67–429 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–169 

COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS BILL, 2012 

JULY 20, 2011.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. WOLF, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 2596] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for 

Commerce, Justice, Science, and related agencies for the fiscal year 

ending September 30, 2012, and for other purposes. 

INDEX TO BILL AND REPORT 

Page Number 

Bill Report 

Title I—Department of Commerce ............................................................ 2 8 

Title II—Department of Justice ................................................................ 30 45 

Title III—Science ........................................................................................ 66 67 

Office of Science and Technology Policy ............................................ 66 67 

National Aeronautics and Space Administration ............................. 67 68 

National Science Foundation ............................................................. 75 81 

Title IV—Related Agencies ........................................................................ 79 87 

Commission on Civil Rights ............................................................... 79 87 

Equal Employment Opportunity Commission .................................. 79 87 

International Trade Commission ....................................................... 80 87 

Legal Services Corporation ................................................................ 80 88 

Marine Mammal Commission ............................................................ 82 89 

Office of the United States Trade Representative ........................... 82 89 

State Justice Institute ........................................................................ 82 89 

Title V—General Provisions ...................................................................... 83 90 


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BILL TOTALS

The Committee recommends a total of $50,557,000,000 for the 

departments and agencies funded in this bill for fiscal year 2012, 

including $50,229,000,000 in discretionary budget authority. This 

level of discretionary budget authority is $7,441,684,000, or 13 percent, below the budget request; $3,098,000,000, or 6 percent, below 

the amount available to the departments and agencies funded in 

this bill for fiscal year 2011; and $1,574,000,000, or 3 percent below 

the pre-Stimulus funding levels appropriated in fiscal year 2008. 

The funding allocation for the fiscal year 2012 bill reflects the 

critical need to rein in government expenditures in the face of 

record-high deficits. Spending reductions are an essential component of putting the Nation on the path of economic recovery, job 

creation and financial security. According to the Congressional 

Budget Office, the national public debt is now set to eclipse the 

Gross Domestic Product within the next decade. Reductions in discretionary spending such as those included in the Committee recommendation are one part of the overall effort that will be required 

to avoid economic crisis. The Committee has proposed an unprecedented number of program terminations, reductions and other savings for fiscal year 2012. The Committee recommendation includes 

more than $1,400,000,000 in program terminations. Combined with 

other reductions in the bill these terminations will result in a net 

total of $7,441,684,000 in savings compared to the amounts requested in the President’s budget, and a net total of $3,098,000,000 

in savings compared with fiscal year 2011. 

OVERSIGHT AND BUDGET REVIEW

During its review of the fiscal year 2012 budget request and execution of appropriations for fiscal year 2011, the Subcommittee on 

Commerce, Justice, Science, and Related Agencies held 20 budget 

and oversight hearings. In addition to receiving testimony from Administration officials representing the departments and agencies 

funded in this bill, the Committee received testimony from expert 

witnesses, Members of Congress and 41 public witnesses. The Committee hearings are listed below: 


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Hearing Hearing 

Date 

Department of Justice Inspector General ............................................. 2/9/2011 

Department of Commerce Inspector General ....................................... 2/9/2011 

National Aeronautics and Space Administration Inspector General 2/10/2011 

National Science Foundation Inspector General ................................. 2/10/2011 

Prisoner Reentry Expert Witnesses ...................................................... 2/11/2011 

Attorney General .................................................................................... 3/1/2011 

Patent and Trademark Office Director ................................................. 3/2/2011 

National Aeronautics and Space Administration Administrator ....... 3/3/2011 

National Science Foundation Director .................................................. 3/10/2011 

Members-Outside Witnesses ................................................................. 3/11/2011 

Bureau of Prisons Director .................................................................... 3/15/2011 

Drug Enforcement Administration Administrator .............................. 3/16/2011 

Secretary of Commerce .......................................................................... 3/17/2011 

Office of Justice Programs Administrator ............................................ 3/29/2011 

National Oceanic and Atmospheric Administration Administrator ... 4/1/2011 

Legal Service Corporation President and Board Member ................... 4/5/2011 

U.S. Trade Representative ..................................................................... 4/5/2011 

Federal Bureau of Investigation Director ............................................. 4/6/2011 

National Institute of Standards and Technology Director .................. 4/7/2011 

Office of Science and Technology Policy Director ................................ 5/4/2011 

As part of the Committee’s oversight and analysis of the annual 

budget request from the Administration, the Committee submitted 

a number of requests for additional information and written questions to be answered by the departments and agencies in support 

of the underlying budget request. These materials are important 

for the Committee in conducting oversight and making funding recommendations. In furtherance of this oversight responsibility, the 

Committee has examined the capability of the major agencies funded in this bill to provide information on the status of balances of 

appropriations, including amounts that are unobligated and uncommitted; committed to contracts, grants or other planned obligations; and obligated but unexpended. The Committee found that 

the agencies cannot, in all cases, provide a comprehensive picture 

of the status of balances. 

Of particular concern, with the exception of the National Aeronautics and Space Administration (NASA), the agencies could not 

report on the age of no-year balances by year of appropriation. As 

a result, it is not possible to tell whether uncommitted or unobligated balances derive from the immediately prior fiscal year or 

from appropriations enacted two, three or more years earlier. The 

source year of carryover is important. If balances have languished 

in agency accounts for multiple fiscal years it is a symptom, at 

best, of administrative inefficiency. Of more concern, it may suggest that the Committee was asked to provide appropriations in excess of the amount required to accomplish program purposes. Given 

the importance of the source year of balances to accurate budget 

execution, the Committee directs agencies to take the necessary administrative actions (including, when necessary, the reconfiguration of internal accounting systems) to capture and routinely report 

this information. 

The Committee also found that agencies within the Departments 

of Commerce and Justice do not consistently use their financial 

management systems to record amounts committed to contracts, 

grants and other planned obligations. Such information is an important indicator of agency budget execution progress. 


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To obtain better information on the status of appropriations balances, the Committee has revised a general provision (section 508) 

carried in previous years. As revised, the general provision requires 

detailed quarterly reports from the Departments of Commerce and 

Justice, NASA, and the National Science Foundation (NSF) on the 

status of funds for unobligated balances, commitments and obligations, including the source year, or obligation year, of balances. The 

Committee expects that agency reports will show the status of balances at the appropriation account level, as well as at budget activity or other lower levels where such levels are reflected in the Committee’s report accompanying an appropriations act. 

MAJOR THEMES AND INITIATIVES

In the context of reducing overall discretionary spending in this 

bill, the Committee’s funding recommendations focus resources on 

the areas of highest priority, reflecting the Committee’s assessment 

of national priorities and ongoing challenges. 

Law enforcement and national security.—Defending national security from both internal and external threats remains the Department of Justice’s highest priority. This bill demonstrates a commitment to providing essential technological and human capital to detect, disrupt and deter threats to our national security. The bill 

provides $8.1 billion for the Federal Bureau of Investigation, the 

full amount requested. Program increases total $131 million, including improvements in surveillance, terrorist screening, and 

Weapons of Mass Destruction response. 

American innovation and competitiveness.—As stated in the Rising Above the Gathering Storm report of the National Research 

Council, healthy levels of investment in scientific research are the 

key to long-term economic growth that exceeds population growth. 

These investments lead to innovation and improve the competitiveness of American businesses, leading, in turn, to positive impacts 

on the quality of life for all Americans. The bill includes $6.9 billion for the National Science Foundation, including an increase of 

$43 million above fiscal year 2011 for basic scientific research, and 

$701 million for research and standards work at the National Institute of Standards and Technology, including $128 million for Manufacturing Extension Partnerships to increase the competitiveness 

of the Nation’s manufacturers. An efficient patent process is also 

critical for innovation and economic growth. The bill provides $2.7 

billion for the Patent and Trademark Office, the full estimate of fee 

collections for fiscal year 2012. Finally, the bill includes over $1 billion for science, technology, engineering and math (STEM) education programs across NSF, NASA, the National Institute of 

Standards and Technology (NIST) and the National Oceanic and 

Atmospheric Administration (NOAA). 

Enhancing trade opportunities while ensuring national security.— 

Also critical to the Nation’s economic growth and security are efforts to increase American exports and enhance trade compliance 

and enforcement. The bill includes increases above fiscal year 2011 

for the International Trade Administration and the Office of the 

U.S. Trade Representative. In addition, the bill includes $100 million for the Bureau of Industry and Security to ensure that sensitive U.S. dual-use goods and technologies are not misused by 


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proliferators, terrorists and others working contrary to our national 

security interests. 

COMMITTEE RECOMMENDATION BY TITLE

Department of Commerce.—In Title I of the bill, for the Department of Commerce, the Committee recommends a total of $7.1 billion in discretionary budget authority, a decrease of $464 million 

below fiscal year 2011, and $1.7 billion below the request. Highlights of the Committee’s recommendation include: 

• $460.1 for the International Trade Administration, an increase of $10 million above fiscal year 2011; 

• $2.7 billion for the Patent and Trademark Office, which is 

equal to the amount of fee collections estimated by the Congressional Budget Office, and an increase of $588 million, or 28 

percent, above fiscal year 2011; 

• $701 million for the National Institute of Standards and 

Technology, including an increase of $10 million above fiscal 

year 2011 for scientific and technical research, and $128.4 million for Manufacturing Extension Partnerships; and 

• $4.5 billion for the National Oceanic and Atmospheric Administration, including an increase of $429.5 million above fiscal year 2011 for the Joint Polar Satellite System to ensure the 

continuity of critical weather forecasting capabilities. 

Department of Justice.—In title II of the bill, for the Department 

of Justice, the Committee recommends a total of $26 billion in discretionary budget authority, a decrease of $1 billion below fiscal 

year 2011 and $2.4 billion below the budget request. Highlights of 

the Committee’s recommendation include: 

• $8.1 billion for the Federal Bureau of Investigation, including $131 million in new national security and criminal enforcement initiatives; 

• $2 billion for the Drug Enforcement Administration, including an enhancement of $31 million for prescription drug 

abuse regulatory and enforcement initiatives; 

• $6.4 billion for the Bureau of Prisons, an increase of $30 

million above fiscal year 2011 to address overcrowded conditions in Federal prisons; and 

• $1.7 billion for State and local law enforcement assistance, 

including $438 million for violence against women prevention 

and prosecution programs. 

Science.—In title III of the bill, the Committee recommends a 

total of $23.7 billion, a decrease of $1.6 billion below fiscal year 

2011 and $2.8 billion below the budget request. Highlights of the 

Committee’s recommendation include: 

• $6.9 billion for the National Science Foundation, including 

an increase of $43 million for basic scientific research; and 

• $16.8 billion for the National Aeronautics and Space Administration, including funding above the request for the recently-authorized space exploration crew vehicle and launch 

system. 

Related agencies.—In title IV of the bill, the Committee recommends a total of $816 million, a decrease of $102 million below 

fiscal year 2011 and $176 million below the budget request. Highlights of the Committee’s recommendation include: 


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• $300 million for the Legal Services Corporation, a decrease 

of $104 million below fiscal year 2011; and 

• $367 million for the Equal Employment Opportunity Commission, which is the same as fiscal year 2011. 

CYBERSECURITY AT FEDERAL AGENCIES

The security of Federal agency computer information systems is 

essential to protecting national and economic security as well as 

public safety. Safeguarding such systems and the information they 

contain has been on the Government Accountability Office’s (GAO) 

list of high-risk areas since 1997. Risks to such systems include escalating and emerging threats from around the globe, which are 

further heightened by steady advances in the sophistication of attack technology and the ease of obtaining and using hacking tools. 

The Committee directs each department and agency funded in 

this bill to submit an annual report to the Committee describing 

the cyber attacks and attempted cyber attacks against such department or agency and their consequences; the steps taken to prevent, 

mitigate or otherwise respond to such attacks; and the cybersecurity policies and procedures in place, including policies about ensuring safe use of computer and mobile devices by individual employees. The report shall include a description of all outreach efforts 

undertaken to increase awareness among employees and contractors of cybersecurity risks. The Committee expects each department and agency to submit the first annual cybersecurity report, 

as described above, by January 15, 2012. 

ELIMINATING WASTE, FRAUD AND ABUSE

Drawing on findings of the offices of inspector general, the GAO, 

and the Committee’s surveys and investigations staff, as well as information elicited through an extensive hearing process, the Committee has taken active steps to address mismanagement, including waste, fraud and abuse, through its oversight and funding of 

agency programs. 

The Committee began its fiscal year 2012 hearing schedule by 

hearing testimony from the Inspectors General of the Department 

of Justice, the Department of Commerce, NASA and NSF. The 

Committee recommendations included in this report make reference to their findings and recommendations, and in some cases 

make further recommendations for the inspectors general to investigate new matters. The Committee appreciates the assistance of 

these offices in eliminating waste, fraud and abuse, and improving 

efficiency of agency operations. 

REPROGRAMMING AND SPENDING PLAN PROCEDURES

Section 505 of the bill contains language concerning the reprogramming of funds between programs and activities. The reprogramming process is based on comity between the Congress and 

the Executive branch. This process is intended to provide departments and agencies sufficient flexibility to meet changing circumstances and emergent requirements not known at the time of 

Congressional review of the budget while preserving Congressional 

priorities and intent. 


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The Committee expects that each department and agency funded 

in this bill shall follow the directions set forth in this bill and the 

accompanying report, and shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall apply to funds provided in this bill, unobligated balances from previous appropriations Acts that are available for obligation or expenditure in fiscal year 2012, and non-appropriated resources such as fee collections that are used to meet program requirements in fiscal year 2012. As specified in section 505, the 

Committee expects that the Appropriations Subcommittees on 

Commerce, Justice, Science and Related Agencies of the House and 

Senate will be notified by letter a minimum of 15 days prior to any 

reprogramming of funds that— 

(1) creates or initiates a new program, project or activity; 

(2) eliminates a program, project or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices, programs or activities; 

(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

(7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 

10 percent funding for any program, project or activity, or 

numbers of personnel by 10 percent; or 

(8) results from any general savings, including savings from 

a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress. 

Any reprogramming request shall include any out-year budgetary 

impacts and a separate accounting of program or mission impacts 

on estimated carryover funds. The Committee further expects any 

department or agency funded in this bill which plans a reductionin-force to notify by letter the Committee 30 days in advance of the 

date of any such planned personnel action. 

RELATIONSHIP WITH BUDGET AND COMPTROLLER’S OFFICES

Through the years the Appropriations Committee has channeled 

most of its inquiries and requests for information and assistance 

through the budget offices or comptroller organizations of the various departments, agencies and commissions. Such relationships 

are necessary to the accomplishment of the work of the Committee. 

While the Committee reserves the right to call upon all organizations in the departments, agencies and commissions for information 

and assistance, the primary contact between the Committee and 

these entities must be through the budget offices and comptroller 

organizations, or through a legislative affairs unit designated by 

the Committee to work on appropriations and budget matters. 

The workload generated in the budget process is large and growing, and therefore, a positive, responsive relationship between the 

Committee and the budget and/or comptroller offices is essential for 

the Committee to fulfill the Constitutional appropriations responsibilities of the Congress. 


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REPORT ON CERTAIN PRODUCTS

The Committee directs the Departments of Commerce and Justice, NASA and NSF to provide a report listing manufactured products, and their cost, that are purchased on a regular basis by or 

on behalf of such departments and agencies that are not currently 

manufactured in the United States. An interim report is required 

no later than 180 days after enactment of this Act, with a final report due no later than February 1, 2012. The final report shall also 

be provided to the President’s Manufacturing Council and to the 

Director of the National Institute of Standards and Technology’s 

Manufacturing Extension Partnership program. 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommends $460,106,000 in total resources for 

the programs of the International Trade Administration (ITA), 

which is $10,000,000 above fiscal year 2011 and $65,985,000 below 

the request. This amount is offset by $9,439,000 in estimated fee 

collections, resulting in a direct appropriation of $450,667,000. 

National Export Initiative.—The Committee expects that increased resources provided above the fiscal year 2011 level will 

support components of the National Export Initiative (NEI) request 

for fiscal year 2012. The recommendation includes funding in support of the NEI aimed at enhancing the competitiveness of U.S. 

companies and creating jobs in the U.S. by increasing U.S. exports. 

The Committee directs the Department to continue efforts to expand U.S. exports, including through the NEI, and encourages ITA 

to ensure that it is providing adequate support and services for 

women-, minority- and veteran-owned firms that are seeking assistance in gaining access to foreign markets for their products and 

services. The Committee recognizes that these firms possess tremendous economic potential if they participate more actively and 

effectively in export markets. As such, the Committee urges ITA to 

conduct outreach and promotional activities to such firms to enable 

them to assist in our trade goals of creating jobs and increasing exports. 

Manufacturing and Services.—The Committee recommends 

$48,854,000 for manufacturing and services activities. 

Market Access and Compliance.—The Committee recommends 

$42,623,000 for market access and compliance activities. 

Import Administration (IA).—The Committee recommends 

$67,358,000 for import administration. 

China Anti-dumping and Countervailing Duty Activities.—The 

Committee designates funding of no less than $7,000,000 for the 

Office of China Compliance, and no less than $4,400,000 for the 

China Countervailing Duty Group within IA. According to May 

2011 Government Accountability Office (GAO) testimony on antidumping and countervailing duties, recent data indicate that uncollected duties from fiscal year 2001 to 2010 have grown to over $1 

billion, with five products from China accounting for 84 percent of 


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uncollected duties. ITA is directed to continue cooperative efforts 

with its U.S. government partners to resolve issues surrounding 

the collection of these duties and report to the Committee by November 2, 2011, on progress made in deploying a system for tracking Commerce’s liquidation instructions to the U.S. Customs and 

Border Protection. 

Commercial Law Development Program.—The recommendation 

does not include requested funding and bill language related to the 

Commercial Law Development Program (CLDP). The goal of the 

CLDP program is to assist developing countries in the creation of 

transparent legal systems and fair regulations to enable them to 

comply with international trade obligations. As CLDP is a foreign 

assistance program, it falls under the jurisdiction of the State, Foreign Operations, and Related Programs Subcommittee. Requests 

for additional foreign assistance funding are more appropriately 

made through the Department of State to that subcommittee. 

Trade Promotion and the U.S. & Foreign Commercial Service.— The Committee recommends $264,910,000 for trade promotion and 

the U.S. & Foreign Commercial Service. This increase of 

$10,000,000 above fiscal year 2011 shall be for NEI programs. 

Vacant overseas positions.—ITA is requesting $24,606,000, an in- crease of $320,000, to pay its International Cooperative Administrative Support Services (ICASS) bill in fiscal year 2012. These 

funds are reimbursed to the State Department for its costs associated with providing space and administrative services for ITA employees deployed to embassies overseas. However, a 2010 GAO report found that ITA continued to pay fees associated with positions 

it maintained in U.S. embassies that were vacant but not officially 

eliminated. The Committee directs ITA to submit a report by November 7, 2011, on efforts to address this concern, to include a report on the number and location of overseas vacant positions and 

efforts to either fill or officially remove these positions. The Committee expects that this report will also include an update on ITA’s 

efforts to review its current embassy postings, with the goal of 

shifting personnel to emerging markets from more mature markets 

where U.S. firms have established export routes. 

Travel expenditures.—The Committee expects the Department to 

submit quarterly reports regarding the ITA’s travel expenditures, 

including separate breakouts of funding, the number of trips, and 

the purposes of travel to China. 

Offsetting fee collections.—The Committee is aware that trade 

missions have increased, yet fee collections from participating businesses have been relatively static over the last several years. As a 

result, ITA has undertaken a review of the user fees it assesses 

against domestic firms which participate in overseas foreign trade 

missions with the ITA. The Committee understands that this review, which was prompted by a 2009 GAO report, Commerce Needs 

Better Information to Evaluate Its Fee-Based Programs and Customers, is to be completed by mid-summer 2011. ITA is directed to 

report to the Committee by September 12, 2011, on the results of 

this study and make recommendations for adjusting the offsetting 

fee collections in subsequent budget requests. 

Human rights training.—The Committee understands that ITA 

provides some human rights training to its foreign commercial 

service officers and foreign national employees, training about 600 


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commercial service staff in 2010, representing 50 countries at 26 

worldwide training events. The Committee further understands 

that ITA is requiring all commercial service staff who interact with 

clients but have not attended instructor-led classes to take an online training module during fiscal year 2011. The Committee appreciates the efforts of ITA to ensure that its employees have completed this important training. The Committee directs ITA to submit a report by October 3, 2011, describing the training offered, the 

number and location of employees trained, and examples of the application of this training during daily activities of ITA employees. 

This report should also include the dates by which ITA intends to 

certify that all of its customer-facing foreign commercial service 

employees and foreign national employees will have participated in 

this training. The agency shall consult with the Committee prior to 

beginning this effort. 

Review of foreign trade best practices.—The Committee directs 

ITA, in collaboration with the U.S. Trade Representative and the 

International Trade Commission, to provide a report on the resources and support that foreign governments provide to their domestic companies seeking to export their products and services to 

foreign markets. This report should include a description of these 

services and a guide of best practices as a result of reviewing these 

foreign promotion programs. The Secretary of Commerce shall submit this report to the Committee by December 1, 2011, and incorporate findings, as appropriate, in the fiscal year 2013 budget requests for Commerce and ITA. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

The Committee recommends $100,141,000 for the Bureau of Industry and Security (BIS), which is the same as fiscal year 2011 

and $11,046,000 below the request. 

Export controls.—According to a February 2011 GAO report, Export Controls, Improvements Needed to Prevent Unauthorized Technology Releases to Foreign Nationals in the United States, foreign 

business people, scientists, engineers, and others have gained unauthorized access in the United States to controlled dual-use technologies. However, the GAO found that Commerce’s screening of 

overseas visa applications for potential unlicensed deemed exports 

dropped from 54,000 in fiscal year 2001 to just 150 in fiscal year 

2009. In addition, GAO found that in fiscal years 2004 to 2009, 

while the United States issued over one million specialty occupation visas in high-technology fields to foreign nationals from 13 

countries of concern to work in the United States, Commerce 

issued deemed export licenses authorizing transfers of technology 

to only about 3,200 foreign nationals from these countries. The 

Committee directs the Secretary of Commerce, in consultation with 

the Attorney General and the Secretary of Homeland Security, to 

provide a report to the Committee by October 3, 2011, regarding 

its efforts to implement the recommendations in the February 2011 

GAO Report. 

Export Enforcement.—The Export Enforcement program detects 

and prevents the illegal export of controlled goods and technology. 

By November 1, 2011, BIS shall provide the Committee with an upVerDate Mar 15 2010 08:02 Jul 21, 2011 Jkt 067429 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR169.XXX HR169

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date on its participation in the interagency Counter-proliferation 

Task Forces and its involvement in the Department of Justice Export Enforcement Initiative established in 2007. 

ECONOMIC DEVELOPMENT ADMINISTRATION

The Committee recommends $257,924,000 for the programs and 

administrative expenses of the Economic Development Administration (EDA), which is $25,508,000 below fiscal year 2011 and 

$67,007,000 below the request. 

Wireless Innovation Fund.—EDA requested $20,000,000 in mandatory appropriations in fiscal year 2012, with $20,000,000 in each 

of the subsequent four fiscal years for a total of $100,000,000 to establish a Wireless Innovation Fund to enable EDA to assist communities in expanding or cultivating new innovation-based infrastructure. This funding is dependent on legislation being enacted 

to authorize incentive auctions that would reallocate Federal agency and commercial spectrum bands over the next ten years. 

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The Committee recommends $220,000,000 for Economic Development Assistance programs, which is $25,508,000 below fiscal year 

2011 and $64,300,000 below the request. Of the amounts provided, 

funds are to be distributed as follows; any deviation of funds shall 

be subject to the procedures set forth in section 505 of this Act: 

Public Works ....................................................................................... $123,280,000 

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

Technical Assistance .......................................................................... 9,800,000 

Research and Evaluation ................................................................... 1,500,000 

Trade Adjustment Assistance ............................................................ 15,800,000 

Economic Adjustment Assistance ...................................................... 38,620,000 

Total ............................................................................................. 220,000,000 

Supplemental appropriations.—EDA received $150,000,000 in the 

American Recovery and Reinvestment Act, Public Law 111–5. As 

of May 6, 2011, while EDA has obligated all of the funds as required, EDA has disbursed about $88,094,000 in grant funding to 

economically distressed communities, which is only about 59 percent of the funds provided more than three years ago. In addition, 

EDA received $100,000,000 in Public Law 110–252 and another 

$400,000,000 in Public Law 110–329 in response to hurricanes, 

floods, and other natural disasters. Of these amounts, EDA has 

spent only $87,462,000, leaving nearly 82 percent, or $412,279,000 

unspent. EDA is directed to ensure that these funds are expended 

as expeditiously as possible in a fiscally prudent manner and inform the Committee immediately of the reasons for the large unexpended balance in each region. 

Collaboration.—The Committee encourages EDA to work with 

the National Institute of Standards and Technology (NIST) Manufacturing Extension Partnership Program (MEP), the Minority 

Business Development Agency (MBDA), and the ITA to ensure that 

the Commerce entities involved in job creation, manufacturing and 

export programs are leveraging the resources each has to offer to 

the greatest extent possible. As part of this collaboration, the agencies are encouraged to make their respective regional organizations 


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aware of mutually beneficial programs and invite representative organizations to regional workshops or meetings as appropriate. 

Planning.—The Committee provides $31,000,000 for Planning. 

EDA’s Planning program helps support local organizations, including Economic Development Districts, Native American Indian 

Tribes, and other eligible entities with their long-term planning 

efforts, outreach to communities, and development of Comprehensive Economic Development Strategies (CEDS). These CEDS are 

designed to bring together public and private sector stakeholders in 

the creation of a regional economic roadmap to diversify and 

strengthen regional economies. The Committee is aware that an 

evaluation of this program is underway. The Secretary shall provide this report to the Committee upon its completion and provide 

interim briefs as necessary on its findings. In addition, the Secretary shall brief the Committee on the review of the CEDS guidance and processes which are being reviewed to determine better 

ways to communicate the development of a CEDS. 

Technical Assistance.—The Committee provides $9,800,000 for 

Technical Assistance. The Technical Assistance program oversees 

three technical assistance programs, including the University Center program, which is composed of 52 University Centers in 42 

States and the Commonwealth of Puerto Rico that draw on the expertise of colleges and universities to support job creation and economic growth in regions experiencing economic distress. The Committee directs EDA, in consultation with the Commerce Inspector 

General (IG), to submit a report on the University Center program. 

This report, to be submitted by January 27, 2012, should include 

a list of all participating colleges and universities, their length of 

time in the program, as well as a review of the effectiveness and 

results of each program using standard evaluation tools as recommended by the IG. This report should also provide a listing of 

projects and activities to be funded with the fiscal year 2012 appropriation, to include administrative costs of each University Center. 

In addition, EDA shall brief the Committee on its work with the 

National Academy of Sciences to facilitate roundtables on State 

and regional innovation initiatives and their role in economic diversification. If appropriate, these roundtables should include representatives of the MEP programs at NIST. 

Trade Adjustment Assistance.—The Committee recommends 

$15,800,000 for Trade Adjustment Assistance (TAA). The Committee understands that EDA’s TAA is the only trade adjustment assistance program that is designed to work with U.S. manufacturers 

adversely impacted by international trade agreements. The Committee is aware of concerns with respect to administrative costs of 

Trade Adjustment Assistance Centers (TAAC) and therefore directs 

the IG to undertake a review of the administrative costs of the centers and provide a report to the Committee by September 30, 2011. 

EDA shall also report to the Committee on the number of, and location of, firms assisted between fiscal year 2009 and fiscal year 

2011, the results of this investment, and the value each TAAC adds 

to the process. Further, EDA, in collaboration with NIST, shall provide an overarching strategic plan for programs that invest in 

training the workforce for the manufacturing jobs of the future. 

Overlap of existing economic development programs.—Earlier this 

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ment programs among Federal agencies, including Commerce, the 

U.S. Department of Housing and Urban Development, the Small 

Business Administration, and the U.S. Department of Agriculture. 

In the fiscal year 2013 budget submission to the Congress, the Secretary shall certify to the Committee and explain how Commerce’s 

economic development programs are unique and provide services 

that are not available elsewhere in the Federal government. Further, the GAO report was critical of EDA’s reliance on potentially 

incomplete sets of variables and self-reported data to assess the effectiveness of its grant programs. GAO also found that EDA staff 

only request documentation or conduct site visits to validate the 

self-reported data provided by grantees in limited instances. The 

Secretary, in consultation with the GAO and Commerce IG, shall 

develop a comprehensive reporting system for EDA to use in each 

of its grant program areas. This reporting system should be developed and presented in the fiscal year 2013 budget request. 

Repatriation grants.—The Committee urges EDA to actively participate in the Secretarial task force on repatriation referenced in 

the Departmental Management section of this report. In addition, 

this bill provides up to $5,000,000 in EDA grants to facilitate the 

relocation, back to the U.S., of a source of employment. EDA shall 

use its grants programs as a resource for encouraging U.S. companies to bring their services, manufacturing, and/or research and development activities back to economically distressed regions in the 

U.S. that have experienced declines in manufacturing or chronic 

underemployment. EDA shall leverage its regional office expertise 

and established program criteria with respect to determining appropriate locations for repatriated U.S. firms. EDA shall report to 

the Committee by February 1, 2012, regarding the implementation 

of this program. 

Innovative manufacturing loans.—The recommendation includes 

language that up to $5,000,000 under this heading may be used for 

Federal loan guarantees to small and medium-sized manufacturers 

for the use or production of innovative technologies as authorized 

by section 26 of the Stevenson-Wydler Technology Innovation Act 

of 1980 (15 U.S.C. 3721). The Committee believes this program has 

the potential to boost manufacturing output and create manufacturing jobs in the United States. In implementing this program, 

the Committee encourages EDA to give consideration to applicants 

from areas with high rates of unemployment. The Committee expects that such funds will come from within the amount designated 

in this report for Economic Adjustment Assistance. EDA shall report to the Committee in its fiscal year 2013 budget request regarding the implementation of this program, to include the number 

of loans provided, the amount of the loans, and the businesses supported. EDA shall consult with the IG prior to implementing this 

new program to ensure that EDA establishes appropriate oversight 

protocols and meets Federal Credit Reform Act requirements. 

SALARIES AND EXPENSES

The Committee recommends $37,924,000 for EDA salaries and 

expenses, which is the same as fiscal year 2011 and $2,707,000 

below the request. 


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MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The Committee recommends $30,339,000 for the Minority Business Development Agency (MBDA), which is the same as fiscal 

year 2011 and $1,983,000 below the request. 

Assistance for agricultural and manufacturing start-ups.—The 

Committee notes that agricultural and manufacturing start-up 

companies often face particular challenges that can impede their 

chances of success. Therefore, the Committee directs MBDA to 

focus efforts to assist agricultural and manufacturing start-up businesses. The Committee encourages MBDA to work with the MEP 

program at NIST and with ITA to see how their efforts can be 

better coordinated to ensure that Commerce is able to provide endto-end services for start-up businesses, including ones that are minority-owned. 

Native American Business Development.—The Committee supports the efforts of the Office of Native American Business Development and encourages it to work more closely with the Senior Advisor for Native American Affairs to ensure that the business development needs of this community are intertwined with efforts to enhance economic development and trade and tourism for Native 

American tribes. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

The Committee recommends $97,060,000 for the Economics and 

Statistics Administration (ESA), which is the same as fiscal year 

2011 and $15,877,000 below the request. 

BUREAU OF THE CENSUS

The Committee recommends a total of $855,348,000 for the Bureau of the Census, which is $294,372,000 below fiscal year 2011 

and $169,417,000 below the request. 

SALARIES AND EXPENSES

The Committee recommends $258,506,000 for the salaries and 

expenses of the Bureau of the Census, which is the same as fiscal 

year 2011 and $13,548,000 below the request. The recommendation 

includes requested bill language allowing funds provided in this account to be used for promotion, outreach and marketing activities 

given the successful use of these programs in the 2010 decennial 

census. Census intends to apply this authority in its monthly, quarterly, and annual surveys which are funded in this account. The 

Secretary is directed to submit a report to the Committee by April 

1, 2012, regarding the use of this new authority and any benefits 

that have been realized. 

PERIODIC CENSUSES AND PROGRAMS

The Committee recommends a total of $596,842,000 for periodic 

censuses and programs, which is $294,372,000 below fiscal year 

2011 and $155,869,000 below the request. 


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Data on small population groups.—The Committee encourages 

the Census Bureau to ensure that reliable information about small 

population groups is collected and published and directs the Bureau to report back to the Committee within 90 days of enactment 

of this Act describing the steps it will take to ensure the availability and accuracy of these data. 

Best practices.—The Committee encourages the Bureau to develop and share its best practices and methods for outreach to 

hard-to-count communities with other Federal agencies and State 

and local governments that may benefit from this expertise. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $40,568,000 for the salaries and expenses of the National Telecommunications and Information Administration (NTIA), which is the same as fiscal year 2011 and 

$15,259,000 below the request. 

Public Safety Broadband Network.—NTIA requested $1,400,000,000 in mandatory appropriations in fiscal year 2012, 

with the goal of establishing a $7,000,000,000 program over the 

next five years for a Public Safety Broadband Network. This funding is dependent on legislation being enacted to authorize incentive 

auctions that would reallocate Federal agency and commercial 

spectrum bands over the next ten years. 

Broadband Technology Opportunities Program.—The recommendation includes $19,988,000 in funding for administration expenses 

for the Broadband Technology Opportunities Program (BTOP) authorized in the American Recovery and Reinvestment Act. With the 

funds provided, NTIA will conduct oversight and monitoring, grant 

evaluation, and impact assessments. NTIA is directed to continue 

providing quarterly reports on BTOP and the State Broadband 

Data and Development Program. NTIA is directed to report to the 

Committee by December 12, 2011, regarding BTOP grants that 

have been returned. NTIA shall include with this a report on unobligated and unexpended balances. 

Spectrum interference issues.—The Committee is aware that 

NTIA and the Federal Communications Commission (FCC) are in 

the midst of a regulatory process with respect to the Global Positioning System and that a technical working group is reviewing potential interference issues. NTIA is directed to report to the Committee following completion of the technical working group activities, but no later than August 1, 2011, regarding the discoveries of 

this technical working group and the scientific steps necessary to 

address any potential interference concerns. 

Spectrum management.—According to an April 2011 GAO report, 

a spectrum management plan issued by NTIA in 2008 does not 

identify government-wide spectrum needs and does not contain key 

elements and best practices of strategic planning. One of the limitations that GAO found was that NTIA depends on agency selfevaluation of spectrum needs and focuses on interference mitigation, with limited emphasis on government-wide spectrum management. Lacking a strategic vision, NTIA cannot ensure that spectrum is being used efficiently by Federal agencies. GAO also found 


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that NTIA’s data management system is antiquated and lacks internal controls to ensure the accuracy of agency-reported data, 

making it unclear if decisions about Federal spectrum use are 

based on reliable data. To address these concerns, NTIA, in consultation with the FCC, GAO and the Commerce IG, shall submit 

a report to the Committee by December 1, 2011, that updates its 

strategic plan, examines the assignment review processes to determine if the current approach can be improved, and establishes internal controls to ensure the accuracy of agency-reported data. 

PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The Committee recommends $2,706,313,000, the requested funding level, for the Patent and Trademark Office (PTO). The Congressional Budget Office (CBO) has re-estimated the fee collections to 

be $2,678,000,000. Of this amount, the CBO estimates 

$2,387,000,000 to be collected under the current fee structure and 

an additional $291,000,000 to be generated by an interim surcharge on patent fees, as provided in this bill. The spending authority provided by this bill represents an increase of $588,000,000, 

or 28 percent, above fiscal year 2011. The recommendation also includes language making available any excess fee collections above 

the President’s request. All additional fees collected by the PTO 

during the current fiscal year above what is appropriated in this 

bill should be available for use only by the PTO. 

Projected fee collections.—A December 2010, Department of Commerce IG report, Stronger Management Controls Needed over 

USPTO’s Projection of Patent Fee Collections, found that for fiscal 

years 2006 through 2009, PTO experienced significant disparities 

between projected and actual patent fee collections; these ranged 

from shortfalls of about $56.6 million in fiscal year 2006 to $171 

million in fiscal year 2009. Further, the IG found that PTO does 

not have clear guidance or a disciplined, documented process for 

forecasting patent fee collections. According to the IG, PTO officials 

reported that keeping the overall process of developing projections 

‘‘fluid’’ is the reason that a deliberate decision was made not to 

have mandated guidance or documentation. As a result, the IG reported that stakeholders may not have clear expectations of what 

the agency will be able to fund because the differences between the 

estimated and actual patent fee collections have fluctuated considerably. The IG also noted that while the aggregate differences between projections and collections appear to be within a generally 

acceptable margin of forecasting error, such data actually mask 

much greater differences for individual fees (PTO collects some 300 

different fees.) According to the IG, PTO has repeatedly over- and 

underestimated the amount of specific patent fees that it will collect in a given year, sometimes by as much as 20 to 50 percent. 

These differences mask discrepancies of tens of millions of dollars 

annually for certain fees. During the time of the IG review, the patent application backlog grew from 701,000 to nearly 736,000. Similarly, the amount of time it took to reach a decision on a patent 

application grew between fiscal year 2006 and fiscal year 2009 


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from about 31 months to about 35 months. The IG recommended 

that PTO implement the following actions: (1) the PTO Chief Financial Officer (CFO) should establish and implement written policies and procedures for developing fee-collection forecasts; (2) the 

CFO should annually report on the variances between projected 

and actual patent fee collections, including their causes and any 

noted trends; and (3) the Commissioner for Patents should establish and implement written policies and procedures for the patent 

production model. The Committee concurs with these recommendations and directs PTO to begin implementing them immediately 

and provide a report by September 7, 2011, outlining timeframes 

and steps that the PTO will take to comply with these recommendations. In addition, the Committee directs PTO to continue to provide quarterly reports on its projected fee collections. 

Backlog grows as funding doubles.—The Committee notes that 

PTO’s budget authority has nearly doubled from about $1 billion in 

fiscal year 2001 to more than $2 billion in fiscal year 2010 and its 

staff has grown by 48 percent, from about 6,500 personnel in fiscal 

year 2001 to about 9,500 in fiscal year 2010. However, during this 

time of extraordinary increases in both funding and personnel, the 

backlog grew from about 344,369 applications and 25 months for 

final action pendency to about 708,535 applications with final action pendency dragging out to more than 35 months. PTO examiners have become less efficient during this time as well, with the 

number of examinations in 2001 at about 89 per examiner, whereas in fiscal year 2010 examiners were reviewing on average about 

81 patents per examiner. This number had dropped to a low of 

about 72 in 2008. The Committee directs the PTO to submit a personnel plan showing the growth in the number of patent examiners 

over the last 5 years, as well as the number that PTO expects to 

hire over the next 5 years. This report should also show the estimated attrition rates for each of these years as well. In addition, 

this report should also provide a breakout between the number of 

examiners, supervisor examiners, and other examiners who do not 

perform any role with respect to patent examination. This report 

shall be submitted by November 1, 2011. 

Carryover funds.—The Committee is concerned that the PTO has 

established an operating reserve whereby it intends to carry over 

funds from one fiscal year to the next as a ‘‘cushion.’’ For fiscal 

year 2012, PTO has proposed an operating reserve to help the 

agency maintain its pace of activities in years when fee collections 

diminish or fall below projections or during years of planned spending above collections. While some level of carryover may be advisable, the PTO is proposing to have an operating reserve of 

$342,470,000 at the end of fiscal year 2012. The Committee believes that given the backlog and pendency rates, holding nearly 13 

percent of its budget as a reserve into the next fiscal year is not 

a good management practice for an agency that is so far behind in 

whittling down its workload. Accordingly, the PTO, in consultation 

with the Secretary of Commerce, is directed to propose in its fiscal 

year 2013 budget submission an exhibit stating specifically what 

the PTO intends to fund using carryover balances. 

Quality metrics/quality index reporting.—The Committee is 

aware that PTO has received feedback that its quality measures do 

not accurately measure the quality of patents issued by the PTO 


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or the quality of the PTO’s examination process. Feedback suggests 

that some measures taken to improve the quality of the patents the 

PTO issues have resulted in prolonging the prosecution of applications. To address this issue, PTO created a Quality Task Force. 

PTO is directed to provide a report to the Committee by October 

17, 2011, with a status report on efforts of the Quality Task Force 

to improve its patent quality measurement programs. This report 

should include a list of participants on the task force and their 

goals for implementing ways to improve the quality of the patent 

examination process without increasing pendency rates. 

Management costs growing as a proportion of total funding.— PTO reported that its management-related costs in fiscal year 2010 

were $457,677,000 and in fiscal year 2012 it is proposing to spend 

$617,023,000 on management, a 35 percent increase in two years. 

While the biggest portion of this funding is for information technology needs, the Committee notes that the budget for Executive 

Direction and Communications has doubled between fiscal years 

2010 and 2012 from $3,983,000 and 34 positions to $6,524,000 and 

55 positions. At the same time miscellaneous expenses have grown 

from $193,104,000 in fiscal year 2010 to $241,305,000 in fiscal year 

2012, a $48,201,000, or 25 percent increase in just two years. PTO 

reports that expenses captured under this program include rent, 

utilities, post retirement benefits and other expenses. PTO is directed to provide a table showing actual costs for each activity or 

item funded in the Management Program line from fiscal year 2009 

through fiscal year 2011 and the estimated expenses in fiscal year 

2012. 

Economic security.—By statute, patent applications are published 

no earlier than 18 months after the filing date, but it takes an average of about three years for a patent application to be processed. 

This period of time between publication and patent award provides 

worldwide access to the information included in those applications. 

In some circumstances, this information allows competitors to design around U.S. technologies and seize markets before the U.S. inventor is able to raise financing and secure a market. In order to 

promote U.S. economic security and protect inventors’ intellectual 

property rights, the Committee directs the PTO to study its patent 

publishing process and consider the alternative of publishing only 

the patent abstract instead of the entire application. The PTO shall 

report to the Committee on this effort within 30 days of enactment 

of this Act. 

Information technology.—PTO shall submit a report to the Committee within 30 days of enactment of this Act providing a spending plan as well as the projected estimate of spending for each of 

the next three fiscal years on the End-to-End information technology program which will enable certain PTO information technology programs to communicate and provide a faster and more reliable way for examiners to quickly search a myriad of databases 

during the patent approval process. The Committee is concerned 

that the PTO is diverting funds away from this long-overdue information technology investment and directs PTO to provide a report 

on the status of PTO’s existing information technology systems, to 

include personal computers, and the plans for providing for regular 

technology refresh of this equipment; and the estimated yearly 

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gram. This report should also include a list of systems that the 

PTO intends to retire as End-to-End is deployed, and the savings 

associated with retiring them. This report should be submitted to 

the Committee by December 1, 2011. 

Patents granted to small entities.—As part of its annual reports 

on various patent statistics, the PTO is directed to publish annual 

data on the share of U.S. patents granted to small entities. 

National security concerns.—The Committee has had discussions 

with PTO with respect to the need to update its security procedures for patent applications that have national security implications. PTO, in consultation with appropriate agencies, shall develop 

updated criteria to evaluate the national security applications of 

patentable technologies. In addition, PTO is directed to evaluate 

and update its procedures with respect to its review of applications 

for foreign filing licenses that could potentially impact economic security. PTO shall report to the Committee by January 15, 2012, on 

these matters. 

Telework.—The Committee appreciates the work of PTO in implementing telework programs. According to the PTO, at the end 

of the first quarter of 2011, about 6,119 of the 7,396 persons in eligible positions are teleworking. The telework program has enabled 

PTO to hire new employees without securing additional office space 

or additional parking facilities, with PTO estimating that it has 

saved $19 million annually in additional leased office space. PTO 

reports that teleworking also provides the PTO with the ability to 

continue some everyday business operations during an emergency 

beyond those defined in the Continuity of Operations (COOP) plan. 

Teleworking has positively impacted resignation rates, with survey 

respondents in both the trademark and patent divisions reporting 

that this program had positively impacted their willingness to extend their years of service with the PTO. Some respondents also 

noted that they used less sick time as a result of this program. 

Clearly, the PTO telework program is working and the Committee 

encourages the PTO to continue efforts to ensure that eligible employees can participate in this valuable program. 

Establishment of satellite offices.—The Committee supports 

PTO’s efforts to establish a satellite office in Detroit, Michigan, and 

directs the PTO to report on progress in establishing this office. 

The Committee expects that this facility will function as a telework 

center where patent applicants from around the country can meet 

with PTO examiners at the Detroit satellite office instead of having 

to travel to PTO headquarters. If PTO has available resources and 

the need to open additional satellite offices, it shall report to the 

Committee regarding the feasibility, costs, and options of establishing other such offices, especially in geographic areas with large 

numbers of applicants. 

Promoting stories of inventors.—The Committee understands that 

PTO is developing educational materials for use in schools, with 

these materials highlighting the accomplishments of inventors and 

the advances realized as a result of inventions. These educational 

materials are to be designed with the goal of encouraging children 

to explore educational opportunities in math, science, and technology. The Committee encourages PTO to coordinate this effort 

with the National Science Foundation and other government and 

non-government entities with expertise in science education and 


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expects PTO to report on resources used for this effort and results 

achieved. 

Reprogramming and spending plan.—The recommendation includes new bill language making available fee collections above the 

appropriated funding level, and requiring PTO to follow the reprogramming procedures outlined in section 505 of this Act before 

using such excess fee collections. In addition, the spending plan required by section 537 of this Act shall include, for PTO, all carryover balances and recoveries from previous fiscal years. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The Committee recommendation includes $700,808,000 for NIST, 

which is $49,289,000 below fiscal year 2011 and $300,322,000 

below the request. 

Public Safety Innovation Fund.—NIST requested $100,000,000 in 

mandatory appropriations in fiscal year 2012 for a Public Safety 

Innovation Fund. However, this funding is dependent on legislation 

being enacted to authorize incentive auctions that would reallocate 

Federal agency and commercial spectrum bands over the next ten 

years. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The Committee recommendation includes $516,984,000 for 

NIST’s scientific and technical core programs, which is $10,000,000 

above fiscal year 2011 and $161,959,000 below the request. The 

recommendation provides funding above the current year for 

NIST’s laboratory initiatives that support core measurements and 

standards programs that are critical for innovation, competitiveness, and economic growth. NIST’s unique contribution is the development of physical science solutions to overcome barriers to innovation. Within available funding, the Committee encourages 

NIST to give priority to supporting measurement science, tools, and 

standards necessary for the development and manufacture of new 

products and services based on innovative materials, and to NIST’s 

Postdoctoral Research Associates Program. 

NIST is encouraged to consider supporting armchair quantum 

wire research for applications in long-distance electricity transmission and wiring, and continuing standards and measurement 

work in regenerative medicine technologies. In addition, the Committee supports NIST’s Public Safety Communications Research 

Project and encourages NIST to continue this important program. 

INDUSTRIAL TECHNOLOGY SERVICES

The Committee recommends $128,443,000 for Industrial Technology Services, which is $44,810,000 below fiscal year 2011 and 

$109,179,000 below the request. The recommendation does not include funding for the Technology Innovation Program, the Baldrige 

Performance Excellence Program, and the Advanced Manufacturing 

Technology Consortia Program. The Committee recommends 

$128,443,000 for the Manufacturing Extension Partnership (MEP) 

program, which is the same as fiscal year 2011 and $14,173,000 

below the request. 

Manufacturing Extension Partnership Program.—The Committee 

commends NIST for its efforts, via the MEP program, to develop 


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the National Innovation Marketplace (NIM). This internet-based effort is designed to facilitate partnerships among original equipment 

manufacturers, parts suppliers, inventors, distributors, and investors. NIM is aimed at helping both new and existing manufacturing companies to innovate their processes, create additional 

jobs, develop new products, and locate new customers and market 

opportunities. The Committee believes that the NIM has the potential to serve as a highly effective tool for helping to revitalize U.S. 

manufacturing, by helping to bring new inventions to market, enabling manufacturers to more easily locate both component parts 

suppliers and new customers, and expanding U.S. manufacturing 

activity generally. 

The Committee directs that, of the funding provided for the MEP 

program for fiscal year 2012, not less than $2,500,000 shall be devoted toward continuing and expanding NIST’s efforts with regard 

to the NIM, including: (1) further developing and refining the webbased tools and functionality of the National Innovation Marketplace, along with updating content and populating additional participant information onto the NIM Web site; (2) expanding efforts 

to promote the National Innovation Marketplace among potential 

users, including by helping to showcase the business capabilities of 

MEP/NIM clients; and (3) expanding the training of MEP center 

and partner staff to enable them to assist manufacturing clients 

and other participants in utilizing the National Innovation Marketplace to ensure that companies find and develop new growth opportunities and process improvements and establish the marketing 

and distribution mechanisms to quickly transition new products 

into the marketplace. 

MEP matching requirements.—The Committee is concerned that 

the Department of Commerce has not established criteria by which 

it could develop specific cost-shares for the MEP program. In a recent report (GAO–11–437R), GAO identified factors that could be 

taken into account in considering changes to the current MEP costshare structure. The Committee directs the Secretary of Commerce 

to use the key factors and other findings identified by GAO in its 

cost-share report to draft criteria for establishing specific costshares for the MEP program. Within 90 days of the date of enactment of this Act, the Secretary shall submit to the Committee a 

proposed set of cost-share criteria for the MEP program. 

Repatriation of manufacturing.—The Committee wishes to emphasize the urgent need to revitalize the Nation’s manufacturing 

base, including the need to reverse the trend toward offshoring 

U.S. manufacturing activities. The Committee encourages NIST, 

through the MEP and in concert with repatriation efforts noted 

elsewhere in this report, to focus efforts on re-shoring manufacturing, including by developing a suite of tools and services as appropriate that MEP centers can use to identify U.S.-based suppliers 

for original equipment manufacturers that have off-shored production. 

CONSTRUCTION OF RESEARCH FACILITIES

The Committee recommends $55,381,000 for NIST construction, 

which is $14,479,000 below fiscal year 2011 and $29,184,000 below 

the request. 


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Boulder Building 1 renovation.—Of the amounts provided, $25,381,000 is provided as requested for continued renovation activities at the Boulder, Colorado, facility. Funding will support interior renovations of Wings 3, 5, and a portion of Wing 6. NIST is 

directed to provide an update on the status of the Boulder renovations by November 14, 2011. 

Safety, Capacity, Maintenance, and Major Repairs.—The remaining $30,000,000 in construction funds are provided for Safety, Capacity, Maintenance, and Major Repairs. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The Committee recommends a total of $4,533,052,000 in discretionary funds for the National Oceanic and Atmospheric Administration (NOAA), which is $54,981,000 below fiscal year 2011 and 

$952,682,000 below the request. The recommendation does not include funding as proposed to establish a Climate Service within 

NOAA. The recommendation instead funds NOAA programs in accordance with the current organizational structure. It is the Committee’s intention that no funds shall be used to create a Climate 

Service at NOAA. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommendation includes a total program level of $2,848,130,000 under this account for the coastal, fisheries, marine, 

weather, satellite and other programs of NOAA. This total funding 

level includes $2,775,930,000 in direct appropriations, a transfer of 

$66,200,000 from balances in the ‘‘Promote and Develop Fishery 

Products and Research Pertaining to American Fisheries’’ account 

and $6,000,000 derived from recoveries of prior year obligations. 

The direct appropriation of $2,775,930,000 is $403,581,000 below 

fiscal year 2011 and $601,677,000 below the request. 

The following narrative descriptions and tables identify the specific activities and funding levels included in this Act. Each of the 

following tables for NOAA accounts and line offices include ‘‘Administrative Efficiency Initiative’’ lines which include amounts proposed for reduction in the fiscal year 2012 budget. 

National Ocean Service.—The recommendation provides 

$385,510,000 for National Ocean Service (NOS) operations, research and facilities. 

Navigation Services.—The Committee provides $148,289,000 for 

navigation services. Of this amount, $91,617,000 is provided for 

mapping and charting activities, which is the same as the fiscal 

year 2011 level for these important life and safety programs. 

Response and Restoration.—The Committee is aware that thus 

far NOAA has received $18,500,000 from BP for ongoing activities 

related to the Deepwater Horizon oil spill in the Gulf of Mexico. In 

addition, NOAA, as part of the settlement reached with BP, is 

going to receive $100,000,000 for work related to the Deepwater 

Horizon oil spill. These funds are for restoration, planning, implementation, and monitoring. NOAA is scheduled to receive an additional $150,000,000 for state-led projects to be selected by NOAA 

from proposals submitted by the States related to this oil spill. The 

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pected to receive $150,000,000 and that the State Natural Resources Trustees involved in the BP settlement (Florida, Alabama, 

Mississippi, Louisiana, and Texas) are also slated to receive 

$100,000,000 each from BP. NOAA is directed to provide a report 

to the Committee by December 1, 2011, describing its activities related to the disaster and a spending plan for the $250,000,000 it 

expects to receive from BP to implement restoration projects in the 

Gulf. 

Gulf of Mexico Disaster Response Center.—The Committee directs 

NOAA to provide it a report by September 1, 2011, on the status 

of the Gulf of Mexico Disaster Response Center and efforts to make 

it operational. 


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National Marine Fisheries Service.—The Committee recommends 

$710,603,000 for the National Marine Fisheries Service (NMFS) operations, research and facilities. 

National Catch Share Program.—The Committee recommends 

$21,956,000 for the catch shares program, which is $21,956,000 

below fiscal year 2011 and $32,046,000 below the request. Given 

limited funding and ongoing concerns with this program, the Committee recommends a more modest investment in this program. 

The Committee directs GAO to review the NOAA catch share program and provide an assessment of its implementation and impacts 

on the fisheries where it has been instituted as part of the overall 

fishery management program for a given fishery. This report, to be 

submitted to the Committee by January 23, 2012, shall also include 

an assessment regarding any consolidation that has occurred as a 

result of implementing catch shares programs. GAO is directed to 

consult with the Committee prior to beginning this effort. 

Stock Assessments.—The Committee recommendation for stock 

assessments is $63,764,000, which is an increase of $10,371,000 

above fiscal year 2011 levels and $3,356,000 below the request. The 

Committee notes that lack of accurate, up-to-date data for numerous economically vital fisheries has caused significant problems as 

NMFS works to implement provisions that were incorporated into 

the Magnuson-Stevenson Act (MSA) in 2006. NMFS has proceeded 

to implement these provisions, particularly as they relate to setting 

annual catch limits on all fisheries, in a manner that ignores profound shortfalls in requisite data. More robust stock assessments, 

based on more frequent surveys, are vitally important to improve 

management of our marine fisheries and meet the requirements of 

the MSA. The Committee supports targeting and prioritizing stock 

survey funds to address critical data gaps in fisheries that have 

suffered dramatically from inadequate data gathering. Additionally, the Committee supports the further utilization of fishery independent data collection efforts and encourages NMFS to take advantage of existing non-Federal resources that are capable of providing timely and reliable data to improve stock assessments of 

critical fisheries. As such, the recommendation includes $7,035,000 

for cooperative research programs, which is $3,015,000 below fiscal 

year 2011 levels and $204,000 below the request. 

Salmon Management Activities.—The Committee recommends 

$34,451,000 for salmon management activities. Within this 

amount, an increase of $10,000,000 is provided above the request 

to allow hatcheries to be reformed according to the recommendations of the Hatchery Scientific Review Group. 

Genetic Stock Identification.—Within the amounts provided, 

NOAA is encouraged to continue research through a competitive 

grants process on genetic stock identification programs for West 

Coast salmon. Genetic stock identification programs improve salmon management and avoid harvest of weak salmon stocks by identifying movement and location of individual stocks. 

Enforcement and Observers Training.—The Committee recommends $105,747,000 for Enforcement and Observers Training, 

which is the same as the fiscal year 2011 level and $460,000 below 

the request. The Committee provides this level of funding in response to the recent IG investigation into NMFS enforcement activities. The IG is directed to provide an update to the Committee 


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by December 12, 2011, regarding implementation of recommendations from the IG’s 2010 review of NOAA’s Fisheries Enforcement 

Asset Forfeiture Fund. 

National Research Council Review.—The Committee is aware of 

a June 23, 2011, letter from the House Resources and Agriculture 

Committees and the House Appropriations Subcommittee on Interior, Environment, and Related Agencies, to the Departments of 

Commerce, Interior, Agriculture and the Environmental Protection 

Agency (EPA) that addresses the scope of the National Research 

Council’s (NRC) review of scientific methods and assumptions and 

economic impacts associated with Federal Endangered Species Act 

biological opinions for pesticides registered by EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),. 

The Committee understands that the National Oceanic and Atmospheric Administration is working with the NRC on this review 

and expects that the NRC will address the issues outlined in the 

letter referenced above. 


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Oceanic and Atmospheric Research.—The Committee recommends $288,667,000 for Oceanic and Atmospheric Research 

(OAR) operations, research, and facilities. 

Competitive Climate Research Program.—The Committee recommends $106,044,000 for OAR’s competitive climate research program. The Committee includes funding for these activities in OAR 

and not in the Climate Service as requested. The Committee notes 

the importance of extramural research to support NOAA’s core scientific mission. 

Exploration and Education Activities.—The Committee supports 

ocean exploration and related educational programs and urges 

NOAA to continue working with private sector partners and the 

educational community to ensure that critical programs are continued to the degree possible given funding constraints. 

Tornado and Severe Storm Research.—The recommendation includes $10,037,000, the full amount requested, for tornado and severe storm research and phased array radar. The Committee encourages NOAA to increase tornado research and warning infrastructure for tornadic storms which support rapid response of 

state-of-the-art science, analysis of data, and additional graduate 

research training. 

Iron fertilization.—The Committee included a reporting requirement in the statement accompanying Public Law 111–117 directing 

NOAA to provide a report on the potential of ocean fertilization for 

climate change mitigation. The Committee directs NOAA to continue efforts in this area to address key scientific questions regarding the potential impacts of iron fertilization on the oceans; this effort should be coordinated with other Federal agencies, academia, 

and the private sector, as appropriate. The Committee directs 

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National Weather Service.—The Committee recommends 

$908,018,000 for National Weather Service (NWS) operations, research and facilities, which is $36,436,000 above the enacted level 

and $11,230,000 above the request. Within NOAA, the Committee 

recommendation prioritizes funding for these core life and safety 

programs. 

Tsunami funding.—The recommendation includes $41,554,000 

for tsunami warnings, forecasts, and research, which is $1,055,000 

above the fiscal year 2011 level and the same as the budget request. This amount includes $23,541,000 for the NWS Strengthen 

U.S. Tsunami Warning Program; $4,113,000 in the NWS, Local 

Warnings and Forecasts line (TWCs/ITIC); $900,000 in OAR’s Pacific Marine Environmental Laboratory base funding for tsunami 

research and development activities; and $13,000,000 remaining 

from the funds provided in section 3010, National Alert and Tsunami Warning Program of Public Law 109–171, the Deficit Reduction Act. 

Tsunami preparedness.—Following the earthquake and devastating tsunami that struck Japan earlier this year, the Committee urged NOAA to hold a tsunami preparedness summit for 

communities on the East Coast, the Gulf of Mexico, and the Caribbean. This conference, held in June 2011, included Federal, State, 

and local stakeholders and was designed to ensure that communities in these regions have access to tsunami-related information, 

lessons learned, and best practices. The Committee urges NOAA to 

continue its efforts to work with coastal communities in these areas 

to improve awareness of tsunami outreach and education activities, 

detection and warning services, and response and mitigation programs. The Committee expects NOAA to hold a subsequent conference for West Coast coastal communities. An important part of 

NOAA’s tsunami programs is its Deep Ocean Assessment and Reporting of Tsunamis (DART) network. This network consists of 39 

buoys, deployed in the north, northeast, and western portions of 

the Pacific Ocean, the Atlantic Ocean, and the Gulf of Mexico, that 

measure wave height. The Committee expects NOAA to repair any 

DART stations that are not currently operational and report to the 

Committee no later than 30 days following enactment of this Act 

regarding the status of the entire DART network. 

Caribbean tsunami education and awareness.—According to 

NOAA and the GAO, both Puerto Rico and the U.S. Virgin Islands 

face significant tsunami threats. The Committee is aware that the 

U.S. Geological Survey operates a seismic network surrounding 

Puerto Rico. Once an earthquake of a tsunami-generating magnitude is detected, NOAA’s Tsunami Warning Center in Alaska 

issues a tsunami warning. NOAA shall provide a report to the 

Committee regarding the current capabilities to predict tsunamis 

and expand the TsunamiReady TM program in the Caribbean by 

September 7, 2011. In addition, the Committee expects NOAA’s 

Caribbean outreach coordinator to work with partners in Puerto 

Rico and the U.S. Virgin islands to expand their participation in 

NOAA’s TsunamiReady TM program, which is a voluntary partnership between NOAA, State, and local emergency management 

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risdictions with a level of ‘‘minimal readiness’’ for the tsunami hazard. There are currently 12 recognized TsunamiReady TM communities in Puerto Rico. The Committee directs NOAA to include a 

section in the current tsunami capabilities report on plans to expand the number of TsunamiReady TM communities in Puerto Rico 

and the U.S. Virgin Islands. 


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Climate Service.—The recommendation does not include the establishment of a climate service as proposed in the budget request. 

Instead, the recommendation funds NOAA programs in accordance 

with the current NOAA organizational structure. 

National Environmental Satellite, Data and Information Service.—The Committee recommends $171,636,000 for National Environmental Satellite, Data and Information Service (NESDIS) operations, research and facilities. 

Data Centers and Information Services.—The Committee recommends $58,919,000 for these activities, including not less than 

the current level for each activity currently funded under archive, 

access and assessment programs. 


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Program Support.—The Committee recommends $383,533,000 for 

these activities. 

Information technology.—The recommendation includes 

$11,059,000 for information technology services. This amount is 

provided to enhance the security of NOAA’s critical enterprise information technology systems. NOAA, in consultation with the Secretary of Commerce and the IG, is directed to submit a report to 

the Committee by January 23, 2012, regarding the status of 

NOAA’s information technology systems. 

NOAA education program.—The Committee recommends 

$26,884,000 for NOAA’s Competitive Educational Grants and Programs, which is $1,934,000 above fiscal year 2011. The Committee 

encourages NOAA, within available funds, to expand science, technology, engineering, and mathematics programs for middle school 

youth as appropriate. 

Administrative funding cap.—The recommendation continues the 

cap on NOAA corporate services administrative costs. While NOAA 

made some progress in including NOAA line office administrative 

costs in its congressional justification materials, the Committee desires a greater level of detail. The Committee is concerned about 

the lack of transparency and visibility of all administrative costs 

incurred by NOAA’s corporate staff and line offices, including regional and field offices. The Committee is particularly concerned 

that the non-visible administrative cost components may be increasing more rapidly than the directly visible corporate services 

appropriation enacted to pay for NOAA corporate administrative 

costs. For example, NOAA has continued to assess line office programs for a portion of their corporate administrative costs through 

a ‘‘direct billing’’ process that is not visible to the Committee. 

To address these concerns, the Committee continues the cap on NOAA corporate services at $214,874,000, which includes 

$10,000,000 for NOAA facilities. This cap limits the amount of ORF 

funds that can be used for administrative costs incurred by NOAA’s 

corporate operations. Although the NOAA line offices also incur administrative costs at the field offices and financial management 

centers (FMCs) that execute their programs, the Committee is not 

including these costs in the administrative cost cap. Instead, the 

Committee directs NOAA to provide a report within 90 days of enactment of this Act that identifies total NOAA administrative costs 

for each of fiscal years 2009 through 2012, including NOAA corporate staff and each line office, and each financial management 

center including the Office of Marine and Aircraft Operations. The 

report shall also identify the administrative costs incurred by these 

organizational entities, as well as the field offices and FMCs, for 

standard administrative functions. Similar tables shall be included 

in all subsequent NOAA annual budget justifications provided to 

Congress. NOAA shall consult with the Committee prior to beginning this effort. 

Research and development tracking and outcomes.—The Committee continues its direction that NOAA track the division of research and development funds between intramural and extramural 

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ers. The Committee further directs NOAA to continue to increase 

extramural research funding in future requests to build broad community support and leverage external funding for mission-oriented 

research. 


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PROCUREMENT, ACQUISITION AND CONSTRUCTION

The Committee recommendation includes a total program level of 

$1,709,772,000 in direct obligations under this heading, of which 

$1,702,772,000 is appropriated from the general fund and 

$7,000,000 is derived from recoveries of prior year obligations. The 

direct appropriation is $370,090,000 above fiscal year 2011 and 

$350,005,000 below the request. The following narrative descriptions and tables identify the specific activities and funding levels 

included in this Act: 

National Weather Service (NWS).—The Committee recommends 

$94,917,000 for NWS systems acquisitions and construction, which 

is $1,982,000 below fiscal year 2011 and $3,727,000 above the request. 

Weather and Climate Supercomputing.—The recommendation includes $40,169,000 for Weather and Climate Supercomputing, 

which is $11,058,000 above fiscal year 2011 and the same as the 

request. This funding will support ongoing Hurricane Forecast Improvement Project modeling and continue regular improvements to 

numerical prediction modeling. 

National Environmental Satellite, Data and Information Service.—The recommendation includes $1,592,777,000 for National Environmental Satellite, Data and Information Service (NESDIS) acquisition and construction. This amount is $334,355,000 above fiscal year 2011 and $304,759,000 below the request. 

Geostationary Operational Environmental Satellite-R Series.— 

The Committee recommends $567,390,000 for Geostationary Operational Environmental Satellite-R (GOES-R), which is $94,983,000 

below fiscal year 2011 and $50,000,000 below the request. 

Joint Polar Satellite System.—The Committee recommends 

$901,346,000 for the Joint Polar Satellite System (JPSS) program, 

which is $429,446,000 above the fiscal year 2011 level and 

$168,654,000 below the request. NOAA shall comply with language 

in section 105 of the accompanying bill updating a reporting requirement on cost and schedule of satellite programs, including a 

breach reporting requirement. 

JPSS contract transition delays.—According to the Commerce IG, 

significant contractual issues have hampered the JPSS program 

from moving forward, including the fact that some of the JPSS instruments were still being manufactured under the old National 

Polar-orbiting Operational Environmental Satellite System 

(NPOESS) program contract, and one of the instruments currently 

remains under the NPOESS contract. NOAA is directed to work 

with the Air Force and other parties to expeditiously transfer the 

remaining contract for instrument development to NASA and 

NOAA, as appropriate. 

JPSS Program Director and Deputy Director.—Filling these key 

management positions is crucial to the success of the program. 

NOAA is directed to provide an update to the Committee regarding 

efforts to fill these positions with qualified personnel. 

Quarterly satellite briefings.—The Committee began holding 

quarterly satellite briefings with NOAA in March 2011. The Committee finds these briefings useful and directs NOAA to continue 

providing these updates to the Committee regarding the JPSS program and NOAA’s other major system acquisition programs. 


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Fiscal year 2012 spending plan.—NOAA is directed to provide to 

the Committee a spending plan for the JPSS program for fiscal 

year 2012 within 30 days of enactment of this Act. This detailed 

spending plan should include the name of the effort; the location 

of the work; fiscal year funding for each effort; and the number of 

contractor and government personnel. This report should also include a program status update. 

COSMIC 2.—While the Committee supports NOAA’s efforts to 

establish a radio occultation satellite constellation in partnership 

with Taiwan, the recommendation does not include any funding for 

the COSMIC 2 program given funding constraints and the need to 

fund other higher priority NOAA satellite programs. The Committee directs NOAA to conduct an analysis of alternatives to obtain similar data and measurements and report back to the Committee within 90 days of enactment of this bill. This report should 

also include estimated outyear costs for the COSMIC 2 program. 


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PACIFIC COASTAL SALMON RECOVERY

The Committee provides $65,000,000 for Pacific Coastal Salmon 

Recovery, which is $14,840,000 below fiscal year 2011 and the 

same as the request. 

In addition, the accompanying bill includes language as requested that requires all funds be allocated based on scientific and 

merit principles and prohibits the availability of funds for marketing activities. 

FISHERMEN’S CONTINGENCY FUND

The Fishermen’s Contingency Fund is authorized under Section 

402 of Title IV of the Outer Continental Shelf Lands Act Amendments of 1978. The Committee recommends $350,000, which is 

$350,000 above fiscal year 2011 and the same as the request, for 

the Fishermen’s Contingency Fund, to compensate U.S. commercial 

fishermen for damage or loss caused by obstructions related to oil 

and gas exploration. The funds used to provide this compensation 

are derived from fees collected by the Secretary of the Interior. 

FISHERIES FINANCE PROGRAM ACCOUNT

The Committee recommends language under this heading limiting obligations of direct loans to $24,000,000 for Individual Fishing Quota loans and $59,000,000 for traditional direct loans. NOAA 

is directed to provide a report to the Committee by January 1, 

2012, providing the current status of loans under this program. 

NOAA shall consult with the Committee prior to beginning this effort. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The Committee recommendation includes $57,884,000 for Departmental Management, which is the same as fiscal year 2011 and 

$6,987,000 below the request. 

Cybersecurity.—The Committee supports the efforts of the Department of Commerce to establish a new Enterprise Cybersecurity 

Monitoring and Operations program. The Committee expects that 

each Commerce bureau funded in this bill will contribute a prorated amount to the Department of Commerce through the Working Capital Fund in order to establish this center. The Committee 

expects that this activity shall be coordinated with input from the 

Departmental Chief Information Officer (CIO) and CIOs throughout the Department. The Department is directed to submit a 

spending plan to the Committee within 60 days of enactment of 

this legislation indicating the source of funds from each agency. 

The Committee believes that the amount of funds should be commensurate with the risks and vulnerabilities that pertain to each 

bureau’s information technology systems. In addition, appropriate 

personnel within each bureau should receive a briefing from the 

National Cyber Investigative Joint Task Force within 30 days of 

enactment of this legislation so that they are aware of past and 

current intrusions into the Department of Commerce information 

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Cyber-espionage.—The Committee directs that funds made available to the Department of Commerce in this Act or any other Act 

shall not be used to acquire information technology or an information system unless the Secretary of Commerce has determined that 

such technology or system presents a low risk of cyber-espionage 

or sabotage, and has not been produced by an entity that raises a 

serious supply chain security concern. The Secretary shall report to 

the Committee on all such determinations, and the process used to 

arrive at such determinations, by January 15, 2012. 

Repatriation task force.—The recommendation includes language 

directing the Secretary of Commerce, in concert with appropriate 

agencies within the Department of Commerce, including ITA, EDA, 

and NIST, to establish a task force to examine incentives and other 

activities needed to encourage U.S. companies to bring their manufacturing and research and development activities back to the 

United States. The Secretary shall also provide a report that outlines the incentive strategies and the number of firms that the task 

force will engage in this effort. As part of this effort, the Committee 

encourages the Secretary to consult with the Secretary of the 

Treasury and the Committee on Ways and Means to examine the 

issue of providing tax credits to companies that repatriate their operations back to the United States. The Department of Commerce 

shall consult with the Committee prior to beginning this effort and 

shall provide a report by February 1, 2012. In addition, the Committee directs the Secretary to update the 2004 report, Manufacturing in America: A Comprehensive Strategy to Address the Challenges to U.S. Manufacturers, and provide it to the Committee by 

December 1, 2011. 

Repatriation initiative.—The Committee is supportive of the Administration’s efforts to double U.S. exports over the next five 

years. A key component of this initiative is the repatriation of U.S. 

jobs that have moved abroad. Therefore, the Committee directs the 

Secretary to launch a job repatriation initiative, to include the development of a ‘‘best practices’’ for States and local communities to 

use to grow their manufacturing base. The initiative not only shall 

include the expertise and resources of the economic development 

agencies at the Department of Commerce, including the International Trade Administration, the Economic Development Administration, the Minority Business Development Agency, and the National Institute of Standards and Technology, but also shall be coordinated with other Federal economic development agencies, such 

as the Small Business Administration. The Secretary shall submit 

a report to the Committee on the implementation of this initiative 

not later than 120 days after enactment of this Act. Further, Commerce shall report to the Committee regarding the development of 

an online calculator that firms may use to determine ‘‘hidden costs’’ 

of offshore manufacturing, e.g. shipping costs and other factors, so 

that companies would be aware of the total cost of manufacturing 

overseas. 

SelectUSA.—The Committee commends the Department for its 

efforts to implement the SelectUSA initiative. This initiative, established by a recent Executive Order, is designed to: (1) encourage 

foreign businesses to operate in the United States; (2) encourage 

U.S. and foreign businesses to expand and grow in the United 

States; and (3) encourage U.S. businesses operating outside the 


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United States to return their previously offshored operations back 

to the United States. It is the Committee’s understanding that 

SelectUSA will be housed at the Commerce Department and that 

in implementing this initiative, the Department plans to: (1) provide assistance to U.S. States, at their request, to help navigate 

Federal programs, including a clear Federal point of contact to assist with investment issues; (2) engage in advocacy and outreach to 

promote the United States as the world’s best market for business 

operations; and (3) consolidate, in a one-stop web portal, all information on Federal programs and services available to companies 

that operate in the United States. The Committee supports this initiative and believes it has potential for facilitating job growth in 

the United States. 

Cooperatives.—With more than $3 trillion in assets, over $500 

billion in total revenue, $25 billion in wages and benefits, and 

nearly one million jobs, cooperatives have proven themselves to be 

vital components of the nation’s economy. The Committee encourages the Department of Commerce to build on its efforts to create 

opportunities for community wealth building, workforce training, 

and job creation by working with national and local stakeholders 

in the cooperative sphere to look at the role that cooperatives can 

play in stimulating industrial and commercial growth in economically distressed areas of the United States. 

Economic Security Commission.—The Secretary is directed to establish an Economic Security Commission, modeled upon similar 

efforts of the Reagan Administration, to advise the Administration 

and the Congress on U.S. long-term strategic competitive manufacturing challenges. The Department shall consult with the Committee prior to beginning this effort. 

National Technical Information Service.—The National Technical 

Information Service (NTIS) is a self-supporting, reimbursable program that serves as a clearinghouse for scientific and other published reports. The Committee directs the GAO to update its earlier 

reviews regarding the degree to which information provided by 

NTIS is available elsewhere. This report shall be submitted to the 

Committee by October 3, 2011. 

Native American Affairs.—The Committee directs that within the 

funds provided for Departmental Management, funds shall be 

made available to the extent possible to support outreach efforts of 

the Senior Advisor for Native American Affairs in conducting regional meetings and tribal consultations that include Indian treaty 

rights of fisheries and marine mammal protection that are aimed 

at enhancing economic and business development and trade and 

tourism for Native American tribes. 

Departmental oversight.—The Committee directs the Department 

to continue to develop oversight capacity of the PTO, including the 

ability of Commerce to estimate and track PTO fee collections; to 

avoid PTO budgetary shortfalls; and to ensure transparency of 

PTO’s budgeting and financial management. 

HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION

The Committee recommends $14,970,000 for continuing renovation activities, which is the same as fiscal year 2011 and 

$1,180,000 below the request. 


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OFFICE OF INSPECTOR GENERAL

The Committee recommends $26,946,000 for the Office of the Inspector General (IG), which is the same as fiscal year 2011 and 

$6,574,000 below the request. The development of the next generation of weather and environmental satellites is a top management 

risk facing the Department. Within the funding provided, the Committee urges the IG to augment its capacity to exercise oversight 

on these programs. The Committee also expects the IG to continue 

its oversight work of PTO, which the IG also listed in December 

2010 as a top management challenge facing Commerce. In addition, 

the IG shall report to the Committee on a regular basis of the Department’s efforts to implement IG recommendations. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING RESCISSION)

The Committee recommends the following general provisions for 

the Department of Commerce: 

Section 101 makes funds available for advanced payments only 

upon certification of officials, designated by the Secretary, that 

such payments are considered to be in the public interest. 

Section 102 makes appropriations for the Department for Salaries and Expenses available for hire of passenger motor vehicles, 

for services, and for uniforms and allowances as authorized by law. 

Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requiring notification to the Committee of certain actions. 

Section 104 provides that any costs incurred by the Department 

in response to funding reductions shall be absorbed within the total 

budgetary resources available to the Department and shall be subject to the reprogramming limitations set forth in this Act. 

Section 105 extends Congressional notification requirements for 

NOAA satellite programs. 

Section 106 provides for reimbursement for services within Department of Commerce buildings. 

Section 107 clarifies that grant recipients under the Department 

of Commerce may continue to deter child pornography, copyright 

infringement, or any other unlawful activity over their networks. 

Section 108 provides the Administrator with the authority to 

avail NOAA of needed resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA. 

(RESCISSION)

Section 109 rescinds all balances in the Coastal Zone 

Management Fund. 

Section 110 establishes a fisheries enforcement asset forfeiture 

fund as requested. 

Section 111 establishes a sanctuaries enforcement asset forfeiture fund as requested. 

Section 112 establishes a new reporting requirement requiring 

Commerce to notify the committee of any official travel to China, 


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and the purpose of that travel, by any employees of the Department. 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $72,338,000 for Department of Justice (DOJ), General Administration, Salaries and Expenses, which 

is $45,913,000 below fiscal year 2011 and $61,887,000 below the request. 

Terrorism.—Terrorism continues to represent a significant threat 

to our national security, and the Department continues to play a 

lead role in shaping and implementing the Nation’s counterterrorism investigation, detention, interrogation and prosecution policies. In December 2010, the Director of National Intelligence released an assessment that 150 former Guantanamo detainees are 

confirmed or suspected of reengaging in terrorist or insurgent activities, a 25 percent increase over previously reported levels. The 

number of confirmed recidivists increased from 27 to 81. The Committee directs the Department to report to the Committee by January 15, 2012, relaying the most up-to-date statistics on recidivism 

among former Guantanamo detainees, and the implications of 

those statistics for policies, programs and activities going forward. 

In addition, the Committee is concerned that the lack of a current 

policy on terrorist detention may be a disincentive to the capture 

and interrogation of terrorist suspects, thereby depriving the Department and other agencies of critical intelligence that could inform and improve counterterrorism efforts. The Committee directs 

the Department to provide to the Committee, by November 15, 

2011, an unclassified report on U.S. detention policy, including the 

legal basis for such policy, as it applies to current and future terrorism detainees. 

Prison Rape Elimination Act (PREA).—The Committee is very 

disappointed in the Department’s failure to publish the national 

standards for PREA, which by law were due to be adopted more 

than one year ago. During that period more than 216,000 adults 

and minors have been sexually assaulted in U.S. prisons, according 

to the Department’s own statistics. The Committee directs the Department of Justice to publish, as soon as possible, a final rule 

adopting national standards for the detection, prevention, reduction, and punishment of prison rape, as mandated by the PREA, 

and to continue efforts to provide assistance in the form of training, 

technical assistance, and implementation grants to assist State, 

local, and tribal jurisdictions in achieving compliance with the 

PREA national standards. The Committee reminds DOJ that PREA 

makes it clear that DOJ should assist States in ensuring that 

budgetary circumstances do not compromise efforts to protect inmates. 

With respect to auditing PREA compliance, the Committee 

strongly encourages the Department to follow the recommendations 

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lines an audit process that promotes transparency as well as accountability. Specifically, the Commission requires independent audits to measure compliance with its standards at least every three 

years. The Committee agrees with the Commission that the independence of the auditor is of the utmost importance. The Committee believes that the Office of the Inspector General would be 

the most credible entity within the Department to oversee the process of selecting an auditor. The Committee strongly encourages the 

Department to promulgate a rule that acknowledges that an auditor must have unfettered access to all parts of the facility, as well 

as all documents, staff, and prisoners, and which requires agencies 

to publish the auditor’s report on its Web site or otherwise make 

it easily available to the public. The Committee believes that these 

actions will serve the critical purpose of prompting intervention 

when audits show an agency struggling or failing to prevent sexual 

abuse. 

Additionally, the Committee concurs with the Commission’s 

standard that requires correctional facilities to make use of cost-effective and appropriate monitoring technologies to aid staff supervision by assessing, at least annually, the need for and feasibility 

of incorporating additional monitoring equipment or new technologies into correctional facilities. Because cameras discourage 

prisoners and staff from engaging in abuse, increase the number of 

areas that staff can monitor at one time, and can capture misconduct or abuse on video, the Committee expects the Department 

to adopt this recommendation as well. 

Obscenity enforcement.—The Committee is concerned that the 

Department’s incorporation of the responsibilities of the Obscenity 

Prosecution Task Force into the Child Exploitation and Obscenity 

Section of the Criminal Division may weaken adult obscenity enforcement. The Task Force was designed to draw upon the expertise of several other Criminal Division sections, such as the Organized Crime and Racketeering Section (now known as the Organized Crime and Gang Section), the Asset Forfeiture and Money 

Laundering Section, and the Computer Crime and Intellectual 

Property Section. The Committee supports the work of the Department in investigating and prosecuting major producers and distributors of hardcore adult pornography that meets the test for obscenity, as defined by the Supreme Court, and expects that the responsibilities that had been assigned to the Task Force will not be 

diminished by this reorganization. The Committee believes that 

targeted enforcement of adult obscenity is necessary to protect the 

welfare of families and children as traffickers in illegal adult obscenity extend their influence through advances in technology. The 

Committee directs the Department to submit a report within 90 

days of the enactment of this Act on its adult obscenity investigation and prosecution workload statistics and accomplishments, including a comparison of workload statistics and accomplishments 

during the existence of the Obscenity Prosecution Task Force, and 

in the period of time following its incorporation into the Child Exploitation and Obscenity Section of the Criminal Division. 

Explosives investigations.—The Committee notes that the Federal 

Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, 

Firearms and Explosives (ATF) both have jurisdiction over explosives investigations. The Office of Inspector General (OIG) and the 


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Government Accountability Office have both identified this overlapping jurisdiction as a potential source of cost savings and efficiency 

if duplicative activities were to be eliminated. In response to the 

OIG report, the Acting Deputy Attorney General issued a protocol 

in 2010 for assigning lead agency jurisdiction in explosives investigations, which also directed the ATF and FBI to conduct assessments of explosives operations and make recommendations for consolidating and eliminating redundancies. The Committee directs 

the Department to submit a report within 60 days of enactment of 

this Act on all recommendations made and steps taken, or planned 

to be taken, to implement those recommendations. Each action 

identified in the report should be accompanied by a cost savings estimate. The Committee expects this report to include efficiency improvements in determining jurisdiction, explosives training, facilities, explosives labs, and explosives databases. The report shall 

also be submitted concurrently to the OIG. 

Gulf Cost Claims Facility.—The Committee is aware of the ongoing controversy regarding the payment of claims to victims of the 

Deepwater Horizon oil spill under the Gulf Coast Claims Facility 

(GCCF) and the Department’s concerns regarding the application of 

appropriate standards for the GCCF under existing Federal law. 

The Committee appreciates the testimony of the Attorney General 

that DOJ will do as much as it can to make sure that the claims 

process works for the residents of the Gulf Coast. To ensure that 

the GCCF is operating in accordance with the letter and intent of 

existing law, and in a timely, transparent and consistent manner, 

the Committee directs the Department, in consultation with the 

Government Accountability Office (GAO), to identify an independent auditor to evaluate GCCF’s claims determination methodologies and the qualifications of GCCF personnel. 

Legislative affairs.—The Office of Legislative Affairs rarely provides information proactively, and its reactive responses to requests 

for information are not timely. In most circumstances, the Committee is more likely to get information about significant DOJ 

issues from the media or from other government agencies than 

from the Department itself. There appears to be a policy within the 

Administration to withhold information, regardless of the source of 

the request or its context. When the Administration follows this 

path, the Committee is forced to pursue its business without exchanging ideas and information with the Department, and the result is often a less favorable outcome for the Department itself. 

JUSTICE INFORMATION SHARING TECHNOLOGY

The Committee recommends $44,307,000 for Justice Information 

Sharing Technology, which is $15,857,000 below fiscal year 2011 

and $10,000,000 below the request. 

LAW ENFORCEMENT WIRELESS COMMUNICATIONS

The Committee recommends $99,800,000 for Law Enforcement 

Wireless Communications, which is the same as fiscal year 2011 

and $2,951,000 below the request. 

The Committee understands that until the Department completely migrates from its legacy wideband systems to a standardsbased land mobile radio system that is digital narrowband, secure 

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gorithms and which provides over-the-air rekeying capability, the 

need to be backward compatible with existing DOJ systems will 

continue to exist. The Committee further understands that complicating the Department’s adoption of standards-based systems is the 

fact that P25 (the current public safety voluntary, industry driven 

standard) is many years in the making and still not yet complete. 

Within such constraints, the Committee expects DOJ to utilize full 

and open contracting and procurement procedures to the greatest 

extent possible. The Committee encourages the Department to leverage the technologies it has deployed in the national capital region’s Integrated Wireless Network as it considers future deployments in other regions. 

ADMINISTRATIVE REVIEW AND APPEALS

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $300,084,000 for the Executive Office for Immigration Review (EOIR) and the Office of the Pardon 

Attorney, which is the same as fiscal year 2011 and $32,499,000 

below the request. 

Legal Orientation Program.—The Committee expects that EOIR 

will continue its highly successful Legal Orientation Program 

(LOP). LOP educates detained aliens about the immigration court 

process, how to determine if they are eligible for immigration relief 

or for an expedited removal process, and how to obtain legal representation or represent themselves. A 2008 Vera Institute of Justice study found that LOP participants conclude their immigration 

court cases an average of 13 days sooner than alien detainees who 

do not receive LOP assistance. The Committee encourages EOIR to 

dedicate funds to LOP, as necessary and available, to ensure the 

continuation of this program. 

DETENTION TRUSTEE

The Committee recommends $1,515,626,000 for the Office of the 

Federal Detention Trustee (OFDT), which is the same as fiscal year 

2011 and $79,734,000 below the request. 

The Committee is aware that OFDT’s resource needs are directly 

impacted by law enforcement and prosecutorial priorities, such as 

increases in immigration enforcement by the Department of Homeland Security and efforts to combat drug and gun smuggling along 

the Southwest border. The Committee expects the OFDT to keep 

the Committee apprised of changes in average daily population 

forecasts so that resource requirements for fiscal year 2012 can be 

verified and refined, particularly with regard to impacts of law enforcement initiatives on the Southwest border. The Committee expects the OFDT, within all available resources, to acquire detention 

capacity for Federal detainees as effectively and efficiently as possible, including through Federal facilities, intergovernmental agreements, private jail facilities, and the Capital Improvement Program. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $84,199,000 for the Office of Inspector General (OIG), which is the same as fiscal year 2011 and 

$858,000 below the request. 


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The Committee recommendation includes reporting requirements 

on the FBI’s Sentinel program and overlap and duplication between 

the FBI and ATF on explosives investigations. Both reports will be 

concurrently submitted to the OIG for review and follow-up comment to the Committee. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $12,833,000 for the United States 

Parole Commission, which is the same as fiscal year 2011 and 

$380,000 below the request. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The Committee recommends $841,767,000 for General Legal Activities, which is $21,600,000 below fiscal year 2011 and 

$113,624,000 below the request. This appropriation supports the 

establishment of litigation policy, the conduct of litigation, and 

other legal responsibilities of the Department of Justice through 

the Office of the Solicitor General, the Tax Division, the Criminal 

Division, the Civil Division, the Environment and Natural Resources Division, the Civil Rights Division, the Office of Legal 

Counsel, INTERPOL Washington and the Office of Dispute Resolution. The Committee expects the Criminal Division to prioritize, 

within available resources, prosecution of cases in connection with 

the Project Safe Childhood program. The Committee further expects INTERPOL Washington to prioritize, within available resources, efforts to arrest fugitive sex offenders, track convicted sex 

offenders that travel to foreign countries, combat child sex tourism 

and locate missing and exploited children. 

Human trafficking.—The Committee recommendation includes 

not less than the fiscal year 2011 funding level for the Human 

Trafficking and Slavery Prosecution Unit (HTSPU) in the Civil 

Rights Division to fight human trafficking and slavery. 

Voting rights.—The Committee expects that the Department will 

provide adequate resources to the Civil Rights Division so that the 

Division may thoroughly oversee and enforce activities with respect 

to the Voting Rights Act. Further, the Committee expects that the 

Civil Rights Division will enforce the Voting Rights Act, and all of 

the civil rights laws in its jurisdiction, in a vigorous and evenhanded manner. 

Defense of Marriage Act.—On February 23, 2011, the Attorney 

General notified Congress that the President had determined that 

Section 3 of the Defense of Marriage Act (DOMA) violates the 

Equal Protection component of the Fifth Amendment, and made 

the extraordinary announcement that the Department would refrain from defending its constitutionality. As a result, the Committee recommendation recognizes that resources to support the defense of DOMA and any associated litigation are no longer necessary under this account. Instead, the cost burden for appropriately defending this Federal statute has fallen to the House of 

Representatives. 


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SALARIES AND EXPENSES, ANTITRUST DIVISION

The Committee recommends $162,844,000 for salaries and expenses of the Antitrust Division, which is the same as fiscal year 

2011 and $3,377,000 below the request. The recommended funding 

level is offset by $108,000,000 in fee collections for a net direct appropriation of $54,844,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The Committee recommends $1,930,135,000 for the Executive Office for United States Attorneys (EOUSA) and the 94 United States 

Attorney Offices, which is the same as fiscal year 2011 and 

$65,014,000 below the request. The Committee expects the U.S. Attorneys to prioritize, within available resources, prosecution of 

cases in connection with the Project Safe Childhood program. 

Human trafficking.—Although great strides have been made in 

combating sex trafficking and other forms of human trafficking, 

DOJ can and must do a better job of investigating and prosecuting 

these crimes. Human trafficking is a serious Federal civil rights 

crime and the Committee believes that combating it must be a top 

priority of not only DOJ, but also of State and local governments. 

The Committee recommendation includes language directing each 

U.S. Attorney to establish a regional human trafficking task force. 

The Committee directs such task forces to engage law enforcement, 

elected leadership, civic groups and faith-based groups and to convene quarterly, working-level meetings where Federal, State and 

local law enforcement are represented. Task force meetings should 

focus specifically on combating human trafficking, with an emphasis on undertaking proactive investigations. The Committee directs 

the Department to submit an annual report regarding the work of 

these task forces. 

In addition, the Committee directs the Department of Justice to 

undertake outreach efforts in the form of public notices, such as 

newspaper advertisements, in ethnic communities in the U.S., the 

home countries of which represent the top ten countries with regard to the prevalence of human trafficking activities. These efforts 

shall be designed to increase awareness of what constitutes human 

trafficking crimes and provide information on how assistance can 

be obtained, with the objective being the discovery and rescue of 

victims and the identification and prosecution of offenders. The 

Committee further directs the Department to report to the Committee regarding such outreach efforts. 

UNITED STATES TRUSTEE SYSTEM FUND

The Committee recommends $219,442,000 for the United States 

Trustee Program (USTP), which is $631,000 above fiscal year 2011 

and $14,673,000 below the request. The recommended funding is 

fully offset by fee collections. 

Debtor audits.—The Committee recommendation includes not 

less than the fiscal year 2011 funding level for debtor audits. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The Committee recommends $2,113,000 for the Foreign Claims 

Settlement Commission, which is the same as fiscal year 2011 and 

$11,000 below the request. 


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FEES AND EXPENSES OF WITNESSES

The Committee recommends $270,000,000 for fees and expenses 

of witnesses who appear on behalf of the Government in cases in 

which the United States is a party, which is the same as fiscal year 

2011 and the same as the request. This appropriation is considered 

mandatory for scorekeeping purposes. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

The Committee recommends $11,456,000 for the Community Relations Service, which is the same as fiscal year 2011 and 

$1,511,000 below the request. 

ASSETS FORFEITURE FUND

The Committee recommends $20,948,000 for the Assets Forfeiture Fund, which is the same as fiscal year 2011 and $42,000 

below the request. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The Committee recommends $1,123,511,000 for the United 

States Marshals Service, which is the same as fiscal year 2011 and 

$120,059,000 below the request. The Committee expects the Marshals Service to prioritize, within available resources, sex offender 

apprehension and the continuation of necessary judicial protection 

enhancements for the Southwest border region. 

CONSTRUCTION

The Committee recommends $10,625,000 for construction and related expenses in space controlled, occupied or utilized by the Marshals Service for prisoner holding and related support, which is 

$5,967,000 below fiscal year 2011 and $5,000,000 below the request. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

The Committee recommends $87,762,000 for the National Security Division (NSD), which is the same as fiscal year 2011 and 

$120,000 below the request. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The Committee recommends $527,512,000 for Interagency Crime 

and Drug Enforcement, which is the same as fiscal year 2011 and 

$13,454,000 below the request. 

The interagency program of the Organized Crime Drug Enforcement Task Forces (OCDETF) focuses participants on the mission of 

attacking high-level drug trafficking organizations through coordinated, multi-jurisdictional investigations. 

Southwest border.—The recommendation does not include the requested increase in this account for Southwest border activities, 

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ing funds the continuation of support for Assistant U.S. Attorney 

positions and collocated Strike Forces which were initiated with 

supplemental funding in fiscal year 2010. OCDETF shall submit a 

report showing the planned distribution of personnel (by bureau) to 

each of the collocated Strike Forces. This report shall be submitted 

to the Committee no later than 120 days after the enactment of 

this Act. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The Committee recommends $7,994,991,000 for the Salaries and 

Expenses account of the Federal Bureau of Investigation (FBI), 

which is $175,836,000 above fiscal year 2011 and the same as the 

request. 

Computer intrusions.—The recommendation includes a program increase of $18,628,000 and 42 positions for investigative improvements and protection of infrastructure related to malicious cyber 

intrusions. Attacks against the critical infrastructure in the United 

States represent a significant and growing threat to our national 

and economic security. The increase in funding will enable the FBI 

to proactively combat terrorist use of the Internet, to establish 

24x7 operations at the National Cyber Investigative Joint Task 

Force, and to improve the analysis of digital evidence. The Committee understands that there are currently over 1,400 backlogged 

digital forensics cases, and that the increase provided for fiscal 

year 2012 is expected to address one-third of this backlog. The 

Committee directs the FBI to produce an annual national cyber 

threat assessment, in both classified and unclassified versions, and 

submit such reports to the Committee no later than January 15, 

2012. 

National security.—The recommendation includes program in- creases totaling $48,870,000 and 73 positions to address national 

security threats, including $10,281,000 and 44 positions to increase 

surveillance capabilities related to international terrorism; 

$8,016,000 and 10 positions to support an FBI-wide aggregated, investigative data management system; $16,824,000 and 18 positions 

to support the High-value Detainee Interrogation Group (HIG); 

$6,000,000 to improve accuracy of data and efficiency of processing 

by the Terrorist Screening Center; and $7,749,000 and one position 

for programs designed to analyze and address emerging national 

security threats. 

The Committee understands that the mission of the HIG is to deploy the Nation’s best available interrogation resources against terrorism detainees identified as having access to information with 

the greatest potential to prevent terrorist attacks against the 

United States and its allies. The HIG capability includes the deployment of mobile teams to interrogate subjects, where the primary goal is the collection of intelligence to prevent terrorist attacks. The Committee supports the establishment of dedicated resources to the HIG. The responsibilities of the HIG include the conduct of scientific research to determine the effectiveness of current 

interrogation techniques, and develop new effective, lawful techniques. The Bureau shall submit a report to the Committee by January 15, 2012, detailing the research activities conducted under the 


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auspices of the HIG, the results of such research, and any recommendations for the development of new techniques. 

Electronic surveillance capabilities.—Changes in communications 

technologies are presenting new challenges to law enforcement’s 

ability to access, intercept, collect and process wire or electronic 

communications to which they are lawfully authorized. The recommendation includes program increases totaling $12,466,000 to address such challenges, including $10,463,000 and 13 positions to establish and operate a Domestic Communications Assistance Center, 

which will serve as a hub for the management of knowledge and 

technical expertise regarding lawful electronic surveillance and facilitate the sharing of solutions among Federal, State and local law 

enforcement. 

Weapons of Mass Destruction (WMD)/Render Safe.—The recommendation includes a program increase of $40,000,000 and 13 positions to address the WMD threat. This increase will support the acquisition and refurbishment of two aircraft to carry out the Render 

Safe mission. 

Analytic career path training.—In order to effectively carry out 

its law enforcement and national security missions, the FBI must 

improve intelligence collection, analysis and information sharing. 

The recommendation includes a program increase of $2,486,000 for 

analytic career path training, including specialized training in each 

FBI intelligence discipline, and a mandatory 15-day intermediate 

training course for intelligence analysts. 

Violent crime/gangs.—The recommendation includes a program 

increase of $9,000,000 and 40 positions to bolster existing Safe 

Streets and Safe Trails Task Forces to combat violent crime and 

gang crime. The Bureau shall submit a report to the Committee by 

January 15, 2012, displaying the proposed distribution of these additional resources. 

Human trafficking.—Within funding provided, the Committee expects the Bureau to increase activities related to the investigation 

of severe forms of trafficking in persons. The FBI shall submit a 

report to the Committee no later than 120 days after the enactment of this Act on agent utilization and overall staff resources 

dedicated to trafficking between fiscal years 2010 and 2012. In addition, the Committee expects the Bureau to share trafficking case 

information on an ongoing basis with other law enforcement agencies and task forces working similar cases. 

Southwest border.—The recommended funding level includes an 

increase of $15,892,000 above fiscal year 2011 to continue support 

for the additional positions provided in fiscal year 2010 supplemental appropriations for enhanced Southwest border law enforcement. 

Intellectual property rights (IPR) enforcement.—The Committee 

expects the FBI to continue to prioritize the investigation of intellectual property rights (IPR) cases, and to coordinate with IPR 

units at the U.S. Attorneys and the Criminal Division. The FBI 

shall submit a report on agent utilization and overall staff resources dedicated to investigating intellectual property cases, and 

an accounting of the agents placed in specific field offices since fiscal year 2010. The report shall be submitted to the Committee no 

later than 120 days after the enactment of this Act. 


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Sentinel.—The Committee is concerned by continuing problems 

with the development of the FBI’s case management system, Sentinel. Contract work was stopped last year when the determination 

was made that the desired functionalities could not be delivered 

within the existing budget. The Committee understands that the 

FBI has brought the management of the program in-house and 

adopted a new program management approach. The Committee expects the FBI to continue all necessary periodic oversight reviews 

in accordance with recommendations of the Inspector General. In 

addition, the recommendation includes language under section 213 

requiring the Attorney General to report to the Committee a cost 

and schedule estimate for the final operating capability of the Sentinel program, and a detailed list of the functionalities included in 

the final operating capability. This report will be submitted concurrently to the Department’s Office of Inspector General for their review and comment. 

File inventory.—The FBI is directed to continue supporting its 

nationwide file inventory program at no less than the level provided for this activity in fiscal year 2011. 

DNA programs.—The Committee encourages the FBI to undertake activities to facilitate familial DNA searches of the National 

DNA Index System (NDIS) database of convicted offenders, and 

work with the NDIS Procedures Board to consider the establishment of procedures allowing familial searches only for serious violent and sexual crimes where other investigative leads have been 

exhausted. The procedures should provide appropriate protections 

for the privacy rights of those in the NDIS database. 

White collar crime.—The recommended funding level includes an 

increase of $12,816,000 above fiscal year 2011 to continue support 

for the additional positions provided in fiscal year 2009 to enhance 

the investigation of white collar and financial crime. The Committee expects the FBI to investigate thoroughly complex, high-priority financial and mortgage fraud cases, including those that may 

have contributed to the financial crisis and the crisis in the housing sector. 

Criminal alien identification.—The FBI shall submit a report to 

the Committee by January 15, 2012, detailing the FBI’s participation in Federal interagency information-sharing efforts to identify 

criminal aliens. 

CONSTRUCTION

The Committee recommends $80,982,000 for the construction of 

FBI facilities and related activities, which is $26,113,000 below fiscal year 2011 and the same as the request. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends total budget authority of 

$2,297,658,000 for the Drug Enforcement Administration (DEA), of 

which $322,000,000 is derived from fees deposited in the Diversion 

Control Fund, resulting in a direct appropriation of $1,975,658,000. 

The recommendation is $30,225,000 above the fiscal year 2011 

level, and $56,456,000 below the request. 


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DEA’s mission is to enforce the controlled substances laws and 

regulations of the United States; bring to the criminal and civil justice system those organizations and principal members of organizations involved in the growing, manufacturing or distribution of controlled substances appearing in or destined for illicit traffic in the 

United States; and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets. 

Southwest border and Caribbean enforcement.—The Committee 

expects DEA, within the funding provided, to prioritize resources 

for law enforcement activities on the Southwest border, in Mexico 

and the Caribbean, including continuation of funding for additional 

positions originally provided through supplemental appropriations 

in fiscal years 2009 and 2010, and for the Mexican Sensitive Investigation Unit program. 

Prescription drug abuse.—The number of Americans abusing controlled substance pharmaceuticals far exceeds the number of abusers of cocaine, heroin and hallucinogens combined. The recommendation includes a program increase of $30,885,000 and 124 positions to support regulatory and enforcement activities of the Diversion Control Program, for a total funding level of $322,000,000. All 

funding for the Diversion Control Program is fully offset by fee collections. 

Mobile Enforcