organization for Intellectual Property 

[PRO–IP] Act (Public Law 110–403). Specifically, the report should 

demonstrate that the 20 new Federal prosecutors provided in Public Law 111–117 are solely investigating and prosecuting violations 

of Federal intellectual property law. This report shall be submitted 

no later than 120 days after the enactment of this act. 

UNITED STATES TRUSTEE SYSTEM FUND

Appropriations, 2011 ............................................................................. $218,811,000 

Budget estimate, 2012 ........................................................................... 234,115,000 

Committee recommendation ................................................................. 234,115,000 

The Committee’s recommendation provides $234,115,000 for the 

U.S. Trustee System Fund. The recommendation is $15,304,000 

above the fiscal year 2011 enacted level and equal to the budget 

request. The appropriation is offset by $232,615,000 in fee collec-
47 

tions and $1,500,000 derived from interest on investments in U.S. 

securities, resulting in a direct appropriation of $0, which is equal 

to the budget request. 

The United States Trustee Program, authorized by 28 U.S.C. 581 

et seq., is the component of the Justice Department with responsibility for protecting the integrity of the bankruptcy system by overseeing case administration and litigation to enforce the bankruptcy 

laws. In fiscal year 2012, the U.S. Trustee Program will participate 

in an estimated 1.5 million business and consumer bankruptcy case 

filings. 

Debtor Audits.—The Committee’s recommendation fully funds 

the Department of Justice’s request of $5,816,000 for debtor audits. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2011 ............................................................................. $2,113,000 

Budget estimate, 2012 ........................................................................... 2,124,000 

Committee recommendation ................................................................. 2,071,000 

The Committee’s recommendation provides $2,071,000 for the 

Foreign Claims Settlement Commission. The recommendation is 

$42,000 below the fiscal year 2011 enacted level and $53,000 below 

the budget request. 

The Foreign Claims Settlement Commission settles claims of 

American citizens arising from nationalization, expropriation, or 

other takings of their properties and interests by foreign governments. 

FEES AND EXPENSES OF WITNESSES

Appropriations, 2011 ............................................................................. $270,000,000 

Budget estimate, 2012 ........................................................................... 270,000,000 

Committee recommendation ................................................................. 270,000,000 

The Committee’s recommendation provides $270,000,000 for fees 

and expenses of witnesses. The recommendation is equal to the fiscal year 2011 enacted level and the budget request. 

This appropriation, which is considered mandatory for 

scorekeeping purposes, provides for fees and expenses of witnesses 

who appear on behalf of the Government in cases in which the 

United States is a party, including fact and expert witnesses. These 

funds are also used for mental competency examinations, as well 

as witness and informant protection. 

Expert Witnesses.—Within funds provided, the Committee includes the requested $92,000,000 to respond to the increased needs 

for expert witnesses among the litigating divisions and the U.S. Attorneys’ offices. These expenses have traditionally been funded in 

part through existing balances; however, that approach has 

strained the Department’s budget for acquiring the services of expert witnesses in recent years. Given the substantial resources provided in 2012 for the payment of fees and expenses of expert witnesses, the Committee expects that no funds will be expended for 

expert witness services from any DOJ accounts but Fees and Expenses of Witnesses. 
48 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

Appropriations, 2011 ............................................................................. $11,456,000 

Budget estimate, 2012 ........................................................................... 12,967,000 

Committee recommendation ................................................................. 11,227,000 

The Committee’s recommendation provides $11,227,000 for the 

Community Relations Service [CRS]. The recommendation is 

$229,000 below the fiscal year 2011 enacted level and $1,740,000 

below the budget request. 

Within the funds provided, the Committee supports the budget 

request of $1,500,000 to handle an increase in workload and responsibilities stemming from passage of the Matthew Shepard and 

James Byrd, Jr., Hate Crimes Prevention Act (Public Law 111–84). 

The Hate Crimes Protection Act has greatly expanded CRS’s mandate, requiring that it help communities prevent and respond to 

violent hate crimes committed on the basis of gender, gender identity, sexual orientation, religion and disability, in addition to race, 

color and national origin. These resources will maximize CRS’ crisis 

response nationwide and enable it to fulfill both its original mandate and expanded mandate under the Hate Crimes Protection Act. 

The Community Relations Service, established by title X of the 

Civil Rights Act of 1964, provides assistance to communities and 

persons in the prevention and resolution of disagreements arising 

from discriminatory practices. 

ASSETS FORFEITURE FUND

Appropriations, 2011 ............................................................................. $20,948,000 

Budget estimate, 2012 ........................................................................... 20,990,000 

Committee recommendation ................................................................. 20,990,000 

The Committee’s recommendation provides $20,990,000 for the 

Assets Forfeiture Fund [AFF]. The recommendation is $42,000 

above the fiscal year 2011 enacted level and equal to the budget 

request. 

The Assets Forfeiture Fund provides funds for qualifying expenses of Federal law enforcement agencies and their State or local 

partners. Funds for these activities are provided from receipts deposited in the AFF resulting from the seizure and liquidation of assets. Expenses related to the management and disposal of assets 

are also provided from the AFF by a permanent indefinite appropriation. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $1,123,511,000 

Budget estimate, 2012 ........................................................................... 1,243,570,000 

Committee recommendation ................................................................. 1,101,041,000 

The Committee’s recommendation provides $1,101,041,000 for 

the U.S. Marshals Service [USMS] salaries and expenses. The recommendation is $22,470,000 below the fiscal year 2011 enacted 

level and $142,529,000 below the budget request. 

The core mission of the USMS includes the apprehension of fugitives; protection of Federal court facilities, the judiciary and wit-
49 

nesses; execution of warrants and court orders; and the custody 

and transportation of accused and unsentenced prisoners. 

Judicial and Courthouse Security.—At least 60 percent of the 

U.S. Marshals Service’s budget is designated supporting the Federal judiciary process by providing physical security in courthouses, 

protecting members of the judicial unit, safeguarding witnesses, 

and transporting and producing prisoners for court proceedings. 

Reductions under the fiscal year 2011 funding level will force 

USMS to re-prioritize the protective services for the judiciary, 

which could have a significant impact on offsite judicial security, 

and limit the ability of the USMS to respond to and mitigate 

threats in a timely manner. 

The Committee expects USMS to include in its 2012 spend plan 

a strategy for how it will approach mandatory protective services, 

as well how it will respond to critical law enforcement requirements and congressional mandates to address violent crime reduction, enforce the Adam Walsh Act, and combat Southwest border 

violence. To help remedy the expected shortfall, the Committee encourages the USMS to continue exploring and utilizing new technological capabilities, such as electronic surveillance, in order to further ensure the fair and efficient administration of justice. 

Immigration Enforcement.—The Committee strongly supports the 

U.S. Marshals Service’s efforts on illegal immigration enforcement. 

The flow of human trafficking and narcotics into the United States, 

along with smuggling of illegal firearms and criminal profits out of 

the United States, has had a devastating effect on the country, as 

well as Canada and Mexico. 

Sexual Offender Apprehension.—The Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) gives the U.S. 

Marshals Service the authority to treat as fugitives convicted sex 

offenders who fail to register. It also directs the Marshals to assist 

jurisdictions in locating and apprehending these individuals. There 

are roughly 135,000 non-compliant offenders in the United States. 

To date, the USMS has hired 170 new deputy marshals to assist 

States in locating and apprehending sex offenders who violate sex 

offender registration requirements. However, the U.S. Marshals 

Service estimates it needs a dedicated force of at least 500 deputy 

marshals to expand Adam Walsh enforcement activities in districts 

across the country. The Committee urges the Department of Justice to submit a reprogramming request in 2012 that would reallocate funds from lower priority programs across the Department to 

enable the Marshals Service to enhance its Adam Walsh enforcement mission. 

This funding will also continue support for the National Sex Offender Targeting Center, improve the agency’s information technology backbone, and reinforce the agency’s infrastructure so that 

deputy marshals have timely, accurate investigative information to 

track down and arrest those who prey on our Nation’s children. 

Regional Fugitive Task Forces.—The Committee strongly supports the U.S. Marshals Service’s Regional Fugitive Task Forces 

[RFTFs], which are effective partnerships with other Federal, 

State, and local law enforcement agencies to apprehend violent fugitives, including violent sex offenders. The Committee encourages 

the USMS to continue providing resources to enhance the seven ex-
50 

isting task forces and establish new task force capabilities in areas 

of the United States not currently served by RFTFs. 

CONSTRUCTION

Appropriations, 2011 ............................................................................. $16,592,000 

Budget estimate, 2012 ........................................................................... 15,625,000 

Committee recommendation ................................................................. 12,000,000 

The Committee’s recommendation provides $12,000,000 for construction in space controlled, occupied, or utilized by the USMS in 

United States courthouses and Federal buildings, including but not 

limited to the creation, renovation, and expansion of prisoner movement areas, elevators, and other law enforcement and court security support space. As in prior years, the Committee’s intent is to 

provide for construction activity to support the mission of the 

USMS in protection of the Federal judiciary and other law enforcement activities. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $87,762,000 

Budget estimate, 2012 ........................................................................... 87,882,000 

Committee recommendation ................................................................. 86,007,000 

The Committee’s recommendation provides $86,007,000 for the 

National Security Division [NSD]. The recommendation is 

$1,755,000 below the fiscal year 2011 enacted level and $1,875,000 

below the budget request. 

The NSD coordinates the Department’s national security and 

counterterrorism missions through law enforcement investigations 

and prosecutions, and handles counterespionage cases. The NSD 

works in coordination with the FBI, the Intelligence Community, 

and the U.S. Attorneys. Its primary function is to prevent acts of 

terrorism and espionage from being perpetrated in the United 

States by foreign powers. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

Appropriations, 2011 ............................................................................. $527,512,000 

Budget estimate, 2012 ........................................................................... 540,966,000 

Committee recommendation ................................................................. 516,962,000 

The Committee’s recommendation provides $516,962,000 for 

Interagency Crime and Drug Enforcement. The recommendation is 

$10,550,000 below the fiscal year 2011 enacted level and 

$24,004,000 below the budget request. 

The Interagency Crime and Drug Enforcement Account funds the 

Organized Crime and Drug Enforcement Task Forces [OCDETF], 

which is the centerpiece of the Department’s drug enforcement and 

counternarcotics efforts. The mission of OCDETF is to ensure a coordinated, multi-agency, intelligence-based and prosecutor-led approach to identifying, disrupting and dismantling those drug trafficking and money laundering organizations primarily responsible 

for the Nation’s illicit drug supply and drug-related violence. 
51 

Southwest Border Enforcement Initiative.—The Committee is concerned about the continuing violence and crime on the Southwest 

border, and supports the Department’s coordinated approach to addressing illegal narcotics and related criminal activities and violence there. A shrinking Federal budget means no significant expansion of or investment in the OCDETF program on the Southwest border. This will stagnate, but not eliminate, efforts to advance a single, coherent, strategic plan that will provide for escalating enforcement and prosecutorial activities along the Southwest 

border and in interior regions of the United States affected significantly by Southwest border drug trafficking. 

Regrettably, OCDETF will be forced to scale back the number of 

high-priority drug investigations and initiatives it supports, such 

as Mexican and Columbian fugitive apprehension teams; co-located, 

collaborative strike forces of ATF, FBI, Marshals, and DEA agents; 

intelligence capacity; Southwest border investigative and prosecutorial activities; and OCDETF title III wiretap requests. 

Strike Force Personnel.—The Committee encourages OCDETF to 

prioritize, within funds appropriated, the continuation of support 

for Assistant U.S. Attorney positions and co-located Strike Forces 

launched originally with supplemental funding in fiscal year 2010. 

OCDETF shall submit a report showing the distribution of personnel in fiscal years 2010 and 2011, and planned for fiscal year 

2012, to each of the co-located Strike Forces. This report shall be 

submitted to the Committee no later than 60 days after the enactment of this act. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $7,819,155,000 

Budget estimate, 2012 ........................................................................... 7,994,991,000 

Committee recommendation ................................................................. 7,785,000,000 

The Committee’s recommendation provides $7,785,000,000 for 

the Federal Bureau of Investigation [FBI] salaries and expenses. 

The recommendation is $34,155,000 below the fiscal year 2011 enacted level and $209,991,000 below the budget request. 

Five-year Budget.—Implementation of a multi-year budget planning approach has been urged by the Committee in the past, as 

well as by various external review groups, such as the National 

Academy for Public Administration. This approach will also allow 

the FBI to better participate in the Intelligence Community budget 

process, especially as the Federal budget is reduced. The Committee encourages the FBI to continue pursuing the 5-year budget 

within the administration. 

Surveillance.—The FBI’s surveillance program provides critical 

surveillance and mobility capabilities for national security and 

criminal investigations. The Committee is concerned that substantial gaps continue to exist within the surveillance program that 

could undermine FBI’s efforts to protect our Nation from terrorists 

and criminals. Therefore, the Committee provides the full budget 

request of an additional $12,466,000, for a total $54,178,000, to 

hire additional personnel to help address these gaps. The Com-
52 

mittee directs that no less than 75 percent of these additional 

funds shall be spent on Special Surveillance Groups. 

Computer Intrusions.—The Committee is concerned that the 

threat of cyber-related foreign intelligence operations to the United 

States is rapidly expanding. These cyber intrusions present a national security threat and have compromised thousands of computers on U.S. Government and private sector networks. The FBI 

is in a unique position to counter cyber threats as it is the only 

agency with the statutory authority, expertise, and ability to combine counterterrorism, counterintelligence, and criminal resources 

to neutralize, mitigate, and disrupt illegal computer-supported operations domestically. 

The Committee recognizes the FBI’s efforts and recommends the full request of $166,486,000 for this effort, $18,628,000 above the 

fiscal year 2011 enacted level, which includes an additional 42 positions, including 14 special agents to further the FBI’s investigatory, 

intelligence gathering, and technological capabilities. Within the increase provided, the Committee recommends the request for the 

Comprehensive National Cybersecurity Initiative [CNCI] to increase coverage of cyber-terrorist threats. This will allow the FBI 

to hire five additional special agents and professional support staff 

to transform the National Cyber Investigative Joint Task Force 

[NCIJTF] from an 8 by 5 operation into a 24 by 7 operation. As 

one of the six cybersecurity centers identified under the CNCI, the 

NCIJTF plays an important role in coordinated national 

cybersecurity operations. Because threat actors operate globally, a 

significant volume of cyber threat activity occurs outside of normal 

business hours. The ever increasing need for real-time analysis to 

support operations and provide program management for multiagency efforts requires the NCIJTF to boost its after-hours presence. 

Cyber Training for Field Agents.—The Committee expects the FBI to use, from within funds provided, $5,000,000 for training for 

FBI cyber agents involved in national security intrusions cases. 

This will allow the FBI to increase the number of cyber agents 

qualified to understand current techniques and tactics used by 

those engaged in illicit cyber activities, and keep abreast of emerging technologies that are used to overcome computer systems’ defenses and to infiltrate networks, such as those of the U.S. Government, utility companies, defense contractors and financial institutions. 

The need for such training stems from the April 2011 DOJ OIG’s 

report entitled ‘‘The Federal Bureau of Investigation’s Ability to 

Address the National Security Cyber Intrusion Threat.’’ This report 

raised concerns that 36 percent of FBI field agents assigned to national security-related cyber investigations lacked the expertise, including in networking and counterintelligence, needed to investigate these types of cases and identify those responsible for intrusions. 

Cyber Threats from Eastern Europe.—The Committee encourages 

the FBI to expand its integration of FBI cyber agents into eastern 

European police services. The FBI should focus its resources on the 

emerging locus of cyber crime and help augment the authorities of 

those nations that need the most support to combat cyber crime. 
53 

Render Safe.—The FBI is responsible for the Nation’s Render 

Safe mission, which involves dismantling a weapon of mass destruction [WMD] device on U.S. soil. The FBI’s fiscal year 2012 

budget request includes $35,756,000 to purchase two specially-configured aircraft to carry out the Render Safe mission; however, this 

Committee provided the FBI with the authority to use existing 

funds to procure these aircraft in the approval of the 2011 operating plan. The Committee continues to support the purchase of 

these planes, and therefore directs the FBI, within 60 days of enactment of this act, to provide a report detailing the plan for 

Render Safe procurement, including any plans to extend current 

leases of aircraft. 

Sentinel.—The Committee has followed closely the development 

of Sentinel, the FBI’s information and investigation case management system, and remains understandably concerned about Sentinel’s development. Contract work was stopped last year when the 

determination was made that the desired functionalities could not 

be delivered within the existing budget, which resulted in the FBI 

bringing management of the program in-house and adopting a new 

program management approach. 

The FBI asserts that the problems with the Sentinel project are 

contained, the project will finish late but within budget, and the 

product delivered through the end of Phase 2 largely reflects what 

was expected under the program plan. Outside sources seem to 

agree unanimously that each of these contentions is overly optimistic. Relatively little was achieved, in terms of delivered benefits 

to end users, through Phases 1 and 2, even though more than 90 

percent of the project budget was consumed. The Committee remains skeptical that all of Phases 3 and 4 can still be achieved 

with so little remaining funding unless major corners are cut in either execution or function. 

Despite these concerns, the FBI has persisted in committing itself to completing the project within its $451,000,000 budget, and 

the Committee holds the Bureau to that commitment. Consequently, the FBI is prohibited from spending anything in excess 

of the $451,000,000 total without first providing notification to the 

Committee, even if a funding source is available that would not 

otherwise trigger Section 505 notification requirements. 

To manage the completion of Sentinel, the FBI shall develop a 

Work Breakdown Structure [WBS] that complies with guidance 

provided in GAO–09–3SP: Best Practices for Developing and Managing Capital Program Costs. The product-based WBS shall contain 

the capabilities that complete Sentinel as identified by the DOJ 

OIG in its 11–01 report (October, 2010). The structure of the Sentinel Completion WBS shall include components for (1) Phase 3 Capabilities, (2) Phase 4 Capabilities and (3) Deferred Capabilities. 

The FBI shall elaborate on each of the three WBS components to 

itemize the planned or deferred functionality that will complete 

Sentinel. 

The FBI shall also configure its Earned Value Management System to report progress on the itemized functionality associated with 

each component. 

In addition, the bill contains language under section 220 requiring the Attorney General to report to the Committee a cost and 
54 

schedule estimate for the final operating capability of the Sentinel 

program, and a detailed list of the functionalities included in the 

final operating capability. This report will be submitted concurrently to the Department’s OIG for review and comment. 

Workforce Distribution.—The Committee notes that the FBI’s 

staffing levels have increased since 2001 and will increase again in 

fiscal year 2012. While the FBI has undergone a major reorganization of its mission priorities, the Committee remains concerned 

that the Bureau has not adequately considered the proper distribution of its staffing to field offices around the country. As a result, 

staffing levels continue to vary dramatically from State to State, 

with regard to both the population of a State and the threats that 

exist within that State. As the FBI considers the distribution of 

new agents across the United States, the Committee encourages 

the FBI to also consider the allocation of agents to field offices that 

could alleviate disparities in the number of personnel between field 

offices. 

National Security Threats.—The Committee recommends the full 

request to support the FBI’s critical national security efforts to conduct investigations to prevent, disrupt and deter acts of terrorism, 

and to continue to strengthen working relationships with other 

Federal, State and local partners. The Committee recommendation 

includes $274,918,000 in base funding and $40,854,000 in enhancements for national security initiatives to increase efforts within 

FBI field offices to develop and strengthen surveillance resources, 

intelligence analysis, Legal Attache ́ resources, and working partnerships with Federal, State and local agencies. 

Criminal Justice Information Services Division.—The Committee’s recommendation provides $644,742,000 including fee collections for the Criminal Justice Information Services Division [CJIS], 

including $293,899,000 in appropriated funds and $350,843,000 in 

user fees. 

Human Rights Violations.—The Committee is concerned by the 

large number of suspected human rights violators from foreign 

countries who have found safe haven in the United States, and directs the FBI to increase efforts to investigate and support DOJ’s 

criminal prosecution of serious human rights crimes committed by 

these foreign nationals, including genocide, torture, use or recruitment of child soldiers and war crimes. The Committee directs that, 

from within available funds, $1,500,000 be allocated for agents and 

associated support personnel at FBI headquarters. 

Civil Rights Enforcement.—Civil rights investigations are a top 

criminal investigative priority for the FBI. The Committee recognizes the FBI as the lead agency responsible for the investigation 

of violations of Federal civil rights laws, and encourages the FBI 

to continue its support for the civil rights program. The Committee 

expects these funds to be used for investigation of human trafficking, hate crimes, and cases pursued under the Emmett Till Unsolved Civil Right Act. 

Critical Infrastructure.—The Committee supports the FBI’s continuing efforts to address shortfalls in its information technology 

[IT] infrastructure, enhance laboratory capabilities, and bolster the 

FBI’s intelligence program. For several years, the Committee has 

been concerned that insufficient operations, practices and sub-
55 

standard maintenance could result in systems failures and lead to 

the unavailability of time-sensitive data to agents in the field. The 

Committee urges the Department of Justice to include in future 

budget requests the appropriate resources to maintain and operate 

its critical facilities and physical infrastructure at the highest 

standard, consistent with industry best practices, to ensure that 

these systems can perform critical functions for the FBI. 

Intellectual Property Rights [IPR] Enforcement.—The Committee 

expects IPR enforcement to remain an investigative priority at the 

Bureau. In order to maximize the effectiveness of IPR enforcement, 

the FBI should make all necessary efforts to coordinate and cooperate with IPR units at U.S. Attorneys’ offices and the Criminal Division. In addition, the Committee directs the FBI to submit a report 

on the activities of its dedicated agents investigating IPR cases. 

Specifically, the report should demonstrate that the 51 agents devoted to investigating intellectual property crimes provided in Public Laws 111–8 and 111–117 are solely investigating and prosecuting violations of Federal intellectual property law. The report 

shall also provide an accounting of the agents placed in field offices 

with Computer Hacking and Intellectual Property [CHIP] units 

and the types of intellectual property investigations pursued by 

these agents. The report shall be submitted to the Committee no 

later than 120 days after the enactment of this act. 

Innocent Images National Initiative [IINI].—The Committee encourages the FBI to maintain at least minimum base funding of 

$68,856,000 for the Innocent Images National Initiative, which allows the FBI to target and investigate sexual predators on the 

Internet. The Committee has provided this funding to address the 

critical requirements for Federal law enforcement in attacking the 

problem of child sexual exploitation and child victimization. The 

Committee trusts that the budget request is sufficient to cover the 

current Innocent Images caseload; however, should the threat of 

child predators on the Internet continue to grow, the Committee 

expects that future budget requests for the FBI will include adequate resources dedicated to investigate child predators who prey 

on children online. 

Sexual predators use the Internet as their weapon of choice to 

target children because children are increasingly online and are 

therefore more vulnerable. The Innocent Images program allows 

the FBI to target and investigate sexual predators on the Internet. 

The Innocent Images workload has increased dramatically, from 

113 cases opened in 1996 to over 2,500 cases currently open—a 

2,000 percent increase. 

Innocence Lost Initiative.—Every day children are being recruited 

and forced into child prostitution. In the United States alone, an 

estimated 300,000 children are currently at risk of being forced 

into prostitution, with the average age of new child prostitutes 

being 13 years old. To address this horrific crime, in 2003 the FBI, 

in conjunction with the Department of Justice Child Exploitation 

and Obscenity Section and the National Center for Missing and Exploited Children, launched the Innocence Lost National Initiative. 

Their combined efforts are aimed at addressing the growing problem of domestic sex trafficking of children in the United States. 

These efforts have rescued over 1,100 children, and led to the con-
56 

viction of more than 500 child exploiters. The Committee applauds 

these efforts and encourages the FBI to continue dedicating robust 

resources for the Innocence Lost Initiative. 

Mortgage Fraud.—The sub-prime mortgage crisis continues to 

threaten the Nation’s economic security. Suspicious Activity Reports [SARS] filed by various financial institutions increased 917 

percent in the last 7 years alone, and show no signs of decreasing. 

This increase in mortgage fraud activity is greatly straining the 

FBI’s white-collar crime investigative capabilities. The Committee 

encourages the FBI to continue dedicating necessary resources to 

conduct mortgage fraud investigations. 

Investigations Into Severe Forms of Trafficking in Persons.— Within funds provided, the Committee expects the FBI to investigate severe forms of trafficking in persons as authorized by section 113(h) of Public Law 106–386, as amended. As the lead Federal law enforcement agency for trafficking offenses, the FBI’s ability to combat trafficking and slavery would be significantly enhanced through additional resources devoted specifically to the 

growing problem of trafficking and slavery. Funds shall be used for 

investigations into trafficking and slavery and providing victim witness coordinators when needed on an emergency basis. 

Gang Enforcement.—The Department of Justice estimates that 

there are roughly 1 million gang members in 30,000 gangs in all 

50 States and the District of Columbia. With gang membership rising, local law enforcement needs a strong partnership with Federal 

Government. Currently, there are 163 Safe Streets Violent Gang 

Task Forces. These partnerships allow FBI agents and State and 

local law enforcement to work as teams to fight street crime. The 

Committee directs the FBI to continue supporting its Safe Streets 

Task Force program. 

Federal-State Anti-terrorism Activities.—Joint Terrorism Task 

Forces [JTTFs] are teams of Federal and State law enforcement 

working together to identify and respond to terrorist threats at the 

local level. There are now more than 100 JTTFs led by the FBI. 

The JTTFs’ focus is on maximizing interagency cooperation and coordination by employing cohesive units of full- and part-time Federal, State and local officers who are capable of addressing a wide 

range of terrorism matters. Local and State police rely on the FBI 

for information, guidance, leadership, and training, as well as for 

critical intelligence information about threats to our country. The 

Committee urges the FBI to support the JTTF program. 

Combating Border Violence.—The Committee urges the FBI to 

increase its ongoing cooperation with U.S. Customs and Border 

Protection [CBP] and U.S. Immigration and Customs Enforcement 

[ICE] to combat and address any signs of increased drug trafficking 

organization violence which may be occurring in U.S. border and 

other communities. While the FBI’s May 23, 2011, preliminary report on annual crime statistics for 2010 indicates that reports of 

violent crime and property crime appear to be down in California 

and Arizona border towns, reports of violent crime have ticked upwards slightly in Texas. It is important that Federal law enforcement maintain a strong presence on the border in support of State 

and local law enforcement to immediately respond to any changes 

in the levels of violence. The Committee directs the FBI, jointly 
57 

with CBP and ICE, to brief the Appropriations Subcommittees on 

Commerce, Justice, and Science and Homeland Security at least 

semiannually on the situation on the border and its impact on border communities. 

CONSTRUCTION

Appropriations, 2011 ............................................................................. $107,095,000 

Budget estimate, 2012 ........................................................................... 80,982,000 

Committee recommendation ................................................................. 75,000,000 

The Committee’s recommendation provides $75,000,000 for Federal Bureau of Investigation [FBI] construction. The recommendation is $32,095,000 below the fiscal year 2011 funding level and 

$5,982,000 below the budget request. 

Terrorist Explosive Device Analytical Center [TEDAC].—The 

Committee is dismayed that $93,000,000 in funds previously appropriated by the Congress for the construction of TEDAC continues 

to be a target of budget cuts. Not only is this action short-sighted 

given that TEDAC’s groundbreaking is imminent, but it would also 

cancel ongoing efforts to ensure the U.S. Government possesses the 

capacities and capabilities needed to counter the threat from terrorist use of explosives and improvised explosive devices [IEDs], 

both domestically and globally. The loss of these capacities and capabilities would negatively affect the abilities of the military, intelligence, homeland security and law enforcement communities to address this threat, and would leave this Nation vulnerable to the 

threat from terrorist use of explosives. 

The Committee believes efforts to cancel TEDAC funding are unwise and ill-timed, and could leave the American public unprepared 

and unprotected—an unacceptable outcome. The FBI has lost nearly 2 years in building an explosives intelligence capability that our 

Nation needs—a capability that is recognized in presidential decision directives and threat assessments, and by the FBI Director 

and the military, intelligence and homeland security agencies 

working this threat on a daily basis. Therefore, the Committee continues to reject this proposed rescission and directs the FBI to obligate the funds to complete this critical national security tool. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $2,267,433,000 

Budget estimate, 2012 ........................................................................... 2,354,114,000 

Committee recommendation ................................................................. 2,222,084,000 

The Committee’s recommendation provides total resources of 

$2,222,084,000 for the Drug Enforcement Administration [DEA], of 

which $322,000,000 is derived from DEA’s Drug Diversion Control 

Fee Account. The recommendation is $45,349,000 below the fiscal 

year 2011 enacted level and $132,030,000 below the budget request. 

The DEA’s mission is to enforce the controlled substances laws 

and regulations of the United States and bring to the criminal and 

civil justice system of the United States—or any other competent 

jurisdiction—those organizations and principal members of organizations involved in the growing, manufacturing, or distribution of 
58 

controlled substances appearing in or destined for illicit traffic in 

the United States; and to support non-enforcement programs aimed 

at reducing the availability of illicit controlled substances on the 

domestic and international markets. 

Diversion Control Program.—Full funding of $322,000,000 is provided for the Diversion Control Program, which is an increase of 

$70,210,000 for expanded forensic support of diversion cases and is 

fully offset with fee collections. 

Southwest Border Enforcement.—The Committee encourages 

DEA to continue to prioritize enforcement efforts along the Southwest Border, which includes the enhanced Mexican Sensitive Investigation Unit program. These resources will help DEA continue its 

presence along the border, address increased workload related to 

narcotics seizures, and respond to specific field intelligence priorities. 

Sensitive Investigative Units.—The DEA’s Sensitive Investigative 

Unit program provides funding for vetted units with trusted foreign 

counterparts in Mexico, Afghanistan and throughout the world. In 

Central America, Sensitive Investigative Units operate currently 

only in Panama and Guatemala. Given the deteriorating security 

environment in Central America, the Committee believes funding 

should be provided for these units throughout the region. The Committee encourages DEA to expand this program to the remaining 

five countries in Central America. 

Mobile Enforcement Teams.—The recommendation adopts the 

proposal in the President’s budget to terminate the Mobile Enforcement Teams [MET] program. 

CONSTRUCTION

Appropriations, 2011 ............................................................................. ........................... 

Budget Request, 2011 ............................................................................ $10,000,000 

Committee recommendation ................................................................. 10,000,000 

This appropriation provides funds for the construction of DEA facilities and related activities. For fiscal year 2012, the Committee 

recommends $10,000,000, which is equal to the budget request. 

El Paso Intelligence Center [EPIC].—EPIC is a national tactical 

intelligence center that supports law enforcement efforts throughout the United States, Mexico and the rest of the Western Hemisphere, and is DEA’s long-standing and most important intelligence 

sharing organization focusing on the Southwest Border. Much of 

EPIC’s success stems from its strong partnerships forged among 

the more than 20 Federal, State, and local agencies represented at 

the Center, as well as representatives from foreign police organizations in Mexico and Colombia. Through its 24-hour Watch function, 

EPIC collects, analyzes and disseminates tactical intelligence for 

over 19,000 Federal, State and local law enforcement agents, investigators, and analysts at all levels of government, which they can 

use in investigations and operations to target Southwest Border 

smuggling and other violent and criminal activities. 

The high demand in the interagency community for space within 

EPIC clearly demonstrates the value it provides to DEA and its 

law enforcement and intelligence partners. EPIC is literally bursting at the seams and has requests from additional law enforcement 

and intelligence agencies for additional space and capabilities to 
59 

house more personnel throughout fiscal years 2011 and 2012. In 

addition, the numerous investments made in EPIC over the past 

several decades and its strong reputation among Federal, State, 

local, and foreign partners make EPIC a natural choice for continued expansion as law enforcement entities seek to further consolidate and coordinate their interdiction, intelligence, and investigative activities focused on the Southwest Border region. The Committee supports making upgrades to EPIC’s infrastructure to accommodate the expected and necessary growth. Therefore, the recommended level provides $10,000,000 for costs related to the renovation of the existing EPIC facility and architectural/engineering 

services for the planned expansion of the building. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $1,112,542,000 

Budget estimate, 2012 ........................................................................... 1,147,295,000 

Committee recommendation ................................................................. 1,090,292,000 

The Committee’s recommendation provides $1,090,292,000 for 

the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF]. 

The recommendation is $22,250,000 below the fiscal year 2011 enacted level and $57,003,000 below the budget request. 

The ATF’s mission is to reduce violent crime, prevent terrorism, 

and protect the public. ATF reduces the criminal use of firearms 

and illegal firearms trafficking, and assists other Federal, State, 

and local law enforcement agencies in reducing crime and violence. 

ATF investigates bombing and arson incidents and provides for 

public safety by reducing the criminal misuse of and trafficking in 

explosives, combating acts of arson and arson-for-profit schemes, 

and removing safety hazards caused by improper and unsafe storage of explosive materials. 

United States-Mexico Firearms Trafficking.—The Committee continues to support ATF’s varied efforts to combat weapon trafficking 

on the border. While the Committee is concerned by allegations 

that ATF may have mismanaged a U.S.-Mexico border operation 

known as Fast and Furious, the Committee believes that the Justice Department’s Office of Inspector General, to which the investigation of this matter has been referred by the Attorney General, 

will fulfill its oversight duties by conducting a thorough investigation. The Committee also notes that Fast and Furious is but a 

small part of ATF’s extensive operations along the Southwest border and should not detract from the Bureau’s efforts to protect 

Americans from illegal firearms trafficking, gun violence, and parallel drug and human trafficking across the U.S.-Mexico border and 

into the Nation’s interior. 

Beginning in fiscal year 2012 and thereafter, the ATF shall provide the Committee with annual data on the number of firearms 

recovered by the Government of Mexico and traced through ATF 

that were manufactured in or imported into the United States prior 

to being recovered in Mexico. Additionally, beginning in fiscal year 

2012 and thereafter, the ATF shall provide the Committee with annual data on the total number of firearms recovered by the Government of Mexico and traced through ATF. 
60 

Violent Crime Impact Teams.—The Committee continues to support the ATF’s Violent Crime Impact Team [VCIT] initiative to pursue violent criminals and reduce the occurrence of homicides and 

firearms-related violent crime through the use of geographic targeting, proactive investigation, and prosecution of those responsible. The VCIT uses a multi-agency approach and works closely 

with State and local law enforcement to identify, target, disrupt, 

arrest, and prosecute violent criminals. 

Conversion of Records.—The Committee recognizes the need for 

ATF to complete the conversion of tens of thousands of existing 

Federal firearms dealer out-of-business records from film to digital 

images at the ATF National Tracing Center [NTC]. Once the outof-business records are fully converted, search time for these 

records will be reduced significantly. The Committee urges the ATF 

to continue the conversion and integration of these records. 

National Integrated Ballistic Information Network.—The Committee continues to support the National Integrated Ballistic Information Network [NIBIN], including significant investment made by 

State and local law enforcement partners to build the current 

NIBIN database. The Committee believes ATF should move expeditiously to ensure that ballistic-imaging technology is routinely refreshed, upgraded, and deployed to State and local law enforcement. The Committee urges ATF to prioritize the upgrading and 

replacement of aging ballistic imaging equipment in its fiscal year 

2012 operating plan and in future budget requests. ATF should ensure upgrades and replacements maximize and protect the resources invested by State and local law enforcement. 

National Center for Explosives Training and Research 

[NCETR].—Preventing the criminal use of explosives is one of the 

core missions of the ATF, and NCETR serves as the Bureau’s Center of Excellence for explosives research, training and intelligence. 

The Committee recognizes the state-of-the-art facilities housed at 

NCETR, having invested considerable resources between fiscal 

years 2004 and 2011 to that effort, and believes that the administration should provide sufficient resources for the Center to fulfill 

its mission, as initially envisioned. Furthermore, the Committee believes that several options to further interagency collaboration and 

training exist and merit exploration. Therefore, the Committee requests that the Department of Justice produce, not later than 120 

days after enactment of this bill, an NCETR Five-Year Plan that 

will describe the following: the mission of the facility with respect 

to research, training, and intelligence; the personnel and budgetary 

authority required to execute that mission; national, State, and 

local initiatives to maximize training throughput at NCETR; and 

opportunities for interagency collaboration on research and intelligence efforts using the NCETR facility. 

FEDERAL PRISON SYSTEM

The Committee recommendation provides a total of 

$6,682,481,000 for the Federal Prison System, or the Bureau of 

Prisons [BOP]. The recommendation is $298,414,000 above the fiscal year 2011 enacted level and $143,879,000 below the budget request. 
61 

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $6,282,410,000 

Budget estimate, 2012 ........................................................................... 6,724,266,000 

Committee recommendation ................................................................. 6,589,781,000 

The Committee’s recommendation provides $6,589,781,000 for 

BOP salaries and expenses. The recommendation is $307,371,000 

above the fiscal year 2011 enacted level and $134,485,000 below 

the budget request. 

The recommendation shall be expended in the following manner: 

SALARIES AND EXPENSES 

[In thousands of dollars] 

Committee 

recommendation 

Inmate Care and Programs ............................................................................................................................... 2,344,828 

Institution Security and Administration ............................................................................................................. 2,988,565 

Contract Confinement ........................................................................................................................................ 1,034,195 

Management and Administration ...................................................................................................................... 222,193 

Total ...................................................................................................................................................... 6,589,781 

The Committee has made great sacrifices to fund BOP salaries 

and expenses as close to the President’s request as possible at the 

expense of nearly all other components within the Department of 

Justice. By law, the BOP must accept and provide for all Federal 

inmates, including but not limited to inmate care, custodial staff, 

contract beds, food, and medical costs. That means BOP cannot 

control the number of inmates sentenced to prison and, unlike 

other Federal agencies, cannot limit assigned workloads and thereby control operating costs. In effect, the BOP’s expenses are mandatory, which leaves the Bureau with extremely limited flexibility. 

Correctional Officer Staffing—The Federal prison population has 

grown explosively over the last 20 years. Rising from roughly 

25,000 prisoners in 1980, the population is estimated to grow to 

more than 222,000 by the end of fiscal year 2012. BOP estimates 

that its inmate population will increase by at least 5,800 net new 

inmates per year for 2011 and 2012. Correspondingly, BOP facilities are operating at 37 percent above noted capacity systemwide. 

What is more distressing is that the high-security inmate population overcrowding rate is at 51 percent. Chronic underfunding 

based on inadequate budget requests and lack of resources have 

forced BOP to rely excessively on correctional officer overtime and 

the diversion of program staff instead of hiring additional correctional officers, leaving the workforce spread dangerously thin and 

compromising BOP’s ability to operate in a safe and efficient manner. 

To continue the steps Congress took in fiscal years 2009, 2010 

and 2011 to address BOP’s understaffing problem, the Committee 

provides an increase of at least $232,700,000 over fiscal year 2011, 

to fill 274 vacant correctional worker positions to safely manage 

the growing inmate population at BOP institutions. This will allow 

BOP to hire enough correctional staff to meet the 90 percent onboard level recognized by BOP as the minimum staffing level for 

maintaining safety and security. 
62 

Solutions to Inmate Overcrowding.—The Committee recognizes 

that BOP is looking for ways to maximize costs savings and sentence reduction opportunities, where they have a neutral or positive impact on public safety. On the heels of the 2012 budget release, the administration transmitted legislative proposals to 

amend the statues governing Federal inmate good conduct time 

credit. The Committee’s recommendation does not include these 

proposals, as they are matters that should be examined, debated 

and decided on by the authorizing committees of jurisdiction, rather than inserted into appropriations bills. 

However, the Committee is gravely concerned that the current 

upward trend in prison inmate population is unsustainable and, if 

unchecked, will eventually engulf the Justice Department’s budgetary resources. The Committee notes that the Bureau possesses 

authorities through its operational discretion under 18 U.S.C section 3624 to, among other authorities, maximize the reentry time 

prisoners spend in residential reentry centers as well as home confinement; use its direct designation authority under 18 U.S.C. section 3621(b); expand the criteria for and use of compassionate release under 18 U.S.C. section 3582(c)(1)(A); and expand the use of 

the Residential Drug Abuse Program by removing barriers to full 

use of the program. 

Inmate Care and Programs.—This activity covers the costs of all 

food, medical supplies, clothing, welfare services, release clothing, 

transportation, staff salaries (including salaries of Health Resources and Services Administration commissioned officers), and 

operational costs of functions directly related to providing inmate 

care. This decision unit also finances the costs of education and vocational training, drug treatment, religious programs, psychological 

services, and other inmate programs. 

Institution Security and Administration.—This activity covers 

costs associated with the maintenance of facilities and institution 

security. This activity finances institution maintenance, motor pool 

operations, powerhouse operations, institution security and other 

administrative functions. Finally, this activity covers costs associated with regional and central office executive direction and management support functions such as research and evaluation, systems support, financial management, budget functions, safety, and 

legal counsel. 

Contract Confinement.—This activity provides for the confinement of sentenced Federal offenders in Government-owned, contractor-operated facilities, contracts with State and local facilities, 

the care of Federal prisoners in contract community residential 

centers, and assistance by the National Institute of Corrections to 

State and local corrections. This activity also covers costs associated with management and oversight of contract confinement functions. 

Activations and Expansions.—The Committee provides funds to 

activate prisons constructed by BOP that currently sit empty or 

partially empty due to prior year budget constraints. The Committee expects BOP to adhere to the activation schedule included 

in BOP’s budget submission regarding those prison facilities. BOP 

shall notify the Committee of any deviations to this schedule. 
63 

Employee Retaliation.—The Committee is concerned by recent reports published by the Equal Employment Opportunity Commission [EEOC] that found widespread and highest fear of retaliation 

among BOP employees in the Federal workforce. Between 2003 and 

2006, BOP employees filed unusually large numbers of complaints 

with EEOC that alleged retaliation and harassment as the most 

common form of discrimination in the workplace. An average 61 

percent of BOP’s equal employment opportunity [EEO] complaints 

contained retaliation allegations, compared to an average 40 percent Governmentwide. In addition, reports revealed that BOP employees who engage in the EEO process or report discrimination 

face even further harassment by their supervisors and colleagues. 

The BOP’s response to these reports has been tepid at best. The 

Committee will not tolerate such a lax approach to protecting BOP 

employees from harassment, as no one should fear retaliation in 

the workplace. The Committee demands that BOP implement fully 

the recommendations included in the EEOC’s November 2010 Final 

Program Evaluation Report for the Federal Bureau of Prisons. The 

Bureau will certify to the Committee that it has implemented and 

met the EEOC’s recommendations, and will submit a report concurrently to the Department’s Office of Inspector General for review 

and comment. 

BUILDINGS AND FACILITIES

Appropriations, 2011 ............................................................................. $98,957,000 

Budget estimate, 2012 ........................................................................... 99,394,000 

Committee recommendation ................................................................. 90,000,000 

The Committee’s recommendation provides $90,000,000 for the 

construction, modernization, maintenance, and repair of prison and 

detention facilities housing Federal prisoners. The recommendation 

is $8,957,000 below the fiscal year 2011 enacted level and 

$9,394,000 below the budget request. 

The Committee recommendation provides for $66,965,000 for 

modernization and repairs. 

The Committee includes bill language stipulating that no BOP 

resources may be used for facilities to house detainees from the 

United States Naval Station, Guanta ́namo Bay, Cuba. 

Construction.—Although BOP plans to activate three new prisons 

in 2015 and four new prisons beginning in 2016, it will be unable 

to maintain that schedule without significant new construction appropriation requests for fiscal years 2012 and 2013. The Committee 

notes, however, that even if BOP stays on track in constructing and 

activating planned new prisons, the inmate population growth is 

expected to continue to exceed the planned growth in capacity in 

the foreseeable future. The Committee directs BOP to resume providing to the Committee, within 30 days of enactment of this act, 

the most recent monthly status of construction report, and to notify 

the Committees of any deviations from the construction and activation schedule identified in that report, including detailed explanations of the causes of delays and actions proposed to address 

them. 
64 

FEDERAL PRISON INDUSTRIES, INCORPORATED

(LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2011 ............................................................................. $2,700,000 

Budget estimate, 2012 ........................................................................... 2,700,000 

Committee recommendation ................................................................. 2,700,000 

The Committee recommendation provides a limitation on the administrative expenses of $2,700,000 for the Federal Prison Industries, Inc. The recommendation is equal to the fiscal year 2011 enacted level and the budget request. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

Collaboration Between Grants Administering Components.—For 

many years, the Office on Violence Against Women [OVW], the Office of Justice Programs [OJP], and the Office of Community Oriented Policing Services [COPS] have collaborated on many projects 

and initiatives to address problems that fall within their respective 

missions. Particularly in addressing the pressing issue of children 

exposed to violence, the Committee strongly encourages OVW, OJP, 

and COPS to continue and improve upon their collaborative efforts, 

where possible, in order to avoid duplication of effort and to make 

the best possible use of their appropriations. 

Through its many programs, especially the high-profile Byrne 

Justice Assistance Grants program, OJP’s Bureau of Justice Assistance [BJA] plays a critical role in supporting State, local, and tribal 

criminal justice systems by dedicating Federal resources to address 

pressing and emerging criminal justice issues. The Committee 

strongly encourages BJA, where possible, to target resources strategically toward reducing, controlling, and preventing crime, drug 

abuse, and gang activity in high-crime neighborhoods by supporting collaborative partnerships between law enforcement agencies and community-based organizations that balance and coordinate targeted law enforcement effectively with prevention, intervention, and neighborhood restoration services. 

In an era of scarce resources, it is particularly important to 

‘‘work smarter’’ through evidence-based projects of proven effectiveness, innovation, targeted training and technical assistance, and 

multi-disciplinary collaboration, so as to maximize the result for 

each dollar spent. For this reason, the Committee believes OJP 

should redouble its emphasis, where possible, on collaborative 

multi-disciplinary efforts, firm evidence-based approaches, and capacity-building on the State, local, and tribal levels. Collaborative 

efforts that spread knowledge and encourage innovation across 

multiple jurisdictions are particularly encouraged. 

Through BJA, OJP performs a vital function in supporting and 

improving State, local, and tribal efforts to reduce criminal recidivism and provide effective alternatives to incarceration. Where possible, BJA should devote resources to continue and further its work 

in this important area, including through innovative projects and 

activities such as Project HOPE. 

Salaries and Expenses.—All activities related to the management 

and administration of discretionary grant programs, grants and cooperative agreements shall be supported only with funding pro-
65 

vided via the separate Salaries and Expenses [S&E] appropriation 

provided in the bill for each grant office. OVW, OJP, and COPS are 

directed to develop formal definitions of management and administration costs or detailed guidance governing decisions about the 

types of costs that may be charged to each office’s S&E account. In 

addition, each grant office shall detail actual and projected S&E 

costs by program, including personnel costs, as part of the budget 

submission for future fiscal years. 

Workload Analysis.—OVW, OJP and COPS are each directed to 

conduct a workload analysis to ensure that their respective staffing 

levels and mix of personnel accurately reflect workload and need. 

Each office shall provide a report to the Committee within 6 

months of the date of enactment of this act describing its updated 

staffing model based on the results of its workload analysis. Within 

6 months of the date on which the offices submit their reports, 

GAO is directed to report to the Committee, evaluating each office’s 

staffing model and making recommendations, as warranted, on 

how each office’s staffing model could be further improved. 

Training, Technical Assistance, Research and Statistics and Peer 

Review.—Training and technical assistance [T&TA] activities, research and statistics activities and peer review performed by OJP, 

OVW and COPS, or through interagency agreements or under contract for OJP, OVW and COPS, may be supported with program 

funds, subject to the submission of details related to planned costs 

in these categories by program as part of the Department’s fiscal 

year 2012 spending plan. As part of the budget submission for fiscal year 2013 and future years, the Department is directed to detail 

the actual costs for each grant office in each of these categories for 

the prior fiscal year, along with estimates of planned expenditures 

by each grant office in each of these categories for the current year 

and the budget year. 

Non-compliant Grantees.—OJP, COPS and OVW appear to be 

using different sanctions and remedies for grantees that are determined to be out of compliance with grant requirements. The Department should work to consolidate rules and procedures across 

the three offices in order to produce the most consistent possible 

compliance enforcement process possible. 

Evidence-based Programs.—The Committee strongly urges OJP, 

COPS and OVW to ensure that, to the greatest extent practicable, 

competitive grants are used for evidence-based programs and activities. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

Appropriations, 2011 ............................................................................. $417,663,000 

Budget estimate, 2012 ........................................................................... 431,750,000 

Committee recommendation ................................................................. 417,663,000 

The Committee’s recommendation provides $417,663,000 for Office on Violence Against Women [OVW] grants. The recommendation is equal to the fiscal year 2011 enacted level and $14,087,000 

below the budget request. As in fiscal year 2011, the Office on Violence Against Women is funded as its own heading under this title. 
66 

Domestic violence, sexual assault, dating violence and stalking 

are crimes of epidemic proportions that impact millions of individuals in every community in the United States. For 17 years, Violence Against Women Act [VAWA] programs have supported community efforts around the Nation to effectively respond to domestic 

violence, sexual assault, stalking, and dating violence. In the 109th 

session, Congress unanimously passed a VAWA reauthorization to 

continue successful programs and create targeted new programs to 

address gaps in prevention services, housing, healthcare, criminal 

justice, and employment issues, and meet the needs of youth, native women, communities of color, and victims of sexual violence. 

These programs are designed to meet specific needs and create collaborations between distinct groups that can leverage their expertise and resources to address different aspects of domestic and sexual violence. 

Domestic violence impacts one in four American women over 

their lifetimes, and 15.5 million children are exposed to domestic 

violence each year. Though the incidence of domestic violence assaults and murders has steadily decreased, there is an increase in 

demand for services due to improved criminal justice response, 

heightened public awareness, and an increase in victims’ willingness to come forward. 

Victims rely on services to escape violence and rebuild their lives. 

When victims of domestic violence, sexual assault, dating violence 

or stalking take the difficult step to reach out for help, many are 

in life-threatening situations and must be able to find immediate 

refuge. Given the dangerous and potentially lethal nature of these 

crimes, the Committee’s funding recommendation reflects its belief 

that it is more important than ever to increase investments in efficient, cost-effective, proven programs that save lives and prevent 

future violence. 

The table below displays the Committee recommendations for the 

programs under this office. 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS 

[In thousands of dollars] 

Program Committee 

recommendation 

STOP Grants ....................................................................................................................................................... 194,000 

Children Exposed to Violence Initiative .................................................................................................... (10,000 ) 

National Institute of Justice—Research and Evaluation .................................................................................. 3,000 

Transitional Housing Assistance ........................................................................................................................ 25,000 

Grants to Encourage Arrest ............................................................................................................................... 45,913 

Homicide Reduction Initiative ................................................................................................................... (5,000 ) 

Rural Domestic Violence Assistance Grants ...................................................................................................... 34,000 

Violence on College Campuses .......................................................................................................................... 9,000 

Civil Legal Assistance ........................................................................................................................................ 45,000 

Sexual Assault Victims Services ........................................................................................................................ 25,000 

Elder Abuse Grant Program ............................................................................................................................... 4,000 

Safe Havens Project ........................................................................................................................................... 11,250 

Education and Training for Disabled Female Victims ...................................................................................... 5,000 

Court Training and Improvements ..................................................................................................................... 4,000 

Family Court Initiative .............................................................................................................................. (1,000 ) 

Consolidated Youth-oriented Program ............................................................................................................... 10,000 

Analysis and Research on Violence Against Indian Women ............................................................................. 1,000 

National Resource Center on Workplace Responses ......................................................................................... 1,000 

American Indian/Native Alaskan Sexual Assault Clearing House ..................................................................... 500 
67 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS—Continued 

[In thousands of dollars] 

Program Committee recommendation 

Total ...................................................................................................................................................... 417,663 

STOP Grants.—Within the funds appropriated, $194,000,000 is 

for formula grants to the States. The fiscal year 2012 recommendation will allow jurisdictions to implement mandatory pro-arrest and 

prosecution policies to prevent, identify, and respond to violent 

crimes against women, support coordination of State victim services, assist Native victims in Indian country, and provide secure 

settings and specialized procedures for visitation and exchange of 

children in families experiencing domestic violence. The recommendation supports increasing access to comprehensive legal 

services for victims, providing short-term housing assistance and 

support services for domestic violence victims and education and 

training to end violence against and abuse of women with disabilities. 

Sexual Assault Services Act [SASA].—The Committee’s recommendation provides $25,000,000, which is $10,030,000 above the 

fiscal year 2011 enacted level and $10,000,000 below the budget request, to fund directly the needs of sexual assault victims. 

One in 6 women and 1 in 33 men have experienced an attempted 

or completed rape. More than one-half of all rapes of women occur 

before they reach the age of 18. In 2007, an estimated 250,000 people were raped or sexually assaulted; however, only 42 percent of 

rape and sexual assault victims say they reported the crime to the 

police. 

As part of the Violence Against Women Act of 2005, Congress 

created the Sexual Assault Services Program [SASP] to address 

considerable gaps in services to sexual assault victims and their 

families. The Committee supports a dedicated stream of funding to 

provide a broad range of services to male, female and child sexual 

assault victims and their families through the well-established and 

well-regarded system of community-based rape crisis centers 

throughout the United States. The Committee maintains its strong 

commitment to ensuring that these rape crisis centers have access 

to technical assistance, training and support. SASP will provide 

such assistance through sexual assault coalitions located in every 

State, territory and within a number of tribes. 

Transitional Housing Assistance Grants.—The Committee approves the approach taken by the administration to make Transitional Housing Assistance an independent program under OVW, 

where it will no longer have to compete directly against STOP 

grants for resources. In addition, due to the unprecedented demand 

by victims of domestic violence, dating violence, sexual assault and 

stalking for housing and support services, the Committee provides 

$25,000,000 for this program, an increase of $7,036,000 over the 

fiscal year 2011 enacted level and equal to the budget request. 

Legal Assistance for Victims [LAV].—The Committee provides the full budget request of $45,000,000 to support victims’ access to civil 

legal remedies, including civil protection orders, child support and 

custody, and housing and public benefits assistance. LAV is the 
68 

only Federal program designed to meet all of these needs; therefore, demand for these services is high and LAV is one of OVW’s 

most competitive programs. Based on these factors, the Committee’s recommendation is $4,082,000 above the fiscal year 2011 enacted level. 

Consolidated Youth-Oriented Program.—The Committee’s recommendation includes $10,000,000 for the administration’s proposal to fund a comprehensive array of prevention and intervention 

services for children and youth victims of domestic violence, dating 

violence, sexual assault and stalking. Additionally, it seeks to engage men and youth to work as allies to end violence against 

women and girls. This program consolidates four OVW programs: 

Engaging Men and Youth in Prevention, Grants to Assist Children 

and Youth Exposed to Violence, Supporting Teens Through Education, and Services to Advocate and Respond to Youth. The Committee believes this consolidation will allow OVW to leverage resources for maximum impact in communities by funding comprehensive projects that include both youth service and prevention 

components. 

Homicide Reduction Initiatives.—The Committee provides 

$5,000,000 under Grants to Encourage Arrest Policies to address 

the urgent problem of homicide of the abused, especially those in 

escalating domestic violence situations. Studies show that abused 

women who receive domestic violence services, such as shelter, 

counseling and protective orders, are less likely to be victims of 

murder or attempted murder. There is a 60 percent reduction in 

risk of severe assault when victims of abuse utilize the services of 

a domestic violence advocacy program. Abused women who never 

receive these services, however, are much more likely to be killed 

by their abusers. Despite these good outcomes, however, only 4 percent of victims of actual or attempted intimate partner violence utilize the services of community-based domestic violence programs. 

SALARIES AND EXPENSES

Appropriations, 2011 1 ........................................................................... $21,006,000 

Budget estimate, 2012 1 ......................................................................... 23,148,000 

Committee recommendation ................................................................. 20,580,000 

1 In the fiscal year 2011 enacted act, funds for the management and administration of programs at OVW, OJP, and COPS were provided within a joint Salaries and Expenses appropriation. The OVW portion of this joint appropriation was $21,006,000, between direct appropriations and approved reprogramming of funds, in fiscal year 2011 and $23,148,000 in the fiscal 

year 2012 request. 

This appropriation supports all activities related to the management and administration of OVW grant programs, grants and cooperative agreements, including peer review. For fiscal year 2012, the 

Committee recommends $20,580,000, which is $2,568,000 below the 

equivalent amount requested under the joint salaries and expenses 

appropriation and $426,000 below the fiscal year 2011 enacted 

level. 

OFFICE OF JUSTICE PROGRAMS

The Office of Justice Programs [OJP] is responsible for providing 

leadership, coordination and assistance to its Federal, State, local 

and tribal partners to enhance the effectiveness and efficiency of 
69 

the United States justice system in preventing, controlling and responding to crime. Because most of the responsibility for crime control and prevention falls to law enforcement officers in States, cities 

and neighborhoods, the Federal Government is effective in these 

areas only to the extent that it can enter into partnerships with 

these jurisdictions. Therefore, OJP is tasked with administering 

grants; collecting statistical data and conducting analyses; identifying emerging criminal justice issues; developing and testing 

promising and innovative approaches to address these issues; evaluating program results; and disseminating these findings and other 

information to State, local and tribal governments. The Committee recommends a total of $1,632,370,000 for OJP, 

which is $286,285,000 below the budget request and $65,510,000 

below the fiscal year 2011 enacted level. For fiscal year 2012, the 

Committee has established a ‘‘Research, Evaluation and Statistics’’ 

appropriation to replace the ‘‘Justice Assistance’’ appropriation and 

created a separate Salaries and Expenses appropriation for OJP. 

Six years ago, DOJ was responsible for administering approximately 72 grant accounts. Today, more than 120 grants are administered by the Department. While the intent of these grant programs are noble, the Committee is concerned that the perpetual 

authorization and proposal for new grants, while not de-authorizing or omitting redundant and archaic ones, has become unmanageable. The Committee directs the Department to work closely 

with Congress to consider seriously the modification of existing programs and omission of outdated programs before new proposals 

and initiatives are unveiled. The Committee urges the Department 

to devise a proposal to consolidate and eliminate ineffective grant 

programs by outreach to Congress and emphasis on what works 

and what is cost effective for the taxpayers’ dollars. 

RESEARCH, EVALUATION, AND STATISTICS

(INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2011 ............................................................................. $234,530,000 

Budget estimate, 2012 ........................................................................... 178,500,000 

Committee recommendation ................................................................. 121,000,000 

The Committee’s recommendation provides $121,000,000 for the 

Research, Evaluation, and Statistics account, formerly known as 

the Justice Assistance account. The recommendation is 

$113,530,000 below the fiscal year 2011 enacted level and 

$57,500,000 below the budget request. 

These programs provide support to State and local law enforcement. Funding in this account provides assistance in the areas of 

research, evaluation, statistics, hate crimes, DNA and forensics, 

and criminal background checks, among others. 

The Committee’s recommendations are displayed in the following 

table: 

RESEARCH, EVALUATION AND STATISTICS 

[In thousands of dollars] 

Program Committee 

recommendation 

Bureau of Justice Statistics ........................................................................................................................... 45,000 
70 

RESEARCH, EVALUATION AND STATISTICS—Continued 

[In thousands of dollars] 

Program Committee 

recommendation 

National Crime Victimization Survey [NCVS] ........................................................................................ (26,000 ) 

Redesign Work for the NCVS ................................................................................................................ (10,000 ) 

Indian Country Statistics ...................................................................................................................... (500 ) 

National Institute of Justice .......................................................................................................................... 40,000 

DNA/Forensics Transfer to NIST/OLES ................................................................................................... (5,000 ) 

Evaluation Clearinghouse .............................................................................................................................. 1,000 

Regional Information Sharing Activities ........................................................................................................ 35,000 

TOTAL ................................................................................................................................................ 121,000 

National Institute of Justice [NIJ].—The Committee’s recommendation provides $40,000,000 for the NIJ. NIJ’s mission is to 

advance scientific research, development and evaluation to advance 

the administration of justice and public safety. The Committee expects NIJ to carry out the new initiatives proposed in fiscal year 

2012 to the extent possible within the funds provided, which includes the following areas: maximizing the value of forensic evidence; establishing the effectiveness of criminal justice diversion 

methods and strategies; eliminating rape kit backlogs (pilots); Indian country crime and victimization research; improving prescription drug monitoring; improving inmate re-entry; improving riskbased decision-making in the criminal justice system; and establishing better understanding of the risk-based factors leading to domestic radicalization and related acts of violence/terrorism, among 

others. The Committee directs that, prior to the obligation of any 

funds, NIJ submit a spend plan on how resources will be allocated. 

DNA and Forensics Research and Evaluation.—The fiscal year 

2012 budget request eliminates resources to assist with critical 

forensics and DNA research and evaluation. The Committee continues to recognize those areas as vital components to maintaining 

and advancing the quality and proficiency within Federal, State, 

and local crime laboratory facilities. Therefore, from within the 

amounts provided for NIJ, OJP shall directly transfer $5,000,000 

to the National Institute of Standards and Technology [NIST] Office of Law Enforcement Standards [OLES] to support the continuation of the development of standards and standard reference materials. 

Evaluation Clearinghouse.—The Committee’s recommendation 

includes $1,000,000 for an Evaluation Clearinghouse/What Works 

Repository, an online source for evidence-based information on 

what works and what is promising in criminal and juvenile justice 

policy and practice, to be administered by the Office of the Assistant Attorney General. 

Regional Information Sharing Activities.—The Committee recommends $35,000,000 to support activities that enable the sharing 

of nationwide criminal intelligence and other resources with State, 

local, and other law enforcement agencies and organizations. Such 

activities should address critical and chronic criminal threats, including gangs, terrorism, narcotics, weapons and officer safety or 

‘‘event deconfliction,’’ and should reflect regional as well as national 

threat priorities. In addition, funds shall be available to support 
71 

local-to-local law enforcement data and information sharing efforts 

focused on solving routine crimes, especially in rural areas, by 

sharing law enforcement information not categorized as criminal 

intelligence. All activities shall be consistent with national information-sharing standards and requirements as determined by the Bureau of Justice Assistance. 

Collaboration Among State Corrections, Alcohol and Drug Abuse, 

and Mental Health Program Directors.—The conferees encourage 

BJA to continue working with the Substance Abuse and Mental 

Health Services Administration [SAMHSA] to foster collaboration 

among the Association of State Corrections Administrators [ASCA], 

the National Association of State Alcohol and Drug Abuse Directors 

[NASADAD], and the National Association of State Mental Health 

Program Directors [NASMHPD]. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011 ............................................................................. $1,117,845,000 

Budget estimate, 2012 ........................................................................... 1,173,500,000 

Committee recommendation ................................................................. 1,063,498,000 

The Committee’s recommendation provides $1,063,498,000 for 

State and local law enforcement assistance. The recommendation is 

$54,347,000 below the fiscal year 2011 enacted level, and 

$110,002,000 below the budget request. 

The Committee’s recommendations are displayed in the following 

table: 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 

[In thousands of dollars] 

Program Committee 

recommendation 

Byrne Memorial Justice Assistance Grants .................................................................................................... 395,000 

SLATT Intelligence State and Local Training ........................................................................................ (3,000 ) 

State and Local Assistance Help Desk and Diagnostic Center ........................................................... (4,000 ) 

Smart Probation .................................................................................................................................... (5,000 ) 

VALOR Initiative .................................................................................................................................... (3,000 ) 

State Criminal Alien Assistance Program ..................................................................................................... 273,000 

Border Prosecution Initiatives ........................................................................................................................ 20,000 

Byrne Competitive Grants .............................................................................................................................. 21,000 

Victims of Trafficking Grants ........................................................................................................................ 10,500 

Drug Courts .................................................................................................................................................... 35,000 

Mental Health Courts ..................................................................................................................................... 9,000 

Residential Substance Abuse Treatment for State Prisoners ....................................................................... 10,000 

Capital Litigation ........................................................................................................................................... 4,000 

Economic, High-tech and Cybercrime Prevention .......................................................................................... 10,000 

John R. Justice Grant Program ...................................................................................................................... 5,000 

Adam Walsh Act Implementation .................................................................................................................. 23,000 

Children Exposed to Violence Initiative ......................................................................................................... 10,000 

Byrne Criminal Justice Innovation Program .................................................................................................. 20,000 

Bulletproof Vests Partnerships ...................................................................................................................... 24,850 

NIST/OLES .............................................................................................................................................. (1,500 ) 

National Sex Offender Website ...................................................................................................................... 1,000 

Violent Gang and Gun Crime Reduction ....................................................................................................... 10,000 

National Instant Criminal Background Check System [NICS] ....................................................................... 10,000 

Criminal Records Upgrade ............................................................................................................................. 8,000 

Paul Coverdell Forensic Science .................................................................................................................... 15,000 

DNA Analysis Backlog Reduction/Crime Labs ............................................................................................... 131,000 

Debbie Smith DNA Backlog grants ....................................................................................................... (123,000 ) 
72 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE—Continued 

[In thousands of dollars] 

Program Committee recommendation 

Kirk Bloodsworth Post-Conviction DNA Testing grants ........................................................................ (4,000 ) 

Sexual Assault Nurse Examiners .......................................................................................................... (4,000 ) 

Court-Appointed Special Advocates [CASA] ................................................................................................... 2,500 

Training for Judicial Personnel ...................................................................................................................... 1,500 

National Forum on Youth Violence Prevention .............................................................................................. 3,000 

General State and Local Assistance .............................................................................................................. 11,148 

Total .................................................................................................................................................. 1,063,498 

Edward Byrne Memorial Justice Assistance Grant Program.—The 

Committee recommends $395,000,000 for Edward Byrne Memorial 

Justice Assistance Grants (Byrne-JAG). Funding is not available 

for luxury items, real estate or construction projects. The Department should strongly encourage State, local and tribal governments 

to target funding to programs and activities that are in conformance with evidence-based strategic plans developed through broad 

stakeholder involvement. The Department is directed to make technical assistance available to State, local and tribal governments for 

the development or updating of such plans. 

State and Local Assistance Help Desk and Diagnostic Center.— 

Within the funds provided for Byrne-JAG, the Committee provides 

$4,000,000 to establish the State and Local Assistance Help Desk 

and Diagnostic Center, which is one of the new initiatives proposed 

by the administration. This Center will establish a resource within 

OJP to provide the ‘‘one-stop’’ diagnostic, problem-solving, and 

‘‘aftercare’’ resources to help local communities identify, respond to, 

and begin to solve persistent public safety problems like gun violence, jail violence, gang homicides, and truancy. 

VALOR Initiative.—The Committee recommends $3,000,000 

within the Byrne-JAG Program for the administration’s proposal 

called Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative [VALOR]. This is a national 

training initiative that will promote a culture of safety within Federal, State, local and law enforcement agencies by training officers 

to respond to and react better in deadly situations, such as ambush 

attacks, while on duty. Bill language makes Federal law enforcement officers eligible for training under this initiative. 

Smart Probation.—The Committee’s recommendation provides 

$5,000,000 within Byrne-JAG for the administration’s proposal 

called Smart Probation to help State, local and tribal criminal justice systems improve the effectiveness of their probation programs 

and reduce criminal recidivism. This initiative will, among other 

things, advance new strategies in probation to increase public safety and make probation supervision more effective; promote the integration of probation supervision strategies and services; and increase collaboration and strategic partnerships between probation 

offices and local law enforcement. 

Capital Litigation.—The Committee’s recommendation provides $4,000,000 for Capital Litigation Improvement Grants, as authorized in the Justice For All Act, Public Law 108–405. The Committee directs that any grant provided for the Capital Litigation 
73 

Improvements shall be provided pursuant to section 426 of the Justice For All Act. 

National Technical Assistance and Training.—The Committee 

encourages the Department to continue its efforts to assist States 

in the development and use of criminal justice information systems 

that accelerate the automation of identification processes for fingerprints and other criminal justice data, and which improve the compatibility of State and local law enforcement systems with the 

FBI’s Integrated Automated Fingerprint Identification System 

[IAFIS]. 

National Motor Vehicle Title Information System.—The Committee recognizes the importance of the National Motor Vehicle 

Title Information System [NMVTIS] as an effective tool to prevent 

the fraudulent use of vehicle title documents, investigate vehicle 

thefts and thwart terrorist financing activities. OJP is encouraged 

to continue its good work and financial support of the NMVTIS operator and the Committee is encouraged to see 39 States are participating in the program. For NMVTIS to be an effective tool in 

assisting law enforcement nationwide, all States must be fully connected and able to share critical title information. The Committee 

encourages OJP to once again designate funding to the States to 

comply with the NMVTIS rule. 

John R. Justice Grants.—The Committee’s recommendation pro- vides $5,000,000 pursuant to section 952 of Public Law 110–315, 

which authorizes student loan repayment assistance for State and 

local prosecutors and public defenders, as well as Federal public 

defenders, to complement existing student loan repayment options 

for Federal prosecutors. 

Human Trafficking.—The United States is a destination country 

for thousands of men, women, and children trafficked largely from 

Mexico and East Asia, as well as countries in South Asia, Central 

America, Africa, and Europe, for the purposes of sexual and labor 

exploitation. In the last year there have been over 1,200 incidents 

of trafficking in the United States. Trafficking victims are subjected to physical, mental, and even sexual abuse. Victims need 

various types of assistance to begin healing and recovery, including 

counseling, housing, medical care, support groups, and legal assistance. 

The Committee’s recommendation provides $10,500,000 for task 

force activities and services for U.S. citizens, permanent residents 

and foreign nationals who are victims of trafficking, including no 

less than $4,690,000 for victim services for foreign national victims 

of trafficking. OJP shall consult with stakeholder groups in determining the overall allocation of Victims of Trafficking funding, and 

shall provide to the Committee a plan for the use of these funds 

as part of the Department’s fiscal year 2012 spending plan. The 

spending plan should be guided by the best information available 

on the regions of the United States with the highest incidence of 

trafficking. 

Byrne Criminal Justice Innovation Program.—The Committee 

provides $20,000,000 to support the administration’s proposal for 

the new Byrne Criminal Justice Innovation Program, which will 

provide demonstration grants in communities to support innovative, evidence-based approaches to fighting crime and improving 
74 

public safety, as well as addressing its underlying problems. The 

program will be coordinated with the Department of Housing and 

Urban Development [HUD] and other agencies, supporting an 

interagency initiative on Neighborhood Revitalization. 

Persistent crime and public safety problems, especially gang activity, cannot be addressed solely by law enforcement. These issues 

require a comprehensive interagency approach that enables law enforcement, educators, social services agencies, and community organizations to address both public safety problems and their underlying causes. This new program will build upon the approach of 

supporting communities that combine law enforcement, community 

policing, prevention, intervention, treatment, and neighborhood 

restoration. The new initiative will focus on promoting interagency 

collaboration and enable a wide range of new and existing partners 

to further stabilize neighborhoods that face the severest violence 

and crime. 

Flexible Tribal Assistance.—The Committee recommends the Department’s proposal to fund tribal grant programs by permitting 7 

percent of discretionary grant and reimbursement program funds 

made available to OJP to be used for tribal criminal justice assistance, and continues to support strongly efforts to help tribes improve the capacity of their criminal justice systems. OJP is expected to consult closely with tribal stakeholders in determining 

how tribal assistance funds will be awarded for detention facilities, 

courts, alcohol and substance abuse programs, civil and criminal 

legal assistance, and other priorities. As part of the Department’s 

spending plan for fiscal year 2012, OJP shall provide a plan for the 

use of these funds that has been informed by such consultation. 

Additional funding for tribes is provided through the Office of Community Oriented Policing Services [COPS] and the Office on Violence Against Women [OVW]. 

Byrne Competitive Grants.—The Committee’s recommendation 

includes $21,000,000 for competitive, peer-reviewed grants to programs of national significance to prevent crime, improve the administration of justice or assist victims of crime. Within 60 days of 

enactment of this act, OJP is directed to provide a report and 

spend plan to the Committee, which detail the criteria and methodology that will be used to award these grants. The Committee expects that OJP will take all steps necessary to ensure fairness and 

objectivity in the award of these and future competitive grants. It 

is expected that national programs that have previously received 

funding under the Byrne discretionary program will be eligible to 

compete for funding under this competitive grant program. 

Border Prosecution Initiatives.—The Committee’s recommendation provides $20,000,000 to assist State and local law enforcement, 

including prosecutors, probation officers, courts and detention facilities along both the Southwestern and Northern borders involved 

in the investigation and prosecution of drug and immigration cases 

referred from Federal arrests. 

Drug Courts.—The Committee’s recommendation provides 

$35,000,000 for the Drug Courts program. Drug courts greatly improve substance abuse treatment outcomes, substantially reduce 

crime, and produce significant societal benefits. The Committee is 

concerned that while there are 1.47 million nonviolent drug ad-
75 

dicted arrestees who are legally and clinically eligible for Drug 

Court, only 55,000 are currently served by the program. The Committee supports the expansion of drug courts in order to bring the 

Drug Court Program to scale and effectively address this population. 

The Committee notes the distinct success of the Drug Courts and 

Mentally Ill Offender grant programs. While the Committee applauds the Department for attempting to consolidate grant programs, the Committee rejects this proposal given that professionals 

in the field have made a clear distinction between the two programs. However, the Committee encourages the Department to 

continue looking for ways to consolidate other, more duplicative 

grant programs. 

Veterans Treatment Court.—The Committee is encouraged by the 

innovative efforts in some communities to create veterans’ treatment courts, which result in improved service and justice to military veterans and their families. The Committee encourages OJP 

to exercise full discretion in considering veterans treatment courts 

for funding under the Drug Court Discretionary Grant Program. 

Second Chance Act.—In order to pay for a nearly half a billion 

dollar increase above the fiscal year enacted level for Federal Prison Systems costs, the Committee regrettably provides no funds for 

the Second Chance Act (Public Law 110–199), a comprehensive response to improve outcomes for people released from prisons and 

jails and returning to our communities. 

Bulletproof Vests.—Within the $24,850,000 provided for bullet- proof vests, $1,500,000 is to be transferred directly to the National 

Institute of Standards and Technology’s [NIST] Office of Law Enforcement Standards [OLES] to continue supporting ballistic- and 

stab-resistant material compliance testing programs. 

Paul Coverdell Forensic Science.—The Committee’s recommendation provides $15,000,000 for Paul Coverdell Forensic Sciences Improvement Grants. Coverdell grants are intended to improve the 

quality and timeliness of forensic science and medical examiner 

services, including services provided by State-operated laboratories 

and those operated by units of local government. Coverdell grants 

provide flexibility to State and local crime labs by allowing them 

to obtain funds to address their most critical needs. 

DNA Backlog/Crime Lab Improvements.—The Committee continues its strong support for DNA backlog and crime lab improvements by recommending $131,000,000 to strengthen and improve 

Federal and State DNA collection and analysis systems that can be 

used to accelerate the prosecution of the guilty while simultaneously protecting the innocent from wrongful prosecution. Within 

the funds provided, $123,000,000 is for Debbie Smith DNA Backlog 

Reduction grants, $4,000,000 is for Kirk Bloodsworth Post-Conviction DNA Testing grants, and $4,000,000 is for Sexual Assault 

Nurse Examiners [SANE] grants. 

The Committee expects that OJP will make funding for DNA 

analysis and capacity enhancement a priority to meet the purposes 

of the Debbie Smith DNA Backlog Grant Program. The Committee 

directs the Department to submit a spending plan with respect to 

funds appropriated for DNA-related and forensic programs, and a 

report on the alignment of appropriated funds with the authorized 
76 

purposes of the Debbie Smith DNA Backlog Grant Program, within 

60 days of enactment of this act. 

Economic, High-tech and Cybercrime Prevention.—The Committee recommends $10,000,000 for competitive grants to support 

and train State and local law enforcement agencies in the prevention, investigation and prosecution of economic, high-tech and 

Internet crimes, including the intellectual property crimes of counterfeiting and piracy, as authorized under the PRO–IP Act of 2008 

(Public Law 110–403). 

National Instant Criminal Background Check System [NICS].— According to OJP, jurisdictions continue to struggle with meeting 

the eligibility requirements mandated by the NICS Improvement 

Amendments Act. At present, only nine States are eligible for 

grants. The recommended funding level reflects the fact that there 

is a significant amount of carry-over funds available for obligation 

under this program. 

Adam Walsh Act Implementation.—The Committee provides $23,000,000 to support the administration’s proposal to help all 50 

States, the District of Columbia, and 248 jurisdictions that are 

working to come into compliance with the Sex Offender Registration and Notification Act [SORNA], as well as provide for sex offender management and treatment. These grants will provide critical support to the comprehensive, nationwide effort to locate, register, monitor, apprehend, prosecute and manage child sexual predators and exploiters that was envisioned by SORNA. 

National Forum on Youth Violence Prevention.—The Committee 

provides $3,000,000 for the administration’s proposal for the new 

National Forum on Youth Violence Prevention. The Forum will 

allow participating cities to share challenges and promising strategies, and develop or enhance effective comprehensive plans to prevent youth and gang violence in their cities, using multidisciplinary 

partnerships, balanced approaches, and data-driven strategies. The 

program aims to reduce violence, improve opportunities for youth 

and improve public safety, and encourage innovation at the local 

and Federal levels. 

Direct Legal Representation of Crime Victims.—In June 2010, the 

Office for Victims of Crime [OVC] notified the Victims of Crime Act 

[VOCA] victim assistance formula administrators that the VOCA 

funds may be used to support direct legal representation in the enforcement of victims’ rights in criminal court proceedings. It remains unclear, however, if VOCA administrators have allotted formula victim assistance funding for enforcement services and, if so, 

to what extent. 

The Committee encourages the use of available VOCA formula 

funds to include services for the enforcement of victims’ rights and 

reminds OVC that victims and their representatives should have 

access to these enforcement services in Federal and State criminal 

cases. The Committee expects OJP and OVC to consult with VOCA 

administrators and stakeholders who provide legal counsel and 

support services in criminal cases for the enforcement of victims’ 

rights in determining how victim assistance formula funds may be 

used to include enforcement services. OVC shall submit a report to 

the Committee within 60 days of notifying States of their VOCA 

victim assistance formula allocation for fiscal year 2012 on: (1) if 
77 

OVC’s guidelines make it clear that enforcement services are an eligible use of VOCA victim assistance funds, including how to access 

the enforcement services; and (2) whether or not reporting requirements for VOCA formula administrators and sub-recipients of 

VOCA funding indicate that individuals were notified of the enforcement services, as well as the number of individuals who received enforcement services, including by type of crime. 

Examination of DNA and Forensic Analysis Grants Uses.—The 

Committee remains concerned about NIJ’s use of DNA and forensic 

analysis funding. The primary intent of this funding is to reduce 

DNA backlogs and enhance the capacity of State and local crime 

labs to handle and process forensic evidence and ensure that future 

backlogs do not occur. Despite full DNA analysis funding in the 

last 3 years, a significant backlog of DNA samples and rape kits 

remains in public crime laboratories. This backlog imperils prosecutions or exonerations associated with sexual assaults, homicides 

and other heinous crimes. 

Too often, to the Committee’s dismay, NIJ appears to fritter 

away forensic and DNA analysis funding by broadly dispersing 

grants to agencies and entities of dubious merit. The Committee 

has uncovered expenditures of forensic DNA funding for: (1) polling 

firms; (2) colleges and universities; (3) cell phone technology components; (4) entities of uncertain mission that employ heads of influential forensics policy advisory groups; and (5) other outlays that 

do not appear to contribute to DNA backlog reduction. NIJ persists, 

however, in tailoring narrow grant solicitations and directing the 

majority of funds toward questionable projects, such as the Forensic Science Technology Center of Excellence [FSTCE], which has received more than $22,000,000 for the last 3 years, and other 

projects that do not contribute directly to accelerating DNA evidence processing for use in felony cases. 

The Committee’s patience has been exhausted. Based on the combination of past waste and the current bleak budget environment, 

the Committee directs the Department to ensure that all DNA Initiative and Coverdell Forensic Science Improvement funding be 

available only to State and local forensic labs for the sole purpose 

of actively reducing the backlog of DNA evidence. The Committee 

directs the Department to submit quarterly progress reports on 

DNA funding distribution beginning 60 days after date of enactment of the accompanying act. Further, if the Department sees the 

need for FSTCE, it should incorporate these functions into its 

budget request. 

In addition, the Committee directs the DOJ Inspector General to 

conduct an examination of all of the past 3 years of DNA funding 

awards to nongovernment entities that are not affiliated with a 

public DNA laboratory. Criteria should include the methodology 

and merits in creating the solicitations of these funds; if the results 

of the awards have a direct and measurable impact on reducing the 

DNA backlog; and how the obligations of the solicitations have 

been fulfilled. 
78 

JUVENILE JUSTICE PROGRAMS

Appropriations, 2011 ............................................................................. $275,423,000 

Budget estimate, 2012 ........................................................................... 280,000,000 

Committee recommendation ................................................................. 251,000,000 

The mission of the Office of Juvenile Justice and Delinquency 

Prevention [OJJDP] is to provide national leadership, coordination 

and resources to prevent and respond to juvenile delinquency and 

victimization. OJJDP supports States, tribes and local communities 

in efforts to develop, implement and improve the juvenile justice 

system in order to protect the public safety, hold offenders accountable, and provide treatment and rehabilitative services tailored to 

the needs of juveniles and their families. 

The Committee’s recommendation provides $251,000,000 for juvenile justice programs. The recommendation is $24,423,000 below 

the fiscal year 2011 enacted level and $29,000,000 below the budget request. 

The Committee’s recommendations are displayed in the following 

table: 

JUVENILE JUSTICE PROGRAMS 

[In thousands of dollars] 

Committee 

recommendation 

Part B—State Formula ...................................................................................................................................... 45,000 

Youth Mentoring Grants ..................................................................................................................................... 55,000 

Title V—Delinquency Prevention Incentive Grants ............................................................................................ 33,000 

Tribal Youth ............................................................................................................................................... (15,000 ) 

Gang and Youth Violence Education and Prevention ............................................................................... (8,000 ) 

Alcohol Prevention ..................................................................................................................................... (10,000 ) 

Victims of Child Abuse Programs ...................................................................................................................... 20,000 

Juvenile Accountability Block Grants ................................................................................................................. 30,000 

Community-Based Violence Prevention Initiatives ............................................................................................ 8,000 

Missing and Exploited Children Programs ........................................................................................................ 60,000 

Total ...................................................................................................................................................... 251,000 

Any deviation from the above plan is subject to the reprogramming requirements of section 505 of this act. 

Part B: State Formula Grants.—The Committee provides 

$45,000,000 for grants to implement comprehensive State juvenile 

justice plans, including community-based prevention and intervention programs and activities for juvenile offenders. This amount is 

$17,126,000 below the fiscal year 2011 level and $35,000,000 below 

the budget request. 

Youth Mentoring Grants.—To support the critical work of national, regional and local organizations in nurturing and mentoring 

at-risk children and youths, the Committee recommends 

$55,000,000 for competitive, peer-reviewed youth mentoring grants. 

Within 60 days of enactment of this act, OJP is directed to provide 

a report and spend plan to the Committee detailing the criteria and 

methodology that will be used to award these grants. The Committee expects that OJJDP will take all steps necessary to ensure 

fairness and objectivity in the award of these and future competitive grants. It is expected that national programs that have received funding under the Byrne discretionary grants program or 
79 

the Juvenile Justice Part E program will be eligible to apply for 

funding under this competitive grant program. 

The Committee continues to recognize the alarmingly high level 

of school dropout, arrest and unemployment rates among youth 

with disabilities; therefore, within available funds, the Committee 

encourages OJJDP to fund expansions of mentoring services for 

youth with disabilities within local, multistate and national mentoring programs. The Committee also encourages OJJDP to include 

providers of intensive youth mentoring activities associated with 

nonprofit, long term, residential substance abuse treatment programs focused on juveniles involved with the criminal justice system among the eligible entities for youth mentoring grants. 

Gang and Youth Violence Education and Prevention Initiative.— The Committee’s recommendation provides $8,000,000 for an antigang and youth violence education and prevention initiative. 

Victims of Child Abuse Act.—The Committee’s recommendation 

provides $20,000,000 for the various programs authorized under 

the Victims of Child Abuse Act [VOCA] (Public Law 101–647). 

Within the funds provided, $5,000,000 shall be for Regional Children’s Advocacy Centers [RCACs] Programs. The RCACs were established to provide information, consultation, training, and technical assistance to communities, and to help establish child-focused 

programs that facilitate and support coordination among agencies 

responding to child abuse. The RCACs and the National Children’s 

Alliance have identified several joint initiatives which include: developing centers in underserved areas; support and development of 

Tribal CACs; constituent involvement; marketing; and public 

awareness. In working on these initiatives, the RCACs have created programs such as the National Training Academy, which 

trains professionals and multi-disciplinary teams investigating 

child abuse, and the telemedicine pilot project, which assists remote areas in investigating child abuse. 

Missing and Exploited Children Programs.—The issue of child 

abduction and exploitation is a constant part of the national conscience due to the numerous child pornography and missing children cases. OJP works with law enforcement agencies to target, 

dismantle and prosecute predatory child molesters and those who 

traffic in child pornography. The Committee continues to strongly 

support Missing and Exploited Children Programs and recommends $60,000,000, including funds for the Internet Crimes 

Against Children [ICAC] task force program, to continue to expand 

efforts to protect the Nation’s children, focusing on the areas of locating missing children, and addressing the growing wave of child 

sexual exploitation facilitated by the Internet. The Committee directs OJP to provide a spending plan for the use of these funds as 

part of the Department’s spending plan for fiscal year 2012. 

SALARIES AND EXPENSES

Appropriations, 2011 1 ........................................................................... $140,124,000 

Budget estimate, 2012 1 ......................................................................... 208,355,000 

Committee recommendation ................................................................. 118,572,000 

1 In the fiscal year 2011 enacted act, funds for the management and administration of programs at OVW, OJP and COPS were provided within a joint Salaries and Expenses appropriation. The OJP portion of this joint appropriation was $140,124,000 for the fiscal year 2011 enacted level, and $208,355,000 in the fiscal year 2012 request. 
80 

A total of $118,572,000 is recommended for salaries and expenses 

for OJP in fiscal year 2012. The recommendation is $21,552,000 

below the fiscal year 2011 enacted level and $89,783,000 below the 

budget request. This account also funds OJP’s Office of Audit, Assessment and Management [OAAM], which is responsible for programmatic oversight, including grant compliance and auditing of 

internal controls to prevent waste, fraud and abuse. 

PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2011 ............................................................................. $70,082,000 

Budget estimate, 2012 ........................................................................... 78,300,000 

Committee recommendation ................................................................. 78,300,000 

The Committee’s recommendation provides $78,300,000 for public 

safety officers benefits. The recommendation is $8,218,000 above 

the fiscal year 2011 enacted level and equal to the budget request. 

This mandatory program provides a one-time death benefit payment to eligible survivors of Federal, State, and local public safety 

officers whose death was the direct and proximate result of a traumatic injury sustained in the line of duty or certain eligible heart 

attacks or strokes. 

Within funds provided, $62,000,000 is for death benefits for survivors, an amount estimated by the Congressional Budget Office 

and considered mandatory for scorekeeping purposes. The Committee also recommends $16,300,000, as requested, for disability 

benefits for injured officers and education benefits for the families 

of officers who have been permanently disabled or killed in the line 

of duty. 

COMMUNITY ORIENTED POLICING SERVICES

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2011 ............................................................................. $494,933,000 

Budget estimate, 2012 ........................................................................... 669,500,000 

Committee recommendation ................................................................. 231,500,000 

The Committee’s recommendation provides $231,500,000 for community oriented policing services. The recommendation is 

$263,433,000 below the fiscal year 2011 enacted level and 

$438,000,000 below the budget request. 

Local law enforcement is not only essential to ensuring the safety 

of the public, but also plays a critical role in preventing and responding to terrorist threats. Since its creation, the Community 

Oriented Policing Services [COPS] office has assisted State and 

local law enforcement agencies by providing grants, training, and 

technical assistance that not only ensure public safety from traditional crime, but also better enable law enforcement officers to address the growing threat from terrorist organizations. 

The Committee’s recommendations are displayed in the following 

table: 
81 

COMMUNITY ORIENTED POLICING SERVICES 

[In thousands of dollars] 

Program Committee recommendation 

NIST/OLES Transfer ............................................................................................................................................ 1,500 

Tribal Resources Grant Program ........................................................................................................................ 20,000 

COPS Hiring Grants ............................................................................................................................................ 200,000 

Transfer to Tribal Resources Grant Program ............................................................................................ (28,000 ) 

Community Policing Development/Training and Technical Assistance .................................................... (10,000 ) 

Methamphetamine Lab Cleanups/Transfer to DEA ............................................................................................ 10,000 

Total ...................................................................................................................................................... 231,500 

Any deviations from the above plan are subject to the reprogramming requirements of section 505. 

COPS Hiring Program.—The Committee recommends 

$200,000,000 for COPS Hiring grants to help State, local or tribal 

law enforcement agencies to create and preserve approximately 

1,500 police officers and to increase their community policing capacity and crime prevention efforts. Like the request, the grants 

will have an award cap of $125,000 and require grantees to provide 

a 25 percent local match. 

Training and Technical Assistance.—The Committee’s recommendation provides $10,000,000 within the COPS Hiring Program to provide Training and Technical Assistance to assist agencies with developing innovative community policing strategies 

through applied research and evaluation initiatives. 

Interoperable Standards.—The Committee is pleased that significant progress has been made in the issuance of standards to specify 

the required functionality for the Project 25 Inter-RF-Subsystem 

Interface [ISSI], Console Interface, and Fixed Station Interface for 

land mobile radio systems. The Committee directs that funds provided to NIST/OLES for standards development under this section 

should be used to complete the remaining aspects of these interfaces, including conformance and interoperability test standards for 

each of the interfaces. In addition, funds should be used to begin 

the development of standards for emerging technologies such as 

VoIP applications for public safety operations. 

Methamphetamine Hot Spots.—The Committee’s recommendation 

includes a $10,000,000 transfer to reimburse the Drug Enforcement 

Administration [DEA] for assistance to State and local law enforcement for proper removal and disposal of hazardous materials at 

clandestine methamphetamine labs and to initiate container programs. The Committee encourages the Department to require jurisdictions that receive reimbursements from this program to train 

and maintain staff with the substantive and practical knowledge to 

identify, clean-up and dispose of methamphetamine and other hazardous substances related to the manufacture, distribution and use 

of methamphetamine. 

Tribal Resources.—The Committee has provided a total $48,000,000 in programs targeted entirely to tribal communities 

through the Tribal Resources Grant Program [TRGP]. Within the 

TRGP, $20,000,000 is provided through direct appropriations and 

$28,000,000 is provided by transfer from the COPS Hiring program. All funds available to the TRGP can be used for equipment 
82 

and hiring or training of tribal law enforcement. This will allow 

tribes maximum flexibility to respond the priorities they deem most 

urgent. 

SALARIES AND EXPENSES

Appropriations, 2011 1 ........................................................................... $32,764,000 

Budget estimate, 2012 1 ......................................................................... 40,330,000 

Committee recommendation ................................................................. 24,500,000 

1 In the fiscal year 2011 enacted act, funds for the management and administration of programs at OVW, OJP and COPS were provided within a joint Salaries and Expenses appropriation. The COPS portion of this joint appropriation was $32,764,000 for the fiscal year 2011 level 

and $40,330,000 in the 2012 request. 

This appropriation supports all activities related to the management and administration of Community Oriented Policing Services 

[COPS] grant programs, grants and cooperative agreements, including peer review. For fiscal year 2012, the Committee recommends $24,500,000, which is $15,830,000 below the equivalent 

amount requested under the joint salaries and expenses appropriation and $8,264,000 below the equivalent amount enacted in fiscal 

year 2011. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee recommends the following general provisions: 

Section 201 limits the amount of funding the Attorney General 

can use for official reception and representation. 

Section 202 prohibits the use of funds in this title to pay for an 

abortion except where the life of the mother would be in danger. 

Section 203 prohibits the use of funds in this title to require a 

person to perform or facilitate an abortion. 

Section 204 requires female prisoners to be escorted when off 

prison grounds. 

Section 205 allows the Department of Justice, subject to the 

Committee’s reprogramming procedures, to transfer up to 5 percent 

between appropriations, but limits to 10 percent the amount that 

can be transferred into any one appropriation. 

Section 206 authorizes the Attorney General to extend a personnel management demonstration project. 

Section 207 provides authority for the Bureau of Alcohol, Tobacco, Firearms and Explosives to use confiscated funds during undercover operations. 

Section 208 limits the placement of maximum or high security 

prisoners to appropriately secure facilities. 

Section 209 restricts Federal prisoner access to certain amenities. 

Section 210 requires review by the Deputy Attorney General and 

the Department’s Investigative Review Board prior to the obligation or expenditure of funds for major technology projects. 

Section 211 requires the Department to follow reprogramming 

procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided 

in previous years. 

Section 212 prohibits the use of funds to plan for, begin, continue, finish, process, or approve a public-private competition under 

OMB Circular A–76 for work performed by employees of the Bureau of Prisons or of the Federal Prison Industries, Incorporated. 
83 

Section 213 prohibits U.S. Attorneys from simultaneously holding 

multiple jobs outside of the scope of a U.S. Attorney’s professional 

duties. 

Section 214 permits up to 3 percent of grant and reimbursement 

program funds made available to the Office of Justice Programs to 

be used for training and technical assistance, permits up to 3 percent of grant and reimbursement program funds made available to 

that office to be transferred to the National Institute of Justice or 

the Bureau of Justice Statistics for criminal justice research and 

statistics, and permits 7 percent of grant and reimbursement program funds made available to the Office of Justice Programs to be 

used for tribal criminal justice assistance. 

Section 215 waives the requirement that the Attorney General 

reserve certain funds from amounts provided for offender incarceration. 

Section 216 permits the use of appropriated funds for travel and 

healthcare of personnel serving abroad. 

Section 217 requires a cost and schedule report on the FBI’s Sentinel program. 
(84) 

TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Appropriations, 2011 ............................................................................. $6,647,000 

Budget estimate, 2012 ........................................................................... 6,650,000 

Committee recommendation ................................................................. 6,000,000 

The Committee’s recommendation provides $6,000,000. The recommendation is $647,000 below the fiscal year 2011 enacted level 

and $650,000 less than the budget request. 

The Office of Science and Technology Policy [OSTP] was created 

by the National Science and Technology Policy, Organization, and 

Priorities Act of 1976 (Public Law 94–282) and coordinates science 

and technology policy for the White House. OSTP provides scientific and technological information, analysis and advice for the 

President and the executive branch; participates in formulation, coordination, and implementation of national and international policies and programs that involve science and technology; maintains 

and promotes the health and vitality of the U.S. science and technology infrastructure; reviews and analyzes, with the Office of 

Management and Budget, the research and development budgets 

for all Federal agencies; and coordinates research and development 

efforts of the Federal Government to maximize the return on the 

public’s investment in science and technology and to ensure Federal resources are used efficiently and appropriately. 

International Cooperation.—As the United States struggles to address its debt, other countries around the world are also implementing their own austerity measures. Some are choosing to keep 

investments in science and technology high in order to position 

their economies for recovery and future growth. Many, including 

the United States, are struggling with how to pay for large scientific infrastructure. The funding of large science projects, both in 

space and on the ground, is under increasing scrutiny to ensure 

sound mission and infrastructure investments are being made with 

limited funds. In this environment, collaboration with international 

partners in science will be useful to ensure continued progress in 

fields such as human space exploration, dark energy and astronomy. The Committee directs OSTP to remain engaged with international partners in order to pursue large projects frugally, in partnership. This will allow the United States to make the highest and 

best use of its limited science funding while ensuring that our scientists have access to world-leading facilities. 
85 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Appropriations, 2011 ............................................................................. $18,448,028,000 

Budget estimate, 2012 ........................................................................... 18,724,300,000 

Committee recommendation ................................................................. 17,938,773,000 

The Committee’s recommendation provides $17,938,773,000 for 

the National Aeronautics and Space Administration [NASA]. The 

recommendation is $509,255,000 below the fiscal year 2011 enacted 

level and $785,527,000 below the budget request. 

NASA was established by the National Aeronautics and Space 

Act of 1958 (Public Law 85–568) to conduct space and aeronautical 

research and development and to conduct flight activities for peaceful purposes. NASA’s unique mission of exploration, discovery and 

innovation is intended to preserve the United States’ role as both 

a leader in world aviation and as the pre-eminent space-faring nation. It is NASA’s mission to: advance human exploration, use and 

development of space; advance and communicate scientific knowledge and understanding of the Earth, the solar system and the universe; and research, develop, verify, and transfer advanced aeronautics and space technologies. 

In May 2011, the Nation marked the 50th anniversary of President Kennedy’s call to go to the Moon. That speech set a course for 

the fledgling space agency. Now, 50 years later, NASA is again 

searching for direction. Congress and the administration worked together to enact the NASA Authorization Act of 2010 (Public Law 

111–267) and set that direction. 

The Committee’s recommendations seek to implement the NASA 

Authorization Act of 2010, focusing on investments that rebalance 

the space program. The Committee supports major investments in 

science that help us understand and save our planet and explore 

our universe, in aeronautics research that makes air travel here on 

Earth safer and keeps America competitive, and in extending the 

International Space Station [ISS] so we can utilize the lab we built. 

From the outset, this Committee has sought a human spaceflight 

program that the President, the Congress and the American people 

can support. The Committee believes that the restructured program called for in this act should be sustainable from one administration to the next. The United States cannot reinvent its space 

program every 4 years. 

In the wake of the retirement of the space shuttle, the Committee believes this bill represents a solid path forward for human 

spaceflight that can reach beyond low Earth orbit with affordable 

crew and launch vehicles, consistent with Public Law 111–267; invests in the burgeoning commercial launch industry that is poised 

to bring cargo, and eventually crew, to the ISS; and revitalizes 

NASA science and technology programs. These elements should be 

viewed as complementary pieces of a balanced whole. 

This bill is presented in the context of an austere budget and attempts to make tough choices in order to afford the balanced space 

program that the Congress authorized. To do that, the Committee 

was informed by the priorities of the Senate as well as the administration. However, the Committee does not always agree with the 

administration. While the Committee has often left some amount 

of discretion to NASA in making choices and offering up a spending 
86 

plan submitted in accordance with section 505 of this act, that plan 

should not be viewed as a license to disregard the Congress’s 

choices about where limited resources should be spent. If NASA requests funding for programs, projects and activities in one account, 

the Committee expects those programs, projects and activities to be 

executed in that account, with small and limited exceptions. Moving major initiatives or beginning a new program in an account 

other than the one in which it was requested thwarts the Committee’s deliberative process, rendering its efforts at prioritization and 

balance meaningless. 

NASA’s acquisition management remains on the Government Accountability Office’s [GAO] ‘‘high risk’’ list. The agency has been on 

the list for more than 20 years, in such company as Medicare, Department of Defense Weapons Systems acquisition, and enforcement of tax laws. In its most recent assessment of major NASA 

projects GAO found 5 of 16 projects in the implementation phase 

had both exceeded their planned budgets by more than 18 percent 

and delayed their launch date by more than 12 months. The largest 

budget increase was a 99.9 percent cost increase with a corresponding schedule slip of 27 months over a baseline established 

in fiscal year 2008. That spacecraft later experienced a launch failure. 

While GAO reports that NASA is making progress in strengthening financial management, including better cost estimates and 

higher standards of accountability for contractors, it is imperative 

that NASA do a better job of managing these large projects. 

In order to improve GAO’s analysis, NASA is directed to cooperate fully and to provide timely program analysis, evaluation data, 

and relevant information to the GAO so that GAO can report to 

Congress in advance of the annual budget submission of the President and semiannually thereafter on the status of large-scale 

NASA programs, projects, and activities based on its review of this 

information. 

In addition, NASA is directed to include in its budget justification the reserve assumed by NASA to be necessary within the 

amount proposed for each directorate, theme, program, project and 

activity, or, if the proposed funding level for a directorate, theme, 

program, project or activity is based on confidence level budgeting, 

the confidence level assumed in the proposed funding level. 

On July 13, 2010, the National Research Council released a report ‘‘Controlling Cost Growth of NASA Earth and Space Science 

Missions.’’ The recommendations of that report could be applied 

throughout NASA, particularly the need for cost realism through 

independent cost assessment and incentivizing not only technical 

but also cost and schedule performance. The Committee appreciates the work of the Office of Independent Program and Cost 

Evaluation [IPCE] to understand how new processes both at NASA 

and at contractors can help NASA execute projects more wisely and 

frugally while still achieving mission goals. IPCE can be particularly useful during the formulation of a project when schedule, 

scope and contracting method are not yet determined. Just as commercial partners are learning from NASA, so too should NASA and 

all of its mission directorates be learning from the agency’s innova-
87 

tive commercial partners, particularly in achieving required performance within tight budgets. 

The Committee directs NASA to report, within 60 days of enactment of this act, on any outstanding GAO or Inspector General recommendations to improve NASA’s financial management, the date 

those recommendations were issued, an expected date for implementing those recommendations, and a thorough explanation of the 

reasons those recommendations have not been implemented. Special attention should be paid to any recommendations that have the 

potential to get NASA’s acquisition management off of the GAO 

high risk list or to improve NASA’s financial statements. Within 90 

days of enactment, NASA shall report to the Committee on any efforts taken to reform its acquisition practices to improve cost estimating, improve technical readiness before preliminary design review, better evaluate and reward contractor cost and schedule performance, and ensure sound business practices govern contracting, 

particularly for large contracts. 

Further, to avoid cost overruns and make its programs more affordable, NASA is directed to minimize its use of cost plus fee contracting and to employ fixed price contracts for all systems, components, and projects using proven or high technical readiness technology. 

According to the inspector general [IG], NASA has awarded more 

than $3,000,000,000 in grants over the past 5 years, including 

nearly $570,000,000 in fiscal year 2010 alone. In a report issued on 

September 12, 2011, the IG found that ‘‘NASA does not have an 

adequate system of controls to ensure proper administration and 

management of its grant program.’’ The Committee appreciates the 

Science mission directorate’s efforts to track grantee performance 

despite limited NASA-wide requirements. 

Despite receipt of a draft of the report on grants management, 

NASA did not provide an official response to the IG’s findings. 

Within 30 days of enactment of this act, the Committee directs 

NASA to report on corrective actions it will take to reform its 

grants management process, including how the agency will address: (1) evaluation of unsolicited proposals, (2) training for grant 

and technical officers; (3) internal controls, including periodic reviews and oversight; (4) thresholds for deviation from approved 

grant budgets; (5) review of procedures for awarding grant supplements; and (6) policies to ensure NASA has adequate documentation to explain its decisions. The Committee directs the IG to issue 

a report to the Committee evaluating NASA’s response within 30 

days of NASA issuing the report described above. 

The Committee has chosen to articulate the funding levels of programs within the account structure for NASA in the form of tables. 

Major mission and program funding is listed within the tables and, 

if necessary, supplemented with explanatory report language. 

SCIENCE

Appropriations, 2011 ............................................................................. $4,935,409,000 

Budget estimate, 2012 ........................................................................... 5,016,800,000 

Committee recommendation ................................................................. 5,100,000,000 

The Science account encompasses five lines of study: Earth 

Science, Planetary Science, Astrophysics, the James Webb Space 
88 

Telescope and Heliophysics. This funding seeks to answer fundamental questions concerning the ways in which Earth’s climate is 

changing; the comparison of Earth with other planets in the solar 

system and around other stars; the connections between the Sun 

and Earth; and the origin and evolution of planetary systems, the 

galaxy, and the universe, including the origin and distribution of 

life in the universe. These objectives are achieved through robotic 

flight missions, ground-based scientific research and data analysis, 

and the development of new technologies for future missions. 

SCIENCE 

[In thousands of dollars] 

Committee 

recommendation 

Earth Science: 

Earth Science Research .......................................................................................................................... 435,000 

Earth Science Research and Analysis ........................................................................................... (325,000 ) 

Computing and Management ........................................................................................................ (110,000 ) 

Earth Systematic Missions ...................................................................................................................... 886,800 

Global Precipitation Measurement (GPM) ...................................................................................... (98,000 ) 

Glory Mission .................................................................................................................................. ............................

Landsat Data Continuity Mission (LDCM) ..................................................................................... (159,000 ) 

NPOESS Preparatory Project (NPP) ................................................................................................. (16,100 ) 

Ice, Cloud, and land Elevation Satellite (ICESat-II) ...................................................................... (113,400 ) 

Soil Moisture Active and Passive (SMAP) ...................................................................................... (137,300 ) 

Other Missions and Data Analysis ................................................................................................ (363,000 ) 

Earth System Science Pathfinder ........................................................................................................... 189,900 

Aquarius ......................................................................................................................................... (5,400 ) 

OCO–2 ............................................................................................................................................ (90,500 ) 

Venture Class Missions .................................................................................................................. (62,000 ) 

Other Missions and Data Analysis ................................................................................................ (32,000 ) 

Earth Science Multi-Mission Operations ................................................................................................. 167,600 

Earth Science Technology ....................................................................................................................... 50,200 

Applied Sciences ..................................................................................................................................... 36,000 

Subtotal, Earth Science ...................................................................................................................... 1,765,500 

Planetary Science: 

Planetary Science Research .................................................................................................................... 189,500 

Planetary Science Research and Analysis ..................................................................................... (139,000 ) 

Other Missions and Data Analysis ................................................................................................ (25,000 ) 

Education and Directorate Management ....................................................................................... (5,300 ) 

Near Earth Object Observations .................................................................................................... (20,200 ) 

Lunar Quest Program .............................................................................................................................. 129,600 

Lunar Science ................................................................................................................................. (54,400 ) 

Lunar Atmosphere and Dust Environment Explorer ....................................................................... (71,800 ) 

International Lunar Network .......................................................................................................... (3,400 ) 

Discovery ................................................................................................................................................. 176,800 

Gravity Recovery and Interior Laboratory [GRAIL] ......................................................................... (40,800 ) 

Other Missions and Data Analysis ................................................................................................ (136,000 ) 

New Frontiers .......................................................................................................................................... 176,400 

Juno ................................................................................................................................................ (31,400 ) 

Other Missions and Data Analysis ................................................................................................ (145,000 ) 

Mars Exploration ..................................................................................................................................... 581,700 

2009 Mars Science Lab ................................................................................................................. (138,000 ) 

MAVEN ............................................................................................................................................ (245,700 ) 

Other Missions and Data Analysis ................................................................................................ (198,000 ) 

Outer Planets .......................................................................................................................................... 117,100 

Technology ............................................................................................................................................... 129,300 

Subtotal, Planetary Science ................................................................................................................ 1,500,400 

Astrophysics: 

Astrophysics Research ............................................................................................................................ 164,100 
89 

SCIENCE—Continued 

[In thousands of dollars] 

Committee 

recommendation 

Astrophysics Research and Analysis ............................................................................................. (66,000 ) 

Balloon Project ............................................................................................................................... (32,100 ) 

Other Missions and Data Analysis ................................................................................................ (66,000 ) 

Cosmic Origins ........................................................................................................................................ 239,300 

Hubble Space Telescope [HST] ...................................................................................................... (98,300 ) 

Stratospheric Observatory for Infrared Astronomy [SOFIA] ............................................................ (84,000 ) 

Other Missions And Data Analysis ................................................................................................ (57,000 ) 

Physics of the Cosmos ............................................................................................................................ 106,000 

Exoplanet Exploration .............................................................................................................................. 46,400 

Astrophysics Explorer .............................................................................................................................. 126,400 

Nuclear Spectroscopic Telescope Array (NuStar) ........................................................................... (11,900 ) 

Gravity and Extreme Magnetism .................................................................................................... (74,100 ) 

Other Missions and Data Analysis ................................................................................................ (40,400 ) 

Subtotal, Astrophysics ........................................................................................................................ 682,200 

James Webb Space Telescope: 

Subtotal, James Webb Space Telescope ............................................................................................ 529,600 

Heliophysics: 

Heliophysics Research ............................................................................................................................. 155,900 

Heliophysics Research and Analysis .............................................................................................. (30,000 ) 

Sounding Rockets ........................................................................................................................... (49,400 ) 

Research Range ............................................................................................................................. (19,500 ) 

Other Missions and Data Analysis ................................................................................................ (57,000 ) 

Living with a Star ................................................................................................................................... 206,900 

Radiation Belt Storm Probes [RBSP] ............................................................................................. (92,200 ) 

Solar Probe Plus ............................................................................................................................. (52,700 ) 

Other Missions and Data Analysis ................................................................................................ (62,000 ) 

Solar Terrestrial Probes ........................................................................................................................... 181,700 

Magnetospheric Multiscale [MMS] ................................................................................................. (164,300 ) 

Other Missions and Data Analysis ................................................................................................ (17,400 ) 

Heliophysics Explorer Program ................................................................................................................ 77,800 

IRIS ................................................................................................................................................. (39,100 ) 

Other Missions and Data Analysis ................................................................................................ (38,700 ) 

Subtotal, Heliophysics ............................................................................................................... 622,300 

Total, Science ............................................................................................................................ 5,100,000 

Earth Science Decadal Survey Missions.—The Committee supports the ongoing development of the Tier I Earth Science missions, 

and provides the full budget requests for the Soil Moisture Active 

and Passive [SMAP]; the Ice, Cloud and Land Elevation Satellite 

(IceSat-2); and the Climate Absolute Radiance and Refractivity Observatory [CLARREO] missions. The Committee also recommends 

the Deformation, Ecosystem Structure and Dynamics of the Ice 

(DESDnyl) mission continue at the fiscal year 2011 level. The National Academies recommended flying a suite of these four missions 

concurrently to gather critical information about the Earth and its 

climate. 

IceBridge.—The Committee provides the full budget request for 

IceBridge to continue making high-resolution measurements of 

polar sea ice and glaciers during the gap between IceSat-1 and 

IceSat-2. The Committee encourages NASA to use unmanned aerial 

vehicles [UAVs] for this mission and to seek competitive proposals 

to improve IceBridge instruments for use on UAVs. 
90 

Carbon Monitoring.—The Committee recommends $10,000,000 

from within available funds to continue the development of a carbon monitoring system initially funded in fiscal year 2010. The 

Committee expects no less than one-half of this amount shall be 

awarded externally. 

Cooperation Between NASA and NOAA.—NASA continues to provide valuable program management expertise to assist NOAA with 

its satellite program. At the same time, NASA continues its role as 

the pathfinder, developing new Earth science instruments and 

pushing the leading edge on experimental missions today that will 

benefit NOAA’s operational missions tomorrow. However, the Committee is discouraged by NASA’s lack of cooperation with NOAA’s 

Ocean and Atmospheric Research office in the area of non-space 

based Earth science. NASA shall better coordinate with NOAA on 

all aspects of relevant NASA-funded projects, including project 

planning, project execution and post-project data sharing. 

SERVIR.—The Committee directs NASA to move forward, as requested in the fiscal year 2012 budget request, to continue the expanded SERVIR network within the Applied Sciences Program and 

to enhance its scientific capabilities across a broader set of NASA 

Earth science products and its service as a testbed for innovative 

applications. 

Planetary Science.—The bill allows for the transfer of up to $10,000,000 to the Department of Energy to re-establish facilities 

capable of producing fuel needed to enable future missions. The 

Committee notes that the most recent decadal survey in planetary 

science urges NASA to reformulate planetary science flagship missions to fit within the projected budget, as recommended. The 

NASA budget, like the Federal budget overall, is shrinking, not 

growing. 

Decadal Surveys and Mid-session Reviews.—The Committee supports NASA’s flagship missions but notes that future large projects 

will need to have a scope that is aligned with a sound and executable budget. On the other hand, once NASA has committed to a 

mission with an executable funding profile, the Committee does not 

believe mid-session reviews and other management tools that serve 

to undermine established missions with broad consensus within 

their scientific discipline do anything more than unnerve the scientific community. The Committee encourages NASA to focus its 

management efforts on rigorous requirements definition, program 

management, and cost discipline so that it can meet the commitments it makes within projected budgets. 

Astrophysics.—Within funds provided to advance scientific 

knowledge of the origins of the universe, the Committee provides 

the full budget requirement of $98,300,000 for the Hubble Space 

Telescope. 

Wide Field Infrared Survey Telescope [WFIRST].—WFIRST was 

identified as the first priority in the recent astronomy and astrophysics decadal survey. NASA is strongly encouraged to make a request for WFIRST in fiscal year 2013 that builds on the work of 

the Joint Dark Energy Mission project. 

James Webb Space Telescope.—The Committee strongly supports 

completion of the James Webb Space Telescope [JWST]. JWST will 

be 100 times more powerful than the Hubble Space Telescope and 
91 

is poised to rewrite the physics books. Last year, the Committee 

asked for an independent assessment of JWST. That assessment, 

led by Dr. John Casani, found that while JWST is technically 

sound, NASA has never requested adequate resources to fund its 

development. As with many other projects, budget optimism led to 

massive ongoing cost overruns because the project did not have 

adequate reserves or contingency to address the kinds of technical 

problems that are expected to arise in a complex, cutting edge 

project. Without funds, the only other way to deal with problems 

is to allow the schedule to slip. That slip, in turn, makes the 

project cost even more, when accounting for the technical costs as 

well as the cost of maintaining a pool of highly skilled technical 

labor through the completion of the project. 

In response to the Casani report, NASA has submitted a new 

baseline for JWST with an overall life cycle cost of $8,700,000,000. 

NASA has assured the Committee that this new baseline includes 

adequate reserves to achieve a 2018 launch without further cost 

overruns. The Committee intends to hold NASA and its contractors 

to that commitment, and the bill caps the overall development cost 

for JWST at $8,000,000,000. 

Explorer Program.—The Committee provides an additional $16,000,000 for the Explorer Program to ensure that current and 

future announcements of opportunity can support two stand-alone 

missions, one in astrophysics and one in heliophysics. 

Heliophysics.—Within funds provided to advance scientific 

knowledge of the Sun’s impact on the Earth, the Committee provides the full budget request of $164,300,000 for the 

Magnetospheric Multiscale [MMS] mission. The Committee encourages NASA to provide necessary budget resources in fiscal year 

2013 for MMS to achieve a launch in early 2015 with the full complement of instruments and both orbit phases. 

The funds provided also include $52,700,000 for the Solar Probe 

Plus mission, the same as the budget request. The Committee 

strongly supports this mission and affirms its commitment to a 

2018 launch. According to NASA’s analysis, the advanced technology development funds provided by this Committee have retired 

substantial technical risk and contributed to a manageable funding 

profile for this project, which was the highest-priority recommendation of the most recent National Academies’ heliophysics decadal 

report. 

Within funds provided for sounding rockets operations, 

$5,000,000 is provided to continue advanced technology development of small satellites and unmanned aerial systems [UAS] at 

low-cost NASA flight facilities that have the potential of lowering 

the costs of space and Earth science missions. 

The Committee notes that suborbital science missions provide 

important hands-on experience for science, technology, engineering 

and mathematics [STEM] undergraduate and graduate students, 

and directs NASA to increase its participation in these missions. 

AERONAUTICS

Appropriations, 2011 ............................................................................. $533,930,000 

Budget estimate, 2012 ........................................................................... 569,400,000 

Committee recommendation ................................................................. 501,000,000 
92 

The Aeronautics account funds research in key areas related to 

the development of advanced aircraft technologies and systems, including those related to aircraft safety, environmental compatibility 

and fuel efficiency; and research that supports the Next Generation 

Air Transportation System in partnership with the Joint Planning 

and Development Office. 

Within the amount provided, the Committee fully funds aviation 

safety and unmanned aircraft systems [UAS] integration in the National Airspace System [NAS]. NASA should examine expediting 

standards for technologies such as positive link control and other 

systems to allow uninterrupted connectivity to UAS that could enable safe integration of UAS into the NAS. The Committee is 

aware of the growing need to develop a sustainable STEM pipeline 

in the field of aeronautics, particularly among minorities and 

underrepresented populations. The Committee encourages NASA to 

fund competitive awards to address this need with particular focus 

on historically black colleges and universities with programs in related scientific fields in order to develop the aeronautics STEM 

workforce. 

SPACE TECHNOLOGY

Appropriations, 2011 1 ........................................................................... ........................... 

Budget estimate, 2012 ........................................................................... $1,024,200,000 

Committee recommendation ................................................................. 637,000,000 

1Space technology activities were funded within the Space Operations, Exploration, and 

Cross-Agency Support accounts in 2011. 

The Space Research and Technology Program builds on NASA’s 

current Innovative Partnership Program to fund basic research 

that can advance multi-purpose technologies to enable new approaches to NASA’s current missions. It includes NASA’s Small 

Business Innovative Research [SBIR] and Small Business Technology Transfer [STTR] programs. 

SPACE TECHNOLOGY 

[In thousands of dollars] 

Committee 

recommendation 

SBIR and STTR ................................................................................................................................................. 184,100 

Partnership Development and Strategic Integration ....................................................................................... 30,000 

Crosscutting Space Technology ....................................................................................................................... 210,400 

Exploration Technology ..................................................................................................................................... 212,500 

TOTAL .................................................................................................................................................. 637,000 

The Committee regrets not being able to fund this promising new 

program more robustly and has prioritized funding for ongoing activities. Within Crosscutting Space Technology, the Committee encourages NASA to prioritize ongoing efforts funded in fiscal year 

2011 under the auspices of Space Technology using Space Operations funds. The Committee recommends Space Technology continue to fund satellite servicing at the fiscal year 2011 level. This 

funding will contribute to the planned competitive demonstration 

mission and shall be managed by the Space Operations mission directorate. 
93 

EXPLORATION

Appropriations, 2011 ............................................................................. $3,800,683,000 

Budget estimate, 2012 ........................................................................... 3,948,700,000 

Committee recommendation ................................................................. 3,775,000,000 

The Exploration account funds the capabilities required to develop, demonstrate, and deploy the transportation, life support and 

surface systems that will enable sustained human presence 

throughout the solar system, including at the space station, in low 

Earth orbit and beyond low Earth orbit. 

The Committee shares the administration’s enthusiasm for new 

acquisition models intended to keep the cost of space access low 

and for investments in new technologies that can radically reduce 

the cost of human transportation, to and in, space. However, NASA 

cannot abdicate its responsibility for safety and oversight of entities receiving Federal dollars as an investment in developing 

launch and crew capabilities. 

The Committee also believes the Nation deserves a robust 

human spaceflight program. This program aims to regularly and 

reliably provide access to the International Space Station [ISS] and 

enable exploration beyond low Earth orbit. Capabilities to reach 

ISS with U.S. vehicles and explore beyond low Earth orbit must 

work hand in hand. The United States needs to move forward in 

building a heavy lift rocket to complement commercial activities for 

a sustainable human spaceflight program that can accomplish both 

of these goals. 

One of the greatest successes of the ISS has been a true partnership between the United States and other space faring nations to 

live and work in space. For our next stage of space exploration, the 

United States will need to engage its partners to have a truly robust and successful program. With the funds provided here, the 

United States will be able to contribute heavy lift launch technology, including the capability to launch humans beyond low 

Earth orbit, to that effort. Within 180 days of the enactment of this 

act NASA shall report to the Committee a set of scientific and exploration goals, including mission destinations, for utilizing the 

new space transportation system funded within this account, including any plans for collaboration with international partners. 

EXPLORATION 

[In thousands of dollars] 

Committee 

recommendation 

Exploration Research and Development .......................................................................................................... 275,000 

Commercial Space Flight ................................................................................................................................. 500,000 

Orion Multipurpose Crew Vehicle ..................................................................................................................... 1,200,000 

Heavy Lift Launch Vehicle System ................................................................................................................... 1,800,000 

TOTAL .................................................................................................................................................. 3,775,000 

Heavy Lift Launch Vehicle.—The Committee provides $1,800,000,000 to build the integrated heavy lift launch vehicle system. The system shall enable human transportation at the highest 

possible safety standards and lowest life cycle costs for beyond low 

Earth orbit and is being designed, managed, and integrated by the 
94 

Marshall Space Flight Center. This funding shall be part of a sustained, evolvable effort around a common core to culminate in an 

initial human capability by 2017, using fixed price contracts for 

components wherever possible. The system shall be evolvable to lift 

the necessary elements for missions beyond low Earth orbit in 

order to extend human exploration capabilities. The program shall 

be managed under a strict cost cap of $11,500,000,000 through fiscal year 2017. Within 60 days of enactment, NASA shall report to 

the Committee on planned milestones, expected performance of the 

low Earth orbit and beyond low Earth orbit configurations, planned 

ground and early flight testing programs and deliverables for the 

heavy lift launch vehicle program, along with any existing contract 

vehicles the Agency intends to use for this purpose. As part of this 

report, NASA shall evaluate the preceding cost cap and validate 

the cap or provide a viable and validated alternative. 

Orion Crew Exploration Vehicle.—The Committee provides $1,200,000,000 for an Orion crew exploration vehicle that will enable human transportation beyond low Earth orbit. The vehicle 

shall be capable of being launched on the heavy lift launch vehicle 

and may also provide alternative access to low Earth orbit, including the ISS by fiscal year 2014, using fixed price contracts for components wherever possible. The program shall be managed under 

a strict cost cap of $5,500,000,000 through fiscal year 2017. Within 

60 days of enactment, NASA shall report to the Committee on 

planned milestones, expected performance and configurations, 

planned testing program, and deliverables for the crew exploration 

vehicle program, along with any suggestions for streamlining oversight. As part of this report, NASA shall evaluate the preceding 

cost cap and validate the cap or provide a viable and validated alternative. 

Ground Operations.—In fiscal year 2013 and beyond, NASA shall 

identify ground operations related to the Orion multipurpose crew 

vehicle and the heavy lift launch vehicle system separately from 

the funding to develop those systems. NASA may request these 

funds within the Exploration account or the Space Operations account, not both. The Committee notes that the purposes authorized 

in section 305 of Public Law 111–267 include both ground operations and multi-purpose infrastructure projects that support both 

crew and cargo launches. 

Commercial Crew.—The Committee has provided $500,000,000 

for commercial crew activities, the same as the authorized level. 

This funding shall be available to continue and competitively expand the number of participants and the activities of the Commercial Crew Development [CCDEV] program in order to reduce risk, 

develop technologies and lead to other advancements that will help 

determine most effective and efficient means of advancing the development of commercial crew services. 

Of the amount included for commercial crew development activities, $307,400,000 shall be available on October 1, 2011. This 

amount is equal to the fiscal year 2011 level for commercial crew 

development. An additional $192,600,000 of commercial crew funding will become available after the NASA Administrator has certified, in writing, that NASA has: (1) published the notifications to 

implement acquisition strategy for the heavy lift launch vehicle 
95 

system, also known as the space launch system [SLS], authorized 

in section 302 of Public Law 111–267 and (2) begun to execute relevant contract actions in support of development of SLS. This certification may not be delegated and will assure the Committee that 

NASA is committed to all elements of the balanced human 

spaceflight program authorized in Public Law 111–267. The Committee understands that NASA will be providing more information 

on the acquisition strategy for SLS in the coming weeks. 

Currently, NASA lacks one consolidated set of requirements for 

crew safety. Within this funding, NASA shall develop and make 

available to the public detailed human rating processes and requirements to guide the design of all crew transportation capabilities. These requirements shall be at least equivalent to requirements for crew transportation currently in use, as well as any relevant recommendations of the Columbia Accident Investigation 

Board, and shall apply to all NASA-funded vehicles that carry humans, both commercial and Government-owned. 

The Committee is pleased by NASA’s commitment to hold commercially developed launch vehicles to be used to carry out NASA 

missions to the same safety standards as Government-developed 

launch vehicles. The Committee encourages NASA to develop plans 

to fully utilize NASA-owned rocket testing infrastructure for commercially developed launch vehicles to ensure that these vehicles 

are tested in the same manner as Government-developed launch 

vehicles. 

NASA Policy Directive 1050.1I states that funded Space Act 

Agreements may be used only when the Agency’s objective cannot 

be accomplished through the use of a procurement contract, grant, 

or cooperative agreement. The Committee believes that the current 

practice by NASA has gone beyond what is cited under NASA’s 

own policy directive. Such misuse of these authorities undermines 

the oversight of NASA in the procurement process and threatens 

crew safety. For future rounds of commercial crew competitions 

and acquisitions, NASA shall limit the use of funded Space Act 

Agreements as stated in the directive in order to preserve critical 

NASA oversight of Federal funds provided for spacecraft and 

launch vehicle development. 

Commercial Orbital Transportation Services [COTS] Cargo.— While funding was neither requested nor provided for COTS cargo, 

the Committee continues its support for ensuring the continued viability and productivity of the ISS through its extended service life 

by funding commercial cargo transportation development. Funds 

provided in prior years will support the existing COTS cargo program, aimed at enabling the commercial space industry in support 

of NASA to develop reliable means of launching cargo and supplies 

to the ISS beginning later this calendar year. 

SPACE OPERATIONS

Appropriations, 2011 ............................................................................. $5,497,483,000 

Budget estimate, 2012 ........................................................................... 4,346,900,000 

Committee recommendation ................................................................. 4,285,000,000 

The Space Operations account funds the Space Shuttle, the ISS, 

and the supporting functions required to conduct operations in 

space. The Space Shuttle retired in 2011 after 30 years of service. 
96 

The ISS is a complex of research laboratories in low Earth orbit in 

which American, Russian, Canadian, European, and Japanese astronauts are conducting unique scientific and technological investigations in a microgravity environment. 

SPACE OPERATIONS 

[In thousands of dollars] 

Committee 

recommendation 

Space Shuttle ..................................................................................................................................................... 650,900 

International Space Station ............................................................................................................................... 2,803,500 

Space and Flight Support .................................................................................................................................. 662,600 

21st Century Launch Complex ........................................................................................................................... 168,000 

TOTAL .................................................................................................................................................... 4,285,000 

Space Shuttle.—The Committee provides $650,900,000 for Space Shuttle. This amount includes the full amount of $547,900,000 that 

NASA has estimated for its pension liability for the primary Space 

Shuttle support contract. NASA is under contractual obligation to 

provide promised retirement benefits for the men and women who 

kept the Shuttles flying through their retirement in 2011. 

Satellite Servicing.—Within the amounts provided, $75,000,000 

shall be to continue efforts to use the next generation of human 

space flight architecture to service existing and future on-orbit observatory-class scientific spacecraft, as well as spacecraft owned by 

the Department of Defense and other Government agencies. The 

activities to be undertaken shall be a joint project of the Space Operations, Space Technology, Science, and Exploration mission directorates and shall include technology demonstrations for both 

robotic and human servicing. These funds will augment existing 

Space Technology funds for these activities. Space Operations shall 

be responsible for the overall direction and management of all 

agency satellite servicing activities. 

International Space Station.—The Committee has provided 

$2,803,500,000 for the ISS Program, which includes ISS Operations 

and ISS Cargo Crew Services. The Committee fully supports the 

administration’s plan to extend ISS research and operations 

through 2020. This Committee has consistently supported the construction and operation of the ISS on the promise that it would 

support world class science that could improve life on Earth. For 

example, experiments on the ISS may yield a vaccine for salmonella, a food borne illness that sickens 40,000 and kills 600 in 

the United States annually. Due to the retirement of the space 

shuttle, commercial cargo transportation of experiments and logistics is essential to ensuring that ISS can function as a national laboratory. 

21st Century Launch Complex.—The Committee provides the full 

budget request of $168,000,000 for the 21st Century Launch Complex. This program is intended to revitalize the aging infrastructure at the Kennedy Space Center and other NASA facilities to 

support the human space flight program. NASA should place a priority on the use of funds for future ground operations and to improve only NASA-owned facilities for launch vehicles intended to 

serve NASA missions, including the heavy lift launch vehicle sys-
97 

tem. Funding for the 21st Century Launch Complex may be used 

at other NASA flight facilities that are currently scheduled to 

launch cargo to the International Space Station under the COTS 

program, to upgrade the launch infrastructure to improve efficiency 

and safety. NASA shall provide the Committee a 5-year plan for 

this funding within 60 days of the date of enactment of this act. 

EDUCATION

Appropriations, 2011 ............................................................................. $145,508,000 

Budget estimate, 2012 ........................................................................... 138,400,000 

Committee recommendation ................................................................. 138,400,000 

The Committee provides $138,400,000 for Education, which is 

$7,108,000 below the fiscal year 2011 level and equal to the President’s request. The Education account funds science, technology, 

engineering, and mathematics [STEM] education activities to educate and inspire our next generation of explorers and innovators. 

EDUCATION 

[In thousands of dollars] 

Committee 

recommendation 

NASA Space Grant ................................................................................................................................................ 44,200 

Experimental Program to Stimulate Competitive Research ................................................................................ 24,500 

Minority University Research and Education Program ........................................................................................ 30,400 

Informal Education Grants ................................................................................................................................... 7,000 

NASA Visitors Centers .......................................................................................................................................... 10,000 

STEM Education and Accountability Projects ...................................................................................................... 22,300 

TOTAL ........................................................................................................................................................... 138,400 

The amount available for the Education account has declined 23 

percent since fiscal year 2010, as Congress has accepted NASA’s 

proposed levels for this account. Once again in fiscal year 2012, 

NASA proposes a fundamental reorientation of its education program based on the Education Design Team’s findings. However, in 

developing its budget, NASA has ignored successful programs like 

Space Grant and the Experimental Program to Stimulate Competitive Research [EPSCoR] that give students across the Nation access to NASA resources. NASA has also ignored local efforts to expand the reach and effectiveness of its visitors centers which serve 

as gateways for students and teachers. In developing future budgets, the Committee directs NASA to utilize these existing and proven tools. 

In addition to funds provided within the Education account, each 

mission directorate utilizes funding for education activities. However, NASA has been unable to provide an adequate, full accounting of those activities Agency-wide. Therefore it is impossible for 

the Committee to know the extent and value of the Agency’s STEM 

education efforts. The Committee therefore directs NASA to include 

in its annual budget justifications the amount within each mission 

directorate that will be expended for education activities and the 

specific purposes for which those funds will be expended. 

Educational Activities at NASA Centers.—The Committee pro- vides $10,000,000 for the development of educational activities at 

NASA’s centers and directs NASA to distribute this amount in 
98 

equal amounts to each center’s official visitor center for the development of STEM educational activities, including exhibits, without 

assessing any administrative charges. 

Informal Education Grants.—A report by the National Academy 

of Sciences, ‘‘Learning Science in Informal Settings,’’ found evidence that nonschool science programs involving exhibits, media 

projects, emerging learning technologies and other informal education programs increase students’ interest in STEM education. 

The Committee recommends $7,000,000 for a competitive grant 

program as authorized by section 616 of Public Law 109–155. 

CROSS-AGENCY SUPPORT

Appropriations, 2011 ............................................................................. $3,105,177,000 

Budget estimate, 2012 ........................................................................... 3,192,000,000 

Committee recommendation ................................................................. 3,043,073,000 

The Cross-Agency Support account funds Agency management, 

including headquarters and each of the nine NASA field centers, as 

well as the design and execution of non-programmatic Construction 

of Facilities and Environmental Compliance and Restoration activities. 

Independent Verification and Validation [IV&V] Program.— 

Within the amounts provided for cross-agency support, the Committee recommends $39,100,000 for NASA’s IV&V Program. 

Employee Performance Communications System [ECPS].—The 

EPCS is a five-level performance appraisal system that was implemented in 2007. This system superseded a three-level EPCS that 

encouraged employee participation in establishing performance 

standards. Information obtained by employees under the Freedom 

of Information Act [FOIA] reveals that this system, as implemented 

at the Wallops Flight Facility, resulted in a disproportionate number of less-than fully successful ratings given to African-Americans. 

Although African-Americans constitute 14 percent of the civil-service workforce at the Wallops Flight Facility, this group constitutes 

67 percent of the needs improvement ratings. 

The FOIA information also revealed that no supervisor or management official received a rating less than fully successful for the 

calendar year 2009 appraisal period. An Agency-directed Occupational Safety and Health Administration Voluntary Protection Program [VPP] report found that, with regard to the safety and health 

performance element (an element assigned to at least 90 percent of 

the Wallops workforce), the metrics for evaluation and rating of 

employees is unclear. Therefore, the Committee requests that the 

Government Accountability Office [GAO] shall assess NASA’s 

EPCS. To the extent practical, GAO should assess whether EPCS, 

as implemented by NASA, utilizes leading human capital practices 

and results in a system that provides both accountability and fairness for all employees. GAO should also include in its assessment 

the extent to which NASA’s EPCS has a process for planning, monitoring, developing, assessing, and rewarding employee performance that is aligned to the agency’s goals and promotes a performance culture that focuses on two-way communication and accountability for results, and clearly differentiates between high- and lowperforming employees. 
99 

Data Center Consolidation.—The Committee is disappointed with 

NASA’s lack of commitment to significant enterprise-wide data center consolidation. While the Committee is pleased with the incremental progress NASA has made with regard to the consolidation 

of data centers at NASA facilities, the Committee also expects a 

sound technical and budgetary approach to long-term cost savings 

through strategic investments. In order to assist in finding the best 

approach for reducing data center facility space, reducing Information Technology [IT] power consumption and otherwise achieving 

savings, NASA is directed to provide to the Committee a report by 

January 6, 2012, that includes a comprehensive analysis for 

NASA’s alternatives with regard to IT consolidation. The report 

shall consider security, operational effectiveness and operations 

and maintenance costs, and compare these considerations over time 

in scenarios ranging from no consolidation action taken to maximum achievable consolidation as soon as possible. It is anticipated 

that the results of this report will help to inform the fiscal year 

2013 budget request, and future funding decisions and resource allocations by NASA’s Chief Information Officer. 

NASA’s Use of Term Positions.—The Committee directs NASA to 

provide a report no later than 60 days after enactment of this act 

providing the total number of term positions (both new hires and 

renewals) to be funded under this act, as well as a summary of 

NASA’s use of term positions since 1990. 

NASA Payments for Academic Training and Degrees.—An August 

2011 Inspector General report found that NASA’s management of 

its academic training program needs significant improvement. According to the report, ‘‘NASA has not established adequate internal 

controls to address these challenges. As a result, from July 2006 

through September 2010, NASA paid $1,440,000 for 57 employees 

to pursue academic degrees outside of NASA’s established degree 

programs—all without service commitments to the Agency for the 

degree.’’ The Committee directs NASA to report within 90 days of 

enactment of this act on steps taken to reform and improve its programs for academic training and to ensure degree programs are undertaken as part of a formal NASA program. The report should include steps NASA will take to improve NASA-wide oversight of the 

program. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriations, 2011 ............................................................................. $393,511,000 

Budget estimate, 2012 ........................................................................... 450,400,000 

Committee recommendation ................................................................. 422,000,000 

The Construction and Environmental Compliance and Remediation account provides for design and execution of programmatic, 

discrete and minor revitalization, construction of facilities projects, 

facility demolition projects, and environmental compliance and remediation activities. 
100 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION 

[In thousands of dollars] 

Committee recommendation 

Construction of Facilities ................................................................................................................................. 369,500 

Institutional CoF ...................................................................................................................................... (339,600 ) 

Science CoF ............................................................................................................................................. (1,000 ) 

Space Operations CoF ............................................................................................................................. (28,900 ) 

Environmental Compliance and Restoration ................................................................................................... 52,500 

Total, Construction and Environmental Compliance and Restoration ............................................... 422,000 

Hangar One.—Due to concerns raised in a June 2011 NASA inspector general report, the Committee does not provide the requested funding for the re-siding of Hangar One at Moffett Field, 

California. 

Funding for Construction.—NASA continues to request funds for 

construction of facilities within both the Space Operations and the 

Exploration accounts. For fiscal year 2012, the Committee has 

granted NASA authority to transfer funds for construction into the 

Construction and Environmental Restoration Account. For fiscal 

year 2013 and beyond, NASA should not request construction funds 

in its other accounts. The fiscal year 2013 budget should clearly 

identify any construction requests related to the 21st Century 

Launch Complex, the Orion Multipurpose Crew Vehicle, and the 

heavy lift launch vehicle system, including related ground and mission operations and test facility construction projects. 

Rocket test facilities.—Within 30 days of enactment of this act, 

NASA shall submit to the Committees on Appropriations a report 

detailing its plans to use and rehabilitate, if necessary, NASAowned systems-level rocket test facilities. The report should include 

plans for systems-level testing of the Space Launch System, an 

evaluation of potential commercial uses of such facilities, and a description of resources needed in fiscal year 2012. 

OFFICE OF INSPECTOR GENERAL

Appropriations, 2011 ............................................................................. $36,327,000 

Budget estimate, 2012 ........................................................................... 37,500,000 

Committee recommendation ................................................................. 37,300,000 

The Committee recommendation provides $37,300,000 for the Office of Inspector General [IG]. The Office is responsible for promoting efficiency and preventing and detecting crime, fraud, waste, 

and mismanagement. 

Continuing to Monitor NASA Conference Expenditures.—In 

March 2010, the IG issued a report investigating NASA-sponsored 

conferences exceeding $20,000. The report highlights a ‘‘Procurement Training Conference’’ for NASA budget employees held in 

Baltimore, Maryland, in December 2008. Costs for this conference 

ran $495,173. A comparable conference costs one-half the price for 

twice as many attendees. Bagels and coffee cost $62,000, or $66 per 

person, $7 more than the per diem rate for an entire day’s meals. 

Under section 538 of the bill, NASA will continue to submit quarterly reports to the IG regarding the costs and contracting procedures relating to each conference or meeting held by NASA for 

which the cost to the Government was more than $20,000. The IG 
101 

shall continue to audit these expenses to ensure that NASA has 

taken the corrective actions suggested in the March 2010 report. 

ADMINISTRATIVE PROVISIONS

The Committee includes bill language regarding the availability 

of funds for certain prizes. The Committee also includes bill language regarding: transfers of funds between accounts, the allowability of in-kind consideration for certain enhanced use leasing arrangements and the availability of certain funds from previous accounts and from the Endeavor Teacher Fellowship Trust Fund. 

NATIONAL SCIENCE FOUNDATION

Appropriations, 2011 ............................................................................. $6,859,867,000 

Budget estimate, 2012 ........................................................................... 7,767,000,000 

Committee recommendation ................................................................. 6,698,095,000 

The Committee’s recommendation provides $6,698,095,000 for 

the National Science Foundation [NSF]. The recommendation is 

$161,772,000 below the fiscal year 2011 enacted level and 

$1,068,905,000 below the budget request. 

The National Science Foundation was established as an independent agency by the National Science Foundation Act of 1950 

(Public Law 81–507) and is authorized to support research and 

education programs that promote the progress of science and engineering in the United States. The Foundation supports research 

and education in all major scientific and engineering disciplines 

through grants, cooperative agreements, contracts, and other forms 

of assistance in all parts of the United States. The Foundation also 

supports unique, large-scale research facilities and international facilities. 

NSF is the principal Federal agency charged with promoting 

science and engineering education from pre-kindergarten through 

career development. This helps ensure that the United States has 

world-class scientists, mathematicians and engineers, and well-prepared citizens for today and the future. In today’s global economy, 

continued progress in science and engineering and the transfer of 

the knowledge developed is vital if the United States is to maintain 

its competitiveness. NSF is at the leading edge of the research and 

discoveries that will create the jobs and technologies of the future. 

The Committee reiterates its long-standing requirement that 

NSF request reprogrammings when initiating new programs or activities of more than $500,000 or reorganizing components. The 

Committee expects to be notified of reprogramming actions which 

involve less than the above-mentioned amount if such actions 

would have the effect of changing the agency’s funding requirements in future years, or if programs or projects specifically cited 

in the Committee’s reports are affected. 

The Committee appreciates the NSF’s commitment to terminating programs that are outdated, duplicative or no longer can 

achieve their goals. The Committee accepts NSF’s proposal for reductions and terminations for the following programs: Deep Underground Science and Engineering Laboratory, Graduate STEM Fellows in K–12 Education, National STEM Distributed Learning 

(Digital Library), Research Initiation to Broaden Participation in 
102 

Biology, Synchrotron Radiation Center, and Science of Learning 

Centers. These cuts will save more than $55,000,000 from the fiscal 

year 2011 level and $90,000,000 from the fiscal year 2010 level. 

RESEARCH AND RELATED ACTIVITIES

Appropriations, 2011 ............................................................................. $5,563,875,000 

Budget estimate, 2012 ........................................................................... 6,253,540,000 

Committee recommendation ................................................................. 5,443,000,000 

The Committee’s recommendation provides $5,443,000,000. The 

recommendation is $120,875,000 below the fiscal year 2011 enacted 

level and $810,540,000 below the budget request. 

The Research and Related Activities appropriation funds scientific discovery, trains a dynamic workforce, and supports broadly 

accessible state-of-the-art tools and facilities. Research activities 

will contribute to the achievement of these outcomes through expansion of the knowledge base; integration of research and education; stimulation of knowledge transfer among academia and 

public and private sectors; and international activities, and will 

bring the perspectives of many disciplines to bear on complex problems important to the Nation. The Foundation’s discipline-oriented 

Research and Related Activities account include: Biological 

Sciences; Computer and Information Science and Engineering; Engineering; Geosciences; Mathematical and Physical Sciences; Social, 

Behavioral and Economic Sciences; Office of Cyberinfrastructure; 

Office of International Science and Engineering; Office of Polar 

Programs; Integrative Activities; and U.S. Arctic Research Commission. 

The Committee’s fiscal year 2012 recommendation renews its 

support for Federal long-term basic research that has the potential 

to be transformative to our economy and our way of life in the context of a Federal budget that is shrinking. As such, the recommendation endorses the Foundation’s prioritization of multidisciplinary, high-risk research, including investments in advanced 

manufacturing, cyber infrastructure and robotics. Each of these 

programs aim to have a transformative impact across science and 

engineering, especially in areas of national priority first outlined by 

the National Academies report ‘‘Rising Above the Gathering 

Storm.’’ 

It is not always easy to translate basic scientific discoveries into 

the ideas and products that build on those discoveries to launch a 

new product. While the scientist may be aware she has discovered 

something big, she may not be prepared to become the entrepreneur who creates the next great American company. The Committee is pleased to hear of the NSF’s new focus on leveraging its 

basic research investments to provide the greatest possibility for 

identifying important discoveries and cutting-edge technologies. 

NSF’s recent launch of Innovation Corps (I-Corps) will help scientists take the first steps from the research lab to commercialization by utilizing a strong private sector mentoring component, and 

small-scale Federal investment. I-Corps holds the promise to accelerate innovation that can attract subsequent third-party funding so 

discovery is transformed more rapidly into products that can help 

keep our Nation globally competitive, prosperous, and secure. 
103 

Scientific Facilities and Instrumentation.—A critical component 

of the Nation’s scientific enterprise is the infrastructure that supports researchers in discovery science. Investments to advance the 

frontiers of research and education in science and engineering are 

critical to the Nation’s innovation enterprise. The Committee expects the NSF to fully fund world-class U.S. scientific research facilities and instruments to adequately support scientists and students engaged in ground-breaking research to maximize sustained 

investments in research. 

Astronomical Sciences.—The Committee is aware of the need to 

increase access to 8-meter class telescopes for the U.S. astronomical community. Demand for observing time on large telescopes currently exceeds the available time by a factor of 3 to 4. The Committee recognizes that there is an opportunity to meet this need 

through an increased U.S. share of the Gemini program and provides an additional $2,000,000 above the request for increased time 

on Gemini either through a direct increase in the U.S. share or by 

providing instruments for Gemini. 

The Committee encourages NSF to pursue the astronomy and astrophysics decadal survey’s recommendation to develop a giant segmented mirror telescope and to develop that telescope on domestic 

soil as a public-private partnership inclusive of international partners, through the agency’s major research equipment and facilities 

construction process. This will help to continue America’s leadership in optical astronomy, while supporting scientific and technical 

jobs to maintain our level of excellence in this field. 

Radio Astronomy.—United States-based astronomy facilities continue to make groundbreaking discoveries and conduct world-class 

scientific research. NSF should consider allocating adequate funding within the amounts provided to sustain operations at domestic 

radio astronomy facilities while transitioning to full operation of 

the Atacama Large Millimeter Array. 

Cybersecurity.—The Committee’s recommendation includes the 

full request of $156,550,000 for cybersecurity research, including 

$65,000,000 for NSF’s contribution to the Comprehensive National 

Cybersecurity Initiative. NSF provides 82 percent of the total Federal support for basic computer science research at academic institutions. As government, business and society become more interconnected and dependent on computers, mobile devices and the 

Internet, it becomes more important that those systems be reliable, 

resilient and resistant to attacks. The discovery and innovation in 

cybersecurity supported by NSF will form the intellectual foundations for practical applications that make our information networks 

safer, more secure, and better able to protect our information. 

Experimental Program To Stimulate Competitive Research 

[EPSCoR].—Within the amount provided, the Committee provides 

$146,830,000 for EPSCoR, an amount that is the same as the fiscal 

year 2011 amount. 

Support for Academic Research Fleet.—At a time of rising costs 

for fuel and material, the Committee is concerned about maintaining an adequate funding level for the Academic Research Fleet and 

related research to ensure vessels are properly maintained and effectively utilized. The Committee supports the full budget request 

level for Regional Class Research Vessels of $2,000,000. Within 180 
104 

days of enactment of this act, NSF should report to the Committee 

on the status of planned acquisition of three vessels to provide regional capabilities in the Atlantic, Pacific, and gulf coast regions. 

Giant Segmented Mirror Telescope.—The Committee expects NSF 

to select a Giant Segmented Mirror project for possible Federal 

partnership by the end of calendar year 2011, as recommended by 

the National Research Council’s 2010 decadal survey in Astronomy 

and Astrophysics. This selection should be made by a competitive 

process or some other means that will provide long-term certainty 

for the U.S. projects now under development. 

Deep Underground Science and Engineering Laboratory 

[DUSEL].—The Committee notes the National Science Board’s decision to end NSF involvement in DUSEL and appreciates transition funding provided in fiscal year 2011 to coordinate with the Department of Energy [DOE]. In light of the recent Board decision 

and National Research Council recommendations, the Committee 

expects NSF to provide a report within 60 days regarding efforts 

to collaborate with DOE on the use of a future deep underground 

science laboratory and any current or planned commitments by the 

Foundation. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

Appropriations, 2011 ............................................................................. $117,055,000 

Budget estimate, 2012 ........................................................................... 224,680,000 

Committee recommendation ................................................................. 117,055,000 

The Committee’s recommendation provides $117,055,000. The 

recommendation is the same as the fiscal year 2011 enacted level 

and $107,625,000 below the budget request. 

The major research equipment and facilities construction appropriation supports the acquisition, procurement, construction, and 

commissioning of unique national research platforms and facilities 

as well as major research equipment. Projects supported by this appropriation will push the boundaries of technology and offer significant expansion of opportunities, often in new directions, for the 

science and engineering community. Preliminary design and development activities, on-going operations, and maintenance costs of 

the facilities are provided through the Research and Related Activities appropriation account. 

The Committee’s recommendation includes funding at the requested level for the following ongoing projects: the Advanced 

Laser Interferometer Gravitational Wave Observatory [AdvLIGO]; 

the Atacama Large Millimeter Array [ALMA]; and the Advanced 

Technology Solar Telescope [ATST]. This amount also includes 

$83,095,000 to continue construction of the Ocean Observatories 

Initiative [OOI]. NSF may transfer up to $100,000,000 from its Research and Related Activities account to fully fund OOI or begin 

work on the National Ecological Observatory Network [NEON]. 

EDUCATION AND HUMAN RESOURCES

Appropriations, 2011 ............................................................................. $861,034,000 

Budget estimate, 2012 ........................................................................... 911,200,000 

Committee recommendation ................................................................. 829,000,000 
105 

The Committee’s recommendation provides $829,000,000. The recommendation is $32,034,000 below the fiscal year 2011 enacted 

level and $82,200,000 below the budget request. 

The education and human resources appropriation supports a 

comprehensive set of programs across all levels of education in 

science, technology, engineering and mathematics [STEM]. The appropriation supports activities that unite school districts with institutions of higher learning to improve precollege education. Other 

precollege activities include the development of the next generation 

of precollege STEM education leaders, instructional materials and 

the STEM instructional workforce. Undergraduate activities support curriculum, laboratory and instructional improvement; expand 

the STEM talent pool; attract STEM participants to teaching; augment advanced technological education at 2-year colleges; and develop dissemination tools. Graduate support is directed to research 

and teaching fellowships and traineeships and instructional workforce improvement by linking precollege systems with higher education. Programs also seek to broaden the participation of groups 

underrepresented in the STEM enterprise and promote informal 

science education. Ongoing evaluation efforts and research on 

learning strengthen the base for these programs. 

The Committee strongly encourages NSF to continue support for 

undergraduate science and engineering education. At a time when 

enrollment in STEM fields of study continues to decline, it is important that NSF use its position to support students working towards degrees in these areas. 

Creating a strong science and engineering workforce for the future is vital to maintaining the Nation’s competitive edge. As the 

National Academies report ‘‘Rising Above the Gathering Storm’’ 

and, before that, the Hart-Rudman report on ‘‘Road Map for National Security: Imperative for Change’’ so illustratively point out, 

the future of U.S. competitiveness rests on our ability to train the 

next generation of scientists and engineers. 

Robert Noyce Scholarship Program.—The Committee has provided the fiscal year 2011 enacted level of $54,890,000 for the Robert Noyce Scholarship program. This program helps fill the critical 

need for STEM teachers in elementary and secondary schools by 

funding institutions of higher education to provide scholarships, 

stipends and programmatic support to recruit and prepare STEM 

majors and professionals to become K–12 teachers. Scholarship and 

stipend recipients are required to complete 2 years of teaching in 

a high-need school district for each year of support. 

Federal Cyber Service: Scholarships for Service.—At the same 

time that more Americans are relying on the Internet and 

networked systems for business and pleasure, threats to those systems are growing. The Federal Cyber Service: Scholarships for 

Service program helps the Federal Government respond to threats 

to our information technology infrastructure by providing scholarships to train cyber security professionals. In return, scholarship 

recipients agree to serve in a Federal Government agency position, 

building the Government’s capacity to understand, respond to, and 

prevent cyber threats. More than 900 students have completed the 

program, which was initiated in fiscal year 2001; 92.6 percent of 

students have placed with more than 120 Federal agencies. The 
106 

Committee provides $45,000,000, which is $20,000,000 above the 

requested level, to expand the Federal Cyber Service: Scholarships 

for Service program. Not less than $13,000,000 of the additional amount should be 

used specifically for graduate candidates, to include master’s and 

doctoral students. 

Informal Science Education.—The Committee maintains its 

strong support for NSF’s informal science education program. A report from the National Academy of Sciences, ‘‘Learning Science in 

Informal Settings’’, found evidence that nonschool science programs 

involving exhibitions, media projects, emerging learning technologies, and other informal education programs stimulate students and increase their interest in STEM education. The Committee encourages NSF to increase its support for the development 

of online accessible repositories of digital media and other materials to assist teachers and students in STEM education. 

Graduate Research Fellowship Program Eligibility.—The Graduate Research Fellowship Program [GRFP] provides 3 years of support for outstanding graduate students who are pursuing researchbased master’s and doctoral degrees in fields within NSF’s mission. 

The Committee is concerned that meritorious applications from the 

field of psychology are being rejected without review based solely 

on the fact that the applicant is enrolled in a Clinical Psychology 

program, even when his or her application and academic work is 

focused on areas of basic research within the NSF mission. Therefore, the Committee urges NSF to ensure that the review of GRFP 

applications is based on the merits of the research proposed and 

that applicants are not rejected for reasons unrelated to the quality 

and merits of the proposed research. 

Professional Science Master’s [PSM] Degree.—The Committee 

strongly encourages NSF to continue support for the Professional 

Science Master’s [PSM] degree programs funded through the American Reinvestment and Recovery Act (Public Law 111–5) as authorized in the America COMPETES Act (Public Law 110–69). To remain competitive in the global economy, America needs to develop 

more expertise in STEM fields; the PSM provides a pathway for 

students with undergraduate degrees in STEM fields and is a critical program for preparing future science professionals and leaders. 

The Committee strongly recommends that NSF incorporate requests for funding in fiscal year 2013 budget and beyond. 

Broadening Participation.—The Committee appreciates the 

NSF’s decision to maintain three existing initiatives to broaden 

participation, the Historically Black Colleges and Universities Undergraduate Program [HBCU–UP], the Louis Stokes Alliances for 

Minority Participation [LSAMP] and the Tribal Colleges and Universities Program [T–CUP]. These three programs each have different purposes and engage students and colleges and universities 

in a different manner. One size will not fit all. The Committee supports NSF’s request to maintain HBCU–UP at $32,000,000; 

LSAMP at $44,750,000; and T–CUP at $14,350,000. The Committee also supports efforts to broaden participation of undergraduates in STEM that include institutions eligible for these three programs as well as institutions eligible under section 7033 of the 

America COMPETES Act (Public Law 110–69). 
107 

The Committee is also committed to growing the STEM workforce by attracting broader participation from all underrepresented 

groups in STEM fields. While the Committee does not object to the 

transfer of Research in Disabilities Education [RDE] and Research 

on Gender in Science and Engineering [GSE] from the Division of 

Human Resource Development to the Division of Research on 

Learning in Formal and Informal Settings, the Committee directs 

NSF to maintain RDE and GSE as separate programs at the fiscal 

year 2011 enacted level. Any future proposal to consolidate these 

programs within any broader program should include a plan showing how NSF will maintain or enhance current levels of effort to 

broaden participation, including diffusion efforts undertaken as 

part of GSE. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

Appropriations, 2011 ............................................................................. $299,400,000 

Budget estimate, 2012 ........................................................................... 357,740,000 

Committee recommendation ................................................................. 290,400,000 

The Committee recommendation provides $290,400,000. The rec- ommendation is $9,000,000 below the fiscal year 2011 enacted level 

and $67,340,000 below the budget request. 

The salaries and expenses appropriation provides funds for staff 

salaries, benefits, travel, training, rent, advisory and assistance 

services, communications and utilities expenses, supplies, equipment and other operating expenses necessary for management of 

the National Science Foundation’s research and education activities. 

The Committee directs NSF to find savings from operating expenses and future headquarters planning. 

Workforce Management.—The NSF has received numerous reports from the Office of Inspector General and the Office of Personnel Management critiquing the management environment at 

NSF and recommending changes to improve the workplace. NSF’s 

mission is to meet the highest scientific standards. Its managers 

need to ensure that the workplace meets the highest standards as 

well and is free from harassment and misconduct. Within 60 days 

of enactment, NSF shall deliver an action plan to the Committee 

detailing its plan to implement the recommended changes, along 

with expected date of implementation and the senior official responsible for implementation. 

OFFICE OF THE NATIONAL SCIENCE BOARD

Appropriations, 2011 ............................................................................. $4,531,000 

Budget estimate, 2012 ........................................................................... 4,840,000 

Committee recommendation ................................................................. 4,440,000 

The Committee recommendation provides $4,440,000. The recommendation is $91,000 below the fiscal year 2011 enacted level 

and $400,000 below the budget request. 

The National Science Board is the governing body of the National 

Science Foundation. The Board is composed of 24 members, appointed by the President and confirmed by the Senate. The Board 

is also charged with serving as an independent adviser to the 

President and Congress on policy matters related to science and engineering research and education. 
108 

Merit Review Criteria.—The Committee is aware that the Board, 

through its Task Force on Merit Review, is examining NSF’s merit 

review criteria. While progress has been made in broadening access 

to STEM education and career opportunities for women, underrepresented minorities, and persons with disabilities, more remains to 

be done to achieve the goals of the Science and Engineering Equal 

Opportunities Act of 1980. According to the Committee on Equal 

Opportunities in Science and Education’s 2008 Biennial Report to 

Congress, ‘‘Based on NSF’s own research, NSF needs to provide 

more guidance to principal investigators, institutions, and proposal 

reviewers on the definition and importance of broadening participation.’’ However, broadening participation should remain an essential component of the NSF merit review criteria. 

OFFICE OF INSPECTOR GENERAL

Appropriations, 2011 ............................................................................. $13,972,000 

Budget estimate, 2012 ........................................................................... 15,000,000 

Committee recommendation ................................................................. 14,200,000 

The Committee recommendation provides $14,200,000. The recommendation is $228,000 more than the fiscal year 2011 enacted 

level and $800,000 less than the budget request. 

The Office of Inspector General appropriation provides audit and 

investigation functions to identify and correct deficiencies that 

could create potential instances of fraud, waste, or mismanagement. The Committee has provided an increase in this account to 

enhance accountability at the NSF. 

ADMINISTRATIVE PROVISION

The bill includes one administrative provision to allow limited 

transfers of funds among accounts. 
(109) 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2011 ............................................................................. $9,381,000 

Budget estimate, 2012 ........................................................................... 9,429,000 

Committee recommendation ................................................................. 9,193,000 

The Committee’s recommendation provides $9,193,000 for the 

salaries and expenses of the Commission on Civil Rights. The recommendation is $188,000 below the fiscal year 2011 enacted level 

and $236,000 below the budget request. 

Improving Oversight.—Chronic financial and managerial problems at the Commission have been allowed to continue for too long 

without sufficient attention. In order to rectify this situation, the 

Committee establishes an inspector general [IG] for the Commission and provides that the post will be filled by the individual holding the position of IG at the Equal Employment Opportunity Commission [EEOC]. The IG is tasked with the duties and responsibilities specified in the Inspector General Act of 1978, to include the 

conduct of audits and reviews of Commission programs, finances 

and personnel. Funding for the operation of the Commission’s IG, 

in the amount of $800,000, is provided by transfer directly to the 

EEOC IG. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $366,568,000 

Budget estimate, 2012 ........................................................................... 385,520,000 

Committee recommendation ................................................................. 329,237,000 

The Equal Employment Opportunity Commission [EEOC] is the 

leading Federal law enforcement agency dedicated to eradicating 

employment discrimination in both the public and private sectors 

on the basis of race, color, national origin, sex, religion, pregnancy, 

age, disability and family medical history or genetic information. 

The EEOC serves both U.S. public and private workplaces by helping provide a fair and inclusive workplace, which engenders employee satisfaction and commitment, and enhances employee retention, productivity and profitability. 

The Committee’s recommendation provides $329,237,000 for 

EEOC salaries and expenses. Given growing fiscal constraints, the 

Committee’s recommendation does not include the EEOC’s request 

for an increase of $18,952,000 in fiscal year 2012, and must reduce 
110 

EEOC’s salaries and expenses by $7,331,000 compared with the fiscal year 2011 enacted level. This will regrettably risk reversing the 

progress made by EEOC since 2008 to slow dramatically the 

growth of backlogged, unresolved discrimination charges to only 1 

percent by to hiring investigators, attorneys and other front-line 

staff; updating technology; and increasing private sector employer/ 

employee training opportunities. This feat was accomplished even 

as the number of discrimination charges filed with EEOC reached 

historic levels, peaking at 100,000 cases filed in 2011. 

The EEOC anticipates 108,000 discrimination charges will be 

filed by the end of fiscal year 2012, with the goal of having 93,000 

end-of-year pending cases. Budget cuts and expanding enforcement 

responsibilities will make EEOC hard-pressed to meet this goal, 

leaving the Commission with an erosion of mission-critical staff, increased discrimination charge inventory, limits on its litigation 

docket, diminished employment sector enforcement efforts and delayed customer service. 

Backlog Reduction.—In order to advance EEOC’s backlog reduction goals, the Committee encourages the Commission to prioritize, 

within funds provided, the hiring or backfilling positions of frontline mission critical staff that have the biggest impact on case resolutions. To assist in the monitoring of EEOC’s hiring progress, 

EEOC is directed to continue submitting quarterly staffing reports, 

consistent with the direction provided in the statement accompanying Public Law 111–117. 

Full Service Intake.—EEOC is currently reviewing and considering the adoption of a National Full Service Intake Model, which 

would create dedicated charge intake units in each field office to 

handle the intake process from pre-charge counseling through 

charge filing. The EEOC is directed to submit a report detailing its 

views on this model to the Committee within 120 days of the enactment of this act. 

Federal Sector Hearings.—EEOC is directed to submit a copy of 

the updated Federal Sector hearing plan (adjusted for stakeholder 

input) to the Committee prior to the implementation of such plan. 

Office of Inspector General [OIG].—The appropriating paragraph 

for the Commission on Civil Rights establishes that EEOC’s Inspector General will simultaneously hold the post of Inspector General 

of the Commission on Civil Rights. The funds needed by the EEOC 

OIG to carry out this new responsibility are provided by transfer 

directly from the Commission on Civil Rights budget. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2011 ............................................................................. ........................... 

Budget estimate, 2012 ........................................................................... ........................... 

Committee recommendation ................................................................. $29,400,000 

The Committee recommends $29,400,000 to assist State and local 

enforcement agencies. The Committee is troubled that the EEOC 

has failed to provide adequate resources to its State partners and 

therefore has created a separate account for this funding. 
111 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $81,696,000 

Budget estimate, 2012 ........................................................................... 87,000,000 

Committee recommendation ................................................................. 80,062,000 

The Committee recommendation provides $80,062,000. The rec- ommendation is $1,634,000 below the fiscal year 2011 level and is 

$6,938,000 below the budget request. 

The ITC is an independent, quasi-judicial agency responsible for 

conducting trade-related investigations, providing Congress and the 

President with independent technical advice relating to United 

States international trade policy. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2011 ............................................................................. $404,190,000 

Budget estimate, 2012 ........................................................................... 450,000,000 

Committee recommendation ................................................................. 396,106,000 

The Committee recommendation provides $396,106,000 for payment to the Legal Services Corporation [LSC]. The recommendation is $8,084,000 below the fiscal year 2011 enacted level, and 

$53,894,000 below the budget request. The Committee recommendation provides $370,506,000 for basic 

field programs, to be used for competitively awarded grants and 

contracts; $17,000,000 for management and administration; 

$3,400,000 for client self-help and information technology; 

$4,200,000 for the Office of the Inspector General; and $1,000,000 

for loan repayment assistance. 

Governance and Management.—Continuing reports of governance 

and management issues at LSC undermine the credibility of the organization and complicate efforts to direct additional funds into 

legal aid, where they are desperately needed. Progress has been 

made in completing action on reform recommendations identified 

by GAO and the LSC Inspector General, but some recommendations remain outstanding and additional issues have been raised. 

The timely resolution of these issues must be a priority of the Corporation so that management and governance questions do not continue to overshadow the good work being done by LSC and its 

grantees. 

Cost Effectiveness Studies.—The Committee directs LSC to continue its collaboration with the Department of Justice to conduct 

a national level economic study of the cost effectiveness of legal aid 

that would expand on existing state models and establish more 

broadly applicable results. 

Private Attorney Involvement.—All LSC grantees are required to 

take steps to incentivize private attorney involvement in their programs, but these efforts are not performing up to their potential. 

By making a more aggressive push for pro bono private attorney 

services, grantees could alleviate some pressure on their own budgets and increase the number of clients served. LSC is urged to seek 

further action from its grantees to improve private attorney participation. 
112 

Legal Aid Fellowships.—LSC is reportedly considering a proposal 

to create a fellowship program for retirees or recent law school 

graduates who will commit to working in legal aid for a designated 

period of time. LSC is directed to conduct a study of this proposal 

in order to further develop how such a fellowship program would 

work and how much it would cost to implement. LSC shall report 

to the Committee with the results of that study no later than 120 

days after the enactment of this act. 

ADMINISTRATIVE PROVISION—LEGAL SERVICE CORPORATION

The Committee recommendation continues the administrative 

provisions contained in the fiscal year 1998 appropriations act 

(Public Law 105–119) regarding operation of this program to provide basic legal services to disadvantaged individuals and the restrictions on the use of LSC funds. 

LSC funds cannot be used to engage in litigation and related activities with respect to a variety of matters including: (1) redistricting; (2) class action suits; (3) representation of illegal aliens; (4) 

political activities; (5) abortion; (6) prisoner litigation; (7) welfare 

reform; (8) representation of charged drug dealers during eviction 

proceedings; and (9) solicitation of clients. The exception to the restrictions occurs in a case where there is imminent threat of physical harm to the client or prospective client. 

The bill makes no changes to the permanent restrictions established under the Legal Services Corporation Act (42 U.S.C. § 2996 

et seq.). As it did in fiscal years 2010 and 2011, the Committee provides language that affects only the 1996 appropriations rider in 

the following manner: (1) keeps the restriction on use of funds from 

all private and public sources for abortion-related litigation and 

representation of prisoners; and (2) lifts the restriction on use of 

funds from all private sources—but keeps the restriction on use of 

all public sources—for all other activities currently restricted by 

the rider. This provision was included to level the playing field between legal aid attorneys and their counterparts in the private sector and open potentially crucial sources of additional revenue to 

legal aid providers in a year in which State and private funding 

sources are decreasing. 

The manner in which the LSC grantees are audited through contracts with certified public accountants for financial and compliance audits are continued, along with the provisions on recompetition and debarment. 

The Committee recognizes that the LSC current percentage locality pay represents reasonable compensation for LSC officers and 

employees. The Committee expects that any locality pay will continue to be paid at that percentage. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $3,243,000 

Budget estimate, 2012 ........................................................................... 3,025,000 

Committee recommendation ................................................................. 3,025,000 
113 

The Committee recommendation provides $3,025,000. The rec- ommendation is $218,000 below the fiscal year 2011 enacted level 

and is the same as the budget request. 

The Marine Mammal Commission and its Committee of Scientific 

Advisors on Marine Mammals provide oversight and recommend 

actions on domestic and international topics to advance policies and 

provisions of the Marine Mammal Protection Act. The Commission 

provides precise, up-to-date scientific information to Congress on 

issues related to the safety of marine mammals. 

Independent Report.—The Committee appreciates the Marine 

Mammal Commission’s willingness to assess the 2011 statistical 

analysis prepared by the National Park Service [NPS] regarding 

the potential displacement of breeding and pupping harbor seals by 

shellfish aquaculture at Point Reyes National Seashore. As part of 

this on-going review, the Committee urges the Commission to thoroughly examine the reviews and analyses prepared by other statisticians on the NPS study to ensure a comprehensive assessment 

of all viewpoints. This should include a response to criticisms that 

the study: (1) should not have used data points for 1982–1983; (2) 

did not account fully for the impact of an aggressive elephant seal 

in the Double Point area on 2003 and 2004 harbor seal populations 

in Drake’s Estero; and (3) did not accurately interpret aerial photographs and public health records when converting oyster harvest 

records to high/low values for further analysis. It also should include an analysis of the study’s statistical significance if the 1982– 

1983 and/or 2003–2004 data are removed. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $47,730,000 

Budget estimate, 2012 ........................................................................... 51,251,000 

Committee recommendation ................................................................. 46,775,000 

The Committee recommendation provides $46,775,000 for the Office of the United States Trade Representative [USTR]. The recommendation is $955,000 below the fiscal year 2011 level and 

$4,476,000 below the budget request. 

USTR is responsible for developing and leading international negotiations for the United States on policies regarding international 

trade, direct investment, and commodities. Its areas of responsibility include all matters relating to the World Trade Organization; 

trade, commodity, and direct investment matters dealt with by certain international institutions; industrial, agricultural and services 

trade policy; and trade-related protection of intellectual property 

and the environment. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. $5,121,000 

Budget estimate, 2012 ........................................................................... 5,131,000 

Committee recommendation ................................................................. 5,019,000 

The Committee’s recommendation provides $5,019,000 for the 

State Justice Institute. The recommendation is $102,000 below the 
114 

fiscal year 2011 enacted level and $112,000 below the budget request. 

The Institute was created in 1984 to further the development 

and adoption of improved judicial administration in State courts. 

COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF LATIN

AMERICANS OF JAPANESE DESCENT

SALARIES AND EXPENSES

Appropriations, 2011 ............................................................................. ........................... 

Budget estimate, 2012 ........................................................................... ........................... 

Committee recommendation ................................................................. $1,700,000 

The Committee’s recommendation provides $1,700,000 for the 

Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent. 
(115) 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

The Committee recommends the following general provisions for 

the departments, agencies and commissions funded in the accompanying bill. 

Section 501 prohibits the use of appropriations for certain publicity and propaganda purposes. 

Section 502 prohibits any appropriations contained in this act 

from remaining available for obligation beyond the current fiscal 

year unless expressly provided. 

Section 503 limits funds for certain consulting purposes. 

Section 504 provides that should any provision of the act be held 

to be invalid, the remainder of the act would not be affected. 

Section 505 stipulates the policy and procedures by which funding available to the agencies funded under this act may be reprogrammed for other purposes. 

Section 506 prohibits funds from being used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission [EEOC] similar to proposed guidelines covering harassment based on religion published by the EEOC in October 1993. 

Section 507 provides for a penalty for persons found to have 

falsely mislabeled products. 

Section 508 requires agencies to provide quarterly reports to the 

Appropriations Committees regarding unobligated balances. 

Section 509 requires agencies and departments funded in this act 

to absorb any necessary costs related to downsizing or consolidation 

within the amounts provided to the agency or department. 

Section 510 limits funds for the sale or export of tobacco or tobacco products. 

Section 511 prohibits user fees for background checks conducted 

pursuant to the Brady Handgun Control Act of 1993, and prohibits 

implementation of a background check system which does not require or result in destruction of certain information. 

Section 512 stipulates obligation of receipts available under the 

Crime Victims Fund. 

Section 513 prohibits the use of Department of Justice funds for 

programs that discriminate against, denigrate, or otherwise undermine the religious beliefs of students participating in such programs. 

Section 514 limits transfers of funds between agencies. 

Section 515 provides that funding for E-government initiatives 

are subject to reprogramming guidelines established by this act. 

Section 516 specifies requirements for certain firearms tracing 

studies. 
116 

Section 517 requires the Inspectors General of the Departments 

of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation to conduct reviews of activities funded in this act; 

prohibits the use of funds for certain banquets and conferences; 

and requires certifications regarding conflicts of interest. 

Section 518 prohibits funds to issue certain patents. 

Section 519 prohibits the use of funds to support or justify the 

use of torture. 

Section 520 limits funds pertaining to certain activities related to 

the export of firearms. 

Section 521 limits funds to process permits to import certain 

products. 

Section 522 prohibits funds for activities that seek to include certain language in new trade agreements. 

Section 523 prohibits funds to authorize a national security letter 

in contravention of the statutes authorizing the FBI to issue national security letters. 

Section 524 requires notification to the Committees in the event 

of cost overruns. 

Section 525 authorizes funds appropriated for intelligence activities for the Department of Justice during fiscal year 2012 until the 

enactment of the Intelligence Authorization Act for Fiscal Year 

2012. 

Section 526 directs the departments, agencies, and commissions 

funded under this act to establish and maintain on the homepages 

of their Internet websites a link to their Offices of Inspectors General and a method by which individuals may anonymously report 

cases of waste, fraud, or abuse. 

Section 527 prohibits contracts or grant awards in excess of 

$5,000,000 unless the prospective contractor or grantee has certified in writing that she has filed all Federal tax returns, has not 

been convicted of a criminal offense under the IRS Code of 1986, 

and has no unpaid Federal tax assessment. 

Section 528 prohibits the use of funds in a manner that is inconsistent with the principal negotiating objective of the United States 

with respect to trade remedy laws. 

Section 529 specifies rescissions of prior appropriations. 

Section 530 prohibits the use of funds to purchase first class or 

premium airline travel in contravention of current regulations. 

Section 531 prohibits the use of funds to pay for the attendance 

of more than 50 employees at any single conference outside the 

United States. 

Section 532 prohibits the use of funds in this or any other act 

for the transfer or release of certain individuals detained at Naval 

Station, Guantanamo Bay, Cuba, to or within the United States, its 

territories or possessions. 

Section 533 prohibits the use of funds in this or any other act 

to construct, acquire or modify any facility in the United States, its 

territories, or possessions to house certain individuals who, as of 

June 24, 2009, were located at Naval Station, Guantanamo Bay, 

Cuba for the purposes of detention or imprisonment in the custody 

or control of the Department of Defense. 
117 

Section 534 prohibts funds to the Association of Community Organizations for Reform Now [ACORN] and its subsidiaries. 

Section 535 requires, when practicable, the use of ‘‘Energy Star’’ 

or ‘‘Federal Energy Management Program’’ designated light bulbs. 

Section 536 requires agencies funded in this act to report on 

undisbursed balances. 

Section 537 prohibits the use of funds to relocate the Bureau of 

Census or employees to the Executive Office of the President. 

Section 538 requires agencies to report conference spending to 

the Inspectors General. 

Section 539 prohibits the use of funds to establish or maintain 

a computer network that does not block pornography, except for 

law enforcement purposes. 

Section 540 requires the Departments of Commerce and Justice, 

the National Aeronautics and Space Administration and the National Science Foundation to submit spending plans to the House 

and Senate Appropriations Committees within 30 days of enactment of this act. 

Section 541 authorizes the establishment of a Commission on 

Wartime Relocation and Internment of Latin Americans of Japanese Descent. 
(118) 

COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE 

STANDING RULES OF THE SENATE 

Rule XVI, paragraph 7 requires that every report on a general 

appropriation bill filed by the Committee must identify items of appropriation not made to carry out the provisions of an existing law, 

a treaty stipulation, or an act or resolution previously passed by 

the Senate during that session. 

The Committee recommends funding for the following programs 

or activities that currently lack an authorization for fiscal year 

2012, either in whole or in part, and therefore fall under this rule: 

APPROPRIATIONS NOT AUTHORIZED BY LAW—FISCAL YEAR 2012 

Agency/Program Last year of 

authorization 

Department of Commerce: 

International Trade Administration: 

Export Promotion ................................................................................................................................ 1996 

Economic Development Administration: 

Salaries and Expenses ....................................................................................................................... 2008 

Economic Development Assistance Programs: 

Public Works and Economic Development ................................................................................ 2008 

National Telecommunications and Information Administration: 

Salaries and Expenses ....................................................................................................................... 1993 

National Oceanic and Atmospheric Administration: 1

Operations, Research and Facilities: 

National Ocean Service: 

Coral Reef Conservation .................................................................................................. 2004 

Coastal Zone Management .............................................................................................. 1999 

Marine Protection, Research, Preservation & Sanctuaries .............................................. 2005 

National Marine Fisheries Services: 

Endangered Species Act Amendment .............................................................................. 1992 

Marine Mammal Protection .............................................................................................. 1999 

NOAA Marine Fisheries Program ...................................................................................... 2000 

Pacific Coastal Salmon Recovery ...................................................................................................... 2009 

Department of Justice: 

General Administration: 

Salaries and Expenses ....................................................................................................................... 2009 

Justice Information Sharing Technology ............................................................................................ 2009 

Law Enforcement Wireless Communications ..................................................................................... 2009 

Administrative Review & Appeals: 

Salaries and Expenses ....................................................................................................................... 2009 

Detention Trustee ........................................................................................................................................ 2009 

Office of Inspector General: 

Salaries and Expenses ....................................................................................................................... 2009 

U.S. Parole Commission: 

Salaries and Expenses ....................................................................................................................... 2009 

Legal Activities: 

General Legal Activities: 

Salaries and Expenses .............................................................................................................. 2009 

Antitrust Division: 

Salaries and Expenses .............................................................................................................. 2009 

U.S. Attorneys: 

Salaries and Expenses .............................................................................................................. 2009 

Foreign Claims Settlement Commission: 

Salaries and Expenses .............................................................................................................. 2009 
119 

APPROPRIATIONS NOT AUTHORIZED BY LAW—FISCAL YEAR 2012—Continued 

Agency/Program Last year of 

authorization 

Fees and Expenses of Witnesses ....................................................................................................... 2009 

Community Relations Service: 

Salaries and Expenses .............................................................................................................. 2009 

Assets Forfeiture Fund Current Budget Authority .............................................................................. 2009 

U.S. Marshals Service ................................................................................................................................. 2009 

Salaries and Expenses ....................................................................................................................... N/A 

Construction ....................................................................................................................................... N/A 

National Security Division: 

Salaries and Expenses ....................................................................................................................... N/A 

Interagency Law Enforcement: 

Interagency Crime and Drug Enforcement ........................................................................................ 2009 

Federal Bureau of Investigation ................................................................................................................. 2009 

Salaries and Expenses ....................................................................................................................... N/A 

Construction ....................................................................................................................................... N/A 

Drug Enforcement Administration: 

Salaries and Expenses ....................................................................................................................... 2009 

Construction ....................................................................................................................................... N/A 

Bureau of Alcohol, Tobacco, Firearms and Explosives: 

Salaries and Expenses ....................................................................................................................... 2009 

Federal Prison System ................................................................................................................................. 2009 

Salaries and Expenses ....................................................................................................................... N/A 

Buildings and Facilities ..................................................................................................................... N/A 

Office on Violence Against Women: 

STOP Grants ....................................................................................................................................... 2011 

Children Exposed to Violence .................................................................................................... N/A 

Transitional Housing Assistance ........................................................................................................ 2011 

Research & Evaluation on Violence Against Women ........................................................................ N/A 

Grants to Encourage Arrest Policies .................................................................................................. 2011 

Homicide Prevention Initiative .................................................................................................. N/A 

Sexual Assault Victims Services ........................................................................................................ 2011 

Rural Domestic Violence & Child Abuse Enforcement ...................................................................... 2011 

Violence on College Campuses .......................................................................................................... 2011 

Civil Legal Assistance ........................................................................................................................ 2011 

Elder Abuse Grant Program ............................................................................................................... 2011 

Safe Havens Program ........................................................................................................................ 2011 

Education & Training for Disabled Female Victims .......................................................................... 2011 

Court Training and Improvements Program ...................................................................................... 2011 

Family Court Initiative .............................................................................................................. N/A 

Research on Violence against Indian Women ................................................................................... 2008 

Engaging Men and Youth in Prevention ............................................................................................ 2011 

Services for Children/Youth Exposed to Violence .............................................................................. 2011 

Advocates for Youth/Services for Youth Victims (STARY) ................................................................. 2011 

Supporting Teens through Education and Protection ........................................................................ 2011 

National Resource Center on Workplace Responses ......................................................................... 2011 

Indian Country—Sexual Assault Clearinghouse ................................................................................ N/A 

OVW Program Management and Administration ............................................................................... 2009 

Office of Justice Programs: 

Research, evaluation and statistics: 

Bureau of Justice Statistics ...................................................................................................... 1995 

National Institute of Justice ..................................................................................................... 1995 

Evaluation Clearinghouse ......................................................................................................... N/A 

Regional information sharing ................................................................................................... 2003 

State and local law enforcement assistance: 

Byrne Memorial Justice Assistance Grants: 

SLATT Intelligence State and Local Training ................................................................... N/A 

State and Local Assistance Help Desk/Diagnostic Center .............................................. N/A 

Smart Probation ............................................................................................................... N/A 

VALOR Initiative ............................................................................................................... N/A 

State Criminal Alien Assistance Program ................................................................................ 2011 

Border Prosecution Initiatives ................................................................................................... N/A 

Byrne Competitive Grants ......................................................................................................... N/A 

Victims of Trafficking Grants (22 U.S.C. 7110) ....................................................................... 2011 

Victims of Trafficking Grants (42 U.S.C. 14044c(d)) ............................................................... 2011 
120 

APPROPRIATIONS NOT AUTHORIZED BY LAW—FISCAL YEAR 2012—Continued 

Agency/Program Last year of 

authorization 

Drug Courts ............................................................................................................................... 2008 

Mental Health Courts ................................................................................................................ 2014 

Residential Substance Abuse Treatment .................................................................................. 2000 

Capital Litigation ...................................................................................................................... 2009 

Economic, High-tech and Cybercrime Prevention ..................................................................... 2012 

John R. Justice Grants .............................................................................................................. 2014 

Adam Walsh Act ........................................................................................................................ 2009 

Byrne Criminal Justice Innovation Program ............................................................................. N/A 

Children Exposed to Violence .................................................................................................... N/A 

Bulletproof Vests Partnerships ................................................................................................. 2012 

Violent Gang and Gun Crime Reduction .................................................................................. N/A 

National Forum on Youth Violence Prevention ......................................................................... N/A 

Training for Judicial Personnel ................................................................................................. 2005 

CASA—Special Advocates ........................................................................................................ 2011 

NICS ........................................................................................................................................... 2013 

Criminal Records Upgrade ........................................................................................................ 2007 

Paul Coverdell Forensic Science ............................................................................................... 2009 

DNA Analysis/Other Forensics ................................................................................................... 2014 

Child Sexual Predator program (for grants under SOMA [42 U.S.C. 16926]) ......................... 2009 

Juvenile Justice Programs: 

Juvenile Justice State Formula Grants ..................................................................................... 2007 

Juvenile Accountability Block Grants ........................................................................................ 2009 

Enforcing Underage Drinking Laws .......................................................................................... 2009 

Juvenile Justice Youth Mentoring Grants .................................................................................. N/A 

Community-Based Violence Initiative ....................................................................................... N/A 

Investigation and Prosecution Of Child Abuse ......................................................................... 2005 

Missing and Exploited Children programs ............................................................................... 2004 

COPS Programs: 

Methamphetamine Lab Cleanups ............................................................................................. 2010 

Transfer to DEA ................................................................................................................ ........................

Community Policing .................................................................................................................. 2009 

Related Agencies: 

Commission on Civil Rights: 

Salaries and Expenses ....................................................................................................................... 1995 

International Trade Commission: 

Salaries and Expenses ....................................................................................................................... 2004 

Payment to the Legal Services Corporation: 

Salaries and Expenses ....................................................................................................................... 1980 

Marine Mammal Commission: 

Salaries and Expenses ....................................................................................................................... 1999 

Office of the U.S. Trade Representative: 

Salaries and Expenses ....................................................................................................................... 2004 

State Justice Institute: 

Salaries and Expenses ....................................................................................................................... 2008 

1 NOAA authorizations are spread across over 60 separate statutory authorities. In many cases, the authorizations do not match exactly to 

specific programs. 
(121) 

COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE 

STANDING RULES OF THE SENATE 

Pursuant to paragraph 7(c) of rule XXVI, on September 15, 2011, 

the Committee ordered favorably reported an original bill (S. 1572) 

making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending 

September 30, 2012, and for other purposes, provided, that the bill 

be subject to amendment and that the bill be consistent with its 

spending allocations, by a recorded vote of 29–1, a quorum being 

present. The vote was as follows: 

Yeas Nays 

Chairman Inouye Mr. Johnson (WI) 

Mr. Leahy 

Mr. Harkin 

Ms. Mikulski 

Mr. Kohl 

Mrs. Murray 

Mrs. Feinstein 

Mr. Durbin 

Mr. Johnson (SD) 

Ms. Landrieu 

Mr. Reed 

Mr. Lautenberg 

Mr. Nelson 

Mr. Pryor 

Mr. Tester 

Mr. Brown 

Mr. Cochran 

Mr. McConnell 

Mr. Shelby 

Mrs. Hutchison 

Mr. Alexander 

Ms. Collins 

Ms. Murkowski 

Mr. Graham 

Mr. Kirk 

Mr. Coats 

Mr. Blunt 

Mr. Moran 

Mr. Hoeven 

COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE 

STANDING RULES OF THE SENATE 

Paragraph 12 of the rule XXVI requires that Committee reports 

on a bill or joint resolution repealing or amending any statute or 

part of any statute include ‘‘(a) the text of the statute or part there-
122 

of which is proposed to be repealed; and (b) a comparative print of 

that part of the bill or joint resolution making the amendment and 

of the statute or part thereof proposed to be amended, showing by 

stricken-through type and italics, parallel columns, or other appropriate typographical devices the omissions and insertions which 

would be made by the bill or joint resolution if enacted in the form 

recommended by the Committee.’’ 

In compliance with this rule, the following changes in existing 

law proposed to be made by this bill are shown as follows: existing 

law to be omitted is enclosed in black brackets; new matter is 

printed in italic; and existing law in which no change is proposed 

is shown in roman. 

TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE 

PART II—DEPARTMENT OF JUSTICE

CHAPTER 31—THE ATTORNEY GENERAL

§ 530A. Authorization of appropriations for travel and related expenses and for health care of personnel 

serving abroad 

There are authorized to be øappropriated¿ used from appropriations, for any fiscal year, for the Department of Justice, such 

sums as may be necessary— 

(1) for travel and related expenses of employees of the Department of Justice serving abroad and their families, to be 

payable in the same manner as applicable with respect to the 

Foreign Service under paragraphs (2), (3), (5), (6), (8), (9), (11), 

and (15) of section 901 of the Foreign Service Act of 1980, and 

under the regulations issued by the Secretary of State; and 

(2) for health care for such employees and families, to be 

provided under section 904 of that Act. 

TITLE 51—NATIONAL AND COMMERCIAL SPACE 

PROGRAMS 

SUBTITLE II—GENERAL PROGRAM AND POLICY 

PROVISIONS 

CHAPTER 201—NATIONAL AERONAUTICS AND SPACE PROGRAM

SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS

§ 20145. Lease of non-excess property 

(a) IN GENERAL.— * * * 

(b) CASH CONSIDERATION.— 

(1) FAIR MARKET VALUE.—(A) A person or entity entering 

into a lease under this section shall provide cash consideration 

for the lease at fair market value as determined by the Administrator. 
123 

(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

§ 40902. National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund 

(a) ESTABLISHMENT.— * * * 

* * * * * * * 

(c) PURPOSE.— * * * 

(d) AVAILABILITY OF FUNDS.—The interest accruing from the 

National Aeronautics and Space Administration Endeavor Teacher 

Fellowship Trust Fund principal shall be available in fiscal year 

2012 for the purpose of the Endeavor Science Teacher Certificate 

Program. 

OMNIBUS CONSOLIDATED RESCISSIONS AND 

APPROPRIATIONS ACT OF 1996, PUBLIC LAW 104–134 

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, 

THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION ACT 

TITLE V—RELATED AGENCIES 

LEGAL SERVICES CORPORATION

ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION

SEC. 504. (a) None of the funds appropriated in this Act to the 

Legal Services Corporation may be used to provide financial assistance to any person or entity (which may be referred to in this section as a ‘‘recipient’’) that uses Federal funds (or funds from any 

source with regard to paragraphs (14) and (15)) in a manner— 

(1) that makes available any funds, personnel, or equipment for use in advocating or opposing any plan or proposal, 

or represents any party or participates in any other way in litigation, that is intended to or has the effect of altering, revising, or reapportioning a legislative, judicial, or elective district 

at any level of government, including influencing the timing or 

manner of the taking of a census; 

* * * * * * * 

ø(d)(1) The Legal Services Corporation shall not accept any 

non-Federal funds, and no recipient shall accept funds from any 

source other than the Corporation, unless the Corporation or the 

recipient, as the case may be, notifies in writing the source of the 

funds that the funds may not be expended for any purpose prohibited by the Legal Services Corporation Act or this title. 
124 

ø(2) Paragraph (1) shall not prevent a recipient from— 

ø(A) receiving Indian tribal funds (including funds 

from private nonprofit organizations for the benefit of Indians or Indian tribes) and expending the tribal funds in accordance with the specific purposes for which the tribal 

funds are provided; or 

ø(B) using funds received from a source other than the 

Legal Services Corporation to provide legal assistance to a 

covered individual if such funds are used for the specific 

purposes for which such funds were received, except that 

such funds may not be expended by recipients for any purpose prohibited by this Act or by the Legal Services Corporation Act.¿ 

* * * * * * * 

ø(e)¿ (d) Nothing in this section shall be construed to prohibit 

a recipient from using funds derived from a source other than the 

Legal Services Corporation to comment on public rulemaking or to 

respond to a written request for information or testimony from a 

Federal, State or local agency, legislative body or committee, or a 

member of such an agency, body, or committee, so long as the response is made only to the parties that make the request and the 

recipient does not arrange for the request to be made. 

ø(f)¿ (e) As used in this section: 

(1) The term ‘‘controlled substance’’ has the meaning given 

the term in section 102 of the Controlled Substances Act (21 

U.S.C. 802). 

(2) The term ‘‘covered individual’’ means any person who— 

(A) except as provided in subparagraph (B), meets the 

requirements of this Act and the Legal Services Corporation Act relating to eligibility for legal assistance; and 

(B) may or may not be financially unable to afford 

legal assistance. 

(3) The term ‘‘public housing project’’ has the meaning as 

used within, and the term ‘‘public housing agency’’ has the 

meaning given the term, in section 3 of the United States 

Housing Act of 1937 (42 U.S.C. 1437a). 
125 

BUDGETARY IMPACT OF BILL 

PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 

308(a), PUBLIC LAW 93–344, AS AMENDED 

[In millions of dollars] 

Budget authority Outlays 

Committee 

allocation 

Amount 

in bill 

Committee 

allocation 

Amount 

in bill 

Comparison of amounts in the bill with Committee allocations 

to its subcommittees of amounts in the budget resolution 

for 2012: Subcommittee on Commerce, Justice, Science, and 

Related Agencies: 

Mandatory ............................................................................ 272 272 284 1 284 

Discretionary ........................................................................ 52,701 52,830 63,570 1 63,517 

Security ....................................................................... 84 78 NA NA 

Nonsecurity ................................................................. 52,617 52,752 NA NA 

Projections of outlays associated with the recommendation: 

2012 ..................................................................................... .................... .................... .................... 2 37,893 

2013 ..................................................................................... .................... .................... .................... 14,311 

2014 ..................................................................................... .................... .................... .................... 3,485 

2015 ..................................................................................... .................... .................... .................... 1,900 

2016 and future years ........................................................ .................... .................... .................... 2,243 

Financial assistance to State and local governments for 

2012 ......................................................................................... NA ¥3,593 NA 11 

1 Includes outlays from prior-year budget authority. 

2 Excludes outlays from prior-year budget authority. 

NA: Not applicable. 

Consistent with the funding recommended in the bill for disaster funding and in accordance with section 251(b)(2)(D) of the BBEDCA and section 106 of the Deficit Control Act of 2011, the Committee anticipates that the Budget Committee will file a revised section 302(a) allocation for the Committee on Appropriations reflecting an upward adjustment of $135,000,000 in budget authority plus associated outlays. 
126 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2011 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2012 

[In thousands of dollars] 

Item 2011 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation 

compared with (∂ or ¥) 

2011 

appropriation Budget estimate 

TITLE I—DEPARTMENT OF COMMERCE 

International Trade Administration 

Operations and administration ............................................................................................................................................ 450,106 526,091 441,104 ¥9,002 ¥84,987 Offsetting fee collections ..................................................................................................................................................... ¥9,439 ¥9,439 ¥9,439 .......................... ..........................

Direct appropriation ................................................................................................................................................ 440,667 516,652 431,665 ¥9,002 ¥84,987 

Bureau of Industry and Security 

Operations and administration ............................................................................................................................................ 68,862 79,845 66,859 ¥2,003 ¥12,986 

Defense function ......................................................................................................................................................... 31,279 31,342 31,279 .......................... ¥63 

Total, Bureau of Industry and Security .................................................................................................................. 100,141 111,187 98,138 ¥2,003 ¥13,049 

Economic Development Administration 

Economic development assistance programs ...................................................................................................................... 245,508 284,300 220,000 ¥25,508 ¥64,300 

(Disaster relief category) ............................................................................................................................................. .......................... .......................... 135,000 ∂135,000 ∂135,000 

Total, Economic Development Assistance Programs .............................................................................................. 245,508 284,300 355,000 ∂109,492 ∂70,700 

Salaries and expenses ......................................................................................................................................................... 37,924 40,631 37,166 ¥758 ¥3,465 

Total, Economic Development Administration ........................................................................................................ 283,432 324,931 392,166 ∂108,734 ∂67,235 

Minority Business Development Agency 

Minority business development ............................................................................................................................................ 30,339 32,322 29,732 ¥607 ¥2,590 

Economic and Statistical Analysis 

Salaries and expenses ......................................................................................................................................................... 97,060 112,937 95,119 ¥1,941 ¥17,818 
127 

Bureau of the Census 

Salaries and expenses ......................................................................................................................................................... 258,506 272,054 253,336 ¥5,170 ¥18,718 Periodic censuses and programs ......................................................................................................................................... 891,214 752,711 690,000 ¥201,214 ¥62,711 

Total, Bureau of the Census .................................................................................................................................. 1,149,720 1,024,765 943,336 ¥206,384 ¥81,429 

National Telecommunications and Information Administration 

Salaries and expenses ......................................................................................................................................................... 40,568 55,827 45,568 ∂5,000 ¥10,259 Public telecommunications facilities, planning and construction ...................................................................................... 1,000 .......................... .......................... ¥1,000 ..........................

Total, National Telecommunications and Information Administration ................................................................... 41,568 55,827 45,568 ∂4,000 ¥10,259 

Patent and Trademark Office 

Salaries and expenses, current year fee funding ................................................................................................................ 2,090,000 2,678,000 2,678,000 ∂588,000 ..........................Offsetting fee collections ..................................................................................................................................................... ¥2,090,000 ¥2,678,000 ¥2,678,000 ¥588,000 ..........................

Total, Patent and Trademark Office ....................................................................................................................... .......................... .......................... .......................... .......................... ..........................

National Institute of Standards and Technology 

Scientific and technical research and services .................................................................................................................. 506,984 678,943 500,000 ¥6,984 ¥178,943 

(Transfer out) .............................................................................................................................................................. (¥9,000 ) (¥9,000 ) (¥9,000 ) .......................... ..........................

Industrial technology services .............................................................................................................................................. 173,253 237,622 120,000 ¥53,253 ¥117,622 

Manufacturing Extension Partnerships ....................................................................................................................... (128,443 ) (142,616 ) (120,000 ) (¥8,443 ) (¥22,616 ) Technology Innovation Program .................................................................................................................................. (44,810 ) (74,973 ) .......................... (¥44,810 ) (¥74,973 ) Baldrige Performance Excellence Program ................................................................................................................. .......................... (7,727 ) .......................... .......................... (¥7,727 ) Advanced manufacturing technology consortia .......................................................................................................... .......................... (12,306 ) .......................... .......................... (¥12,306 ) 

Construction of research facilities ....................................................................................................................................... 69,860 84,565 60,000 ¥9,860 ¥24,565 Working capital fund (by transfer) ...................................................................................................................................... (9,000 ) (9,000 ) (9,000 ) .......................... ..........................

Total, National Institute of Standards and Technology ......................................................................................... 750,097 1,001,130 680,000 ¥70,097 ¥321,130 

National Oceanic and Atmospheric Administration 

Operations, research, and facilities ..................................................................................................................................... 3,179,511 3,377,607 3,134,327 ¥45,184 ¥243,280 

(by transfer) ................................................................................................................................................................ (68,000 ) (66,200 ) (109,098 ) (∂41,098 ) (∂42,898 ) Promote and Develop Fund (transfer out) .................................................................................................................. (¥68,000 ) (¥66,200 ) (¥109,098 ) (¥41,098 ) (¥42,898 ) Coastal zone management transfer ............................................................................................................................ 3,000 .......................... .......................... ¥3,000 ..........................

Subtotal ................................................................................................................................................................... 3,182,511 3,377,607 3,134,327 ¥48,184 ¥243,280 
128 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2011 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2012—Continued 

[In thousands of dollars] 

Item 2011 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation 

compared with (∂ or ¥) 

2011 

appropriation Budget estimate 

Procurement, acquisition and construction ......................................................................................................................... 1,332,682 2,052,777 1,833,594 ∂500,912 ¥219,183 Pacific coastal salmon recovery .......................................................................................................................................... 79,840 65,000 65,000 ¥14,840 ..........................Fishermen’s contingency fund ............................................................................................................................................. .......................... 350 350 ∂350 ..........................Coastal zone management fund .......................................................................................................................................... ¥1,000 .......................... .......................... ∂1,000 ..........................Fisheries finance program account ..................................................................................................................................... ¥6,000 ¥10,000 ¥11,000 ¥5,000 ¥1,000 Fisheries Enforcement Asset Forfeiture Fund ...................................................................................................................... .......................... 8,000 8,000 ∂8,000 ..........................

Offsetting receipts ....................................................................................................................................................... .......................... ¥8,000 ¥8,000 ¥8,000 ..........................

Sanctuaries Enforcement Asset Forfeiture Fund .................................................................................................................. .......................... 1,000 1,000 ∂1,000 ..........................

Offsetting receipts ....................................................................................................................................................... .......................... ¥1,000 ¥1,000 ¥1,000 ..........................

Total, National Oceanic and Atmospheric Administration ..................................................................................... 4,588,033 5,485,734 5,022,271 ∂434,238 ¥463,463 

Departmental Management 

Salaries and expenses ......................................................................................................................................................... 57,884 64,871 56,726 ¥1,158 ¥8,145 Herbert C. Hoover Building, renovation and modernization ................................................................................................ 14,970 16,150 5,000 ¥9,970 ¥11,150 Office of Inspector General .................................................................................................................................................. 26,946 33,520 26,946 .......................... ¥6,574 Enterprise cybersecurity monitoring and operations ........................................................................................................... .......................... 22,612 .......................... .......................... ¥22,612 

Total, Departmental Management .......................................................................................................................... 99,800 137,153 88,672 ¥11,128 ¥48,481 Total, title I, Department of Commerce ................................................................................................................. 7,580,857 8,802,638 7,826,667 ∂245,810 ¥975,971 

Appropriations ................................................................................................................................................ (7,580,857 ) (8,802,638 ) (7,691,667 ) (∂110,810 ) (¥1,110,971 ) Disaster relief category .................................................................................................................................. .......................... .......................... (135,000 ) (∂135,000 ) (∂135,000 ) 

(by transfer) ............................................................................................................................................................ (77,000 ) (75,200 ) (118,098 ) (∂41,098 ) (∂42,898 ) (transfer out) .......................................................................................................................................................... (¥77,000 ) (¥75,200 ) (¥118,098 ) (¥41,098 ) (¥42,898 ) 

TITLE II—DEPARTMENT OF JUSTICE 

General Administration 

Salaries and expenses ......................................................................................................................................................... 118,251 134,225 115,886 ¥2,365 ¥18,339 
129 

National Drug Intelligence Center ........................................................................................................................................ 33,955 25,000 20,000 ¥13,955 ¥5,000 Justice information sharing technology ............................................................................................................................... 60,164 54,307 47,000 ¥13,164 ¥7,307 Law enforcement wireless communications ........................................................................................................................ 99,800 102,751 87,000 ¥12,800 ¥15,751 

Total, General Administration ................................................................................................................................. 312,170 316,283 269,886 ¥42,284 ¥46,397 

Administrative review and appeals ..................................................................................................................................... 300,084 332,583 294,082 ¥6,002 ¥38,501 

Transfer from immigration examinations fee account ............................................................................................... ¥4,000 ¥4,000 ¥4,000 .......................... ..........................

Direct appropriation ................................................................................................................................................ 296,084 328,583 290,082 ¥6,002 ¥38,501 

Detention trustee .................................................................................................................................................................. 1,515,626 1,595,360 1,563,453 ∂47,827 ¥31,907 Office of Inspector General .................................................................................................................................................. 84,199 85,057 84,199 .......................... ¥858 

United States Parole Commission 

Salaries and expenses ......................................................................................................................................................... 12,833 13,213 12,577 ¥256 ¥636 

Legal Activities 

Salaries and expenses, general legal activities .................................................................................................................. 863,367 955,391 846,099 ¥17,268 ¥109,292 Vaccine injury compensation trust fund .............................................................................................................................. 7,833 7,833 7,833 .......................... ..........................Salaries and expenses, Antitrust Division ........................................................................................................................... 162,844 166,221 159,587 ¥3,257 ¥6,634 

Offsetting fee collections—current year .................................................................................................................... ¥96,000 ¥108,000 ¥108,000 ¥12,000 ..........................

Direct appropriation ................................................................................................................................................ 66,844 58,221 51,587 ¥15,257 ¥6,634 

Salaries and expenses, United States Attorneys ................................................................................................................. 1,930,135 1,995,149 1,891,532 ¥38,603 ¥103,617 United States Trustee System Fund ..................................................................................................................................... 218,811 234,115 234,115 ∂15,304 ..........................

Offsetting fee collections ............................................................................................................................................ ¥214,250 ¥234,115 ¥234,115 ¥19,865 ..........................

Direct appropriation ................................................................................................................................................ 4,561 .......................... .......................... ¥4,561 ..........................

Salaries and expenses, Foreign Claims Settlement Commission ........................................................................................ 2,113 2,124 2,071 ¥42 ¥53 Fees and expenses of witnesses .......................................................................................................................................... 270,000 270,000 270,000 .......................... ..........................Salaries and expenses, Community Relations Service ........................................................................................................ 11,456 12,967 11,227 ¥229 ¥1,740 Assets forfeiture fund .......................................................................................................................................................... 20,948 20,990 20,990 ∂42 ..........................

Total, Legal Activities ............................................................................................................................................. 3,177,257 3,322,675 3,101,339 ¥75,918 ¥221,336 

United States Marshals Service 

Salaries and expenses ......................................................................................................................................................... 1,123,511 1,243,570 1,101,041 ¥22,470 ¥142,529 
130 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2011 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2012—Continued 

[In thousands of dollars] 

Item 2011 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation 

compared with (∂ or ¥) 

2011 

appropriation Budget estimate 

Construction ......................................................................................................................................................................... 16,592 15,625 12,000 ¥4,592 ¥3,625 

Total, United States Marshals Service ................................................................................................................... 1,140,103 1,259,195 1,113,041 ¥27,062 ¥146,154 

National Security Division 

Salaries and expenses ......................................................................................................................................................... 87,762 87,882 86,007 ¥1,755 ¥1,875 

Interagency Law Enforcement 

Interagency crime and drug enforcement ............................................................................................................................ 527,512 540,966 516,962 ¥10,550 ¥24,004 

Federal Bureau of Investigation 

Salaries and expenses ......................................................................................................................................................... 3,385,216 3,358,000 3,270,000 ¥115,216 ¥88,000 

Overseas contingency operations (emergency) ........................................................................................................... 101,066 .......................... .......................... ¥101,066 ..........................Counterintelligence and national security .................................................................................................................. 4,332,873 4,636,991 4,515,000 ∂182,127 ¥121,991 

Subtotal ................................................................................................................................................................... 7,819,155 7,994,991 7,785,000 ¥34,155 ¥209,991 

Construction ......................................................................................................................................................................... 107,095 80,982 75,000 ¥32,095 ¥5,982 

Total, Federal Bureau of Investigation ................................................................................................................... 7,926,250 8,075,973 7,860,000 ¥66,250 ¥215,973 

Drug Enforcement Administration 

Salaries and expenses ......................................................................................................................................................... 2,267,433 2,354,114 2,222,084 ¥45,349 ¥132,030 

Diversion control fund ................................................................................................................................................. ¥251,790 ¥322,000 ¥322,000 ¥70,210 ..........................

Subtotal ................................................................................................................................................................... 2,015,643 2,032,114 1,900,084 ¥115,559 ¥132,030 

Construction ......................................................................................................................................................................... .......................... 10,000 10,000 ∂10,000 ..........................

Total, Drug Enforcement Administration ................................................................................................................ 2,015,643 2,042,114 1,910,084 ¥105,559 ¥132,030 
131 

Bureau of Alcohol, Tobacco, Firearms and Explosives 

Salaries and expenses ......................................................................................................................................................... 1,112,542 1,147,295 1,090,292 ¥22,250 ¥57,003 

Federal Prison System 

Salaries and expenses ......................................................................................................................................................... 6,282,410 6,724,266 6,589,781 ∂307,371 ¥134,485 Buildings and facilities ........................................................................................................................................................ 98,957 99,394 90,000 ¥8,957 ¥9,394 Limitation on administrative expenses, Federal Prison Industries, Incorporated ............................................................... 2,700 2,700 2,700 .......................... ..........................

Total, Federal Prison System .................................................................................................................................. 6,384,067 6,826,360 6,682,481 ∂298,414 ¥143,879 

State and Local Law Enforcement Activities 

Office on Violence Against Women: 

Prevention and prosecution programs ........................................................................................................................ 417,663 431,750 417,663 .......................... ¥14,087 Salaries and expenses ................................................................................................................................................ .......................... .......................... 20,580 ∂20,580 ∂20,580 

(By transfer) ....................................................................................................................................................... .......................... (23,148 ) .......................... .......................... (¥23,148 ) 

Subtotal .......................................................................................................................................................... 417,663 454,898 438,243 ∂20,580 ¥16,655 

Office of Justice Programs: 

Research, evaluation and statistics ........................................................................................................................... 234,530 178,500 121,000 ¥113,530 ¥57,500 State and local law enforcement assistance ............................................................................................................. 1,117,845 1,173,500 1,063,498 ¥54,347 ¥110,002 Juvenile justice programs ........................................................................................................................................... 275,423 280,000 251,000 ¥24,423 ¥29,000 Salaries and expenses ................................................................................................................................................ .......................... 271,833 118,572 ∂118,572 ¥153,261 

(transfer out) ...................................................................................................................................................... .......................... (¥63,478 ) .......................... .......................... (∂63,478 ) 

Subtotal .......................................................................................................................................................... .......................... 208,355 118,572 ∂118,572 ¥89,783 

Public safety officer benefits: 

Death benefits .................................................................................................................................................... 61,000 62,000 62,000 ∂1,000 ..........................Disability and education benefits ...................................................................................................................... 9,082 16,300 16,300 ∂7,218 ..........................

Subtotal .......................................................................................................................................................... 70,082 78,300 78,300 ∂8,218 ..........................Total, Office of Justice Programs .................................................................................................................. 1,697,880 1,918,655 1,632,370 ¥65,510 ¥286,285 

Community Oriented Policing Services: 

COPS Programs ........................................................................................................................................................... 494,933 669,500 231,500 ¥263,433 ¥438,000 Salaries and expenses ................................................................................................................................................ .......................... .......................... 24,500 ∂24,500 ∂24,500 

(By transfer) ....................................................................................................................................................... .......................... (40,330 ) .......................... .......................... (¥40,330 ) 

Total, COPS .................................................................................................................................................... 494,933 709,830 256,000 ¥238,933 ¥453,830 
132 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2011 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2012—Continued 

[In thousands of dollars] 

Item 2011 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation 

compared with (∂ or ¥) 

2011 

appropriation Budget estimate 

OJP, OVW, COPS Salaries and expenses .............................................................................................................................. 186,626 .......................... .......................... ¥186,626 ..........................

Total, State and Local Law Enforcement Activities ............................................................................................... 2,797,102 3,083,383 2,326,613 ¥470,489 ¥756,770 Total, title II, Department of Justice ...................................................................................................................... 27,389,150 28,724,339 26,907,016 ¥482,134 ¥1,817,323 

Appropriations ................................................................................................................................................ (27,288,084 ) (28,724,339 ) (26,907,016 ) (¥381,068 ) (¥1,817,323 ) Emergency appropriations ............................................................................................................................. (101,066 ) .......................... .......................... (¥101,066 ) ..........................

(by transfer) ............................................................................................................................................................ .......................... 63,478 .......................... .......................... ¥63,478 (transfer out) .......................................................................................................................................................... .......................... ¥63,478 .......................... .......................... ∂63,478 

TITLE III—SCIENCE 

Office of Science and Technology Policy ............................................................................................................................. 6,647 6,650 6,000 ¥647 ¥650 

National Aeronautics and Space Administration 

Science ................................................................................................................................................................................. 4,935,409 5,016,800 5,100,000 ∂164,591 ∂83,200 Aeronautics ........................................................................................................................................................................... 533,930 569,400 501,000 ¥32,930 ¥68,400 Space technology .................................................................................................................................................................. .......................... 1,024,200 637,000 ∂637,000 ¥387,200 Exploration ............................................................................................................................................................................ 3,800,683 3,948,700 3,775,000 ¥25,683 ¥173,700 Space operations .................................................................................................................................................................. 5,497,483 4,346,900 4,285,000 ¥1,212,483 ¥61,900 Education .............................................................................................................................................................................. 145,508 138,400 138,400 ¥7,108 ..........................Cross-agency support ........................................................................................................................................................... 3,105,177 3,192,000 3,043,073 ¥62,104 ¥148,927 Construction and environmental compliance and restoration ............................................................................................ 393,511 450,400 422,000 ∂28,489 ¥28,400 Office of Inspector General .................................................................................................................................................. 36,327 37,500 37,300 ∂973 ¥200 

Total, National Aeronautics and Space Administration ......................................................................................... 18,448,028 18,724,300 17,938,773 ¥509,255 ¥785,527 

National Science Foundation 

Research and related activities ........................................................................................................................................... 5,496,011 6,185,540 5,375,000 ¥121,011 ¥810,540 

Defense function ......................................................................................................................................................... 67,864 68,000 68,000 ∂136 ..........................
133 

Subtotal ................................................................................................................................................................... 5,563,875 6,253,540 5,443,000 ¥120,875 ¥810,540 

Major research equipment and facilities construction ........................................................................................................ 117,055 224,680 117,055 .......................... ¥107,625 Education and human resources ......................................................................................................................................... 861,034 911,200 829,000 ¥32,034 ¥82,200 Agency operations and award management ....................................................................................................................... 299,400 357,740 290,400 ¥9,000 ¥67,340 Office of the National Science Board .................................................................................................................................. 4,531 4,840 4,440 ¥91 ¥400 Office of Inspector General .................................................................................................................................................. 13,972 15,000 14,200 ∂228 ¥800 

Total, National Science Foundation ........................................................................................................................ 6,859,867 7,767,000 6,698,095 ¥161,772 ¥1,068,905 Total, title III, Science ............................................................................................................................................ 25,314,542 26,497,950 24,642,868 ¥671,674 ¥1,855,082 

TITLE IV—RELATED AGENCIES 

Commission on Civil Rights 

Salaries and expenses ......................................................................................................................................................... 9,381 9,429 9,193 ¥188 ¥236 

Equal Employment Opportunity Commission 

Salaries and expenses ......................................................................................................................................................... 366,568 385,520 329,837 ¥36,731 ¥55,683 State and Local Assistance ................................................................................................................................................. .......................... .......................... 29,400 ∂29,400 ∂29,400 

Total, Equal Employment Opportunity Commission ............................................................................................... 366,568 385,520 359,237 ¥7,331 ¥26,283 

International Trade Commission 

Salaries and expenses ......................................................................................................................................................... 81,696 87,000 80,062 ¥1,634 ¥6,938 

Payment to the Legal Services Corporation 

Salaries and expenses ......................................................................................................................................................... 404,190 450,000 396,106 ¥8,084 ¥53,894 

Marine Mammal Commission 

Salaries and expenses ......................................................................................................................................................... 3,243 3,025 3,025 ¥218 ..........................

Office of the U.S. Trade Representative 

Salaries and expenses ......................................................................................................................................................... 47,730 51,251 46,775 ¥955 ¥4,476 

State Justice Institute 

Salaries and expenses ......................................................................................................................................................... 5,121 5,131 5,019 ¥102 ¥112 
134 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2011 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL 

FOR FISCAL YEAR 2012—Continued 

[In thousands of dollars] 

Item 2011 appropriation Budget estimate Committee recommendation 

Senate Committee recommendation 

compared with (∂ or ¥) 

2011 

appropriation Budget estimate 

Commission On Wartime Relocation and Internment of Latin Americans of Japanese Descent 

Salaries and expenses ......................................................................................................................................................... .......................... .......................... 1,700 ∂1,700 ∂1,700 

Total, title IV, Related Agencies ............................................................................................................................. 917,929 991,356 901,117 ¥16,812 ¥90,239 

TITLE V—RESCISSIONS 

Emergency steel, oil gas guarantees prgm (rescission) ..................................................................................................... ¥48,000 ¥43,064 .......................... ∂48,000 ∂43,064 NTIA, Information Infrastructure grants (rescission) ........................................................................................................... .......................... ¥2,000 ¥2,000 ¥2,000 ..........................NTIA, Public telecommunications facilities, planning and construction ............................................................................. .......................... .......................... .......................... .......................... ..........................NTIA, Spectrum fund (rescission) ........................................................................................................................................ ¥4,800 .......................... .......................... ∂4,800 ..........................Bureau of the Census (rescission) ...................................................................................................................................... ¥1,740,000 .......................... .......................... ∂1,740,000 ..........................Census, Working capital fund (rescission) .......................................................................................................................... ¥50,000 .......................... .......................... ∂50,000 ..........................Foreign fishing observer fund (rescission) .......................................................................................................................... .......................... ¥350 ¥350 ¥350 ..........................Digital TV Transition Public Safety Fund (rescission) ......................................................................................................... .......................... ¥4,300 ¥4,300 ¥4,300 ..........................DOJ, Working capital fund (rescission) ................................................................................................................................ ¥26,000 ¥40,000 ¥40,000 ¥14,000 ..........................DOJ, Assets forfeiture fund (rescission) .............................................................................................................................. ¥495,000 ¥620,000 ¥620,000 ¥125,000 ..........................U.S. Marshals Service, salaries and expenses (rescission) ................................................................................................ .......................... ¥7,200 ¥7,200 ¥7,200 ..........................FBI, Construction (rescission) .............................................................................................................................................. .......................... .......................... .......................... .......................... ..........................DEA, Salaries and expenses (rescission) ............................................................................................................................. .......................... ¥30,000 ¥30,000 ¥30,000 ..........................FPS, Buildings and facilities (rescission) ............................................................................................................................ .......................... ¥35,000 ¥35,000 ¥35,000 ..........................Office of Justice programs (rescission) ............................................................................................................................... ¥42,000 ¥42,600 ¥42,600 ¥600 ..........................Community oriented policing services (rescission) ............................................................................................................. ¥10,200 ¥10,200 ¥10,200 .......................... ..........................Violence against women prevention and prosecution programs (rescission) ..................................................................... .......................... ¥5,000 ¥5,000 ¥5,000 ..........................NASA (rescission) ................................................................................................................................................................. .......................... .......................... .......................... .......................... ..........................

Total, title V, Rescissions ....................................................................................................................................... ¥2,416,000 ¥839,714 ¥796,650 ∂1,619,350 ∂43,064 Grand total .............................................................................................................................................................. 58,786,478 64,176,569 59,481,018 ∂694,540 ¥4,695,551 

Appropriations ................................................................................................................................................ (61,101,412 ) (65,016,283 ) (60,142,668 ) (¥958,744 ) (¥4,873,615 ) 
135 

Disaster relief category .................................................................................................................................. .......................... .......................... (135,000 ) (∂135,000 ) (∂135,000 ) Emergency appropriations ............................................................................................................................. (101,066 ) .......................... .......................... (¥101,066 ) ..........................Rescissions .................................................................................................................................................... (¥2,416,000 ) (¥839,714 ) (¥796,650 ) (∂1,619,350 ) (∂43,064 ) 

(by transfer) ............................................................................................................................................................ (77,000 ) (138,678 ) (118,098 ) (∂41,098 ) (¥20,580 ) (transfer out) .......................................................................................................................................................... (¥77,000 ) (¥138,678 ) (¥118,098 ) (¥41,098 ) (∂20,580 ) 

Æ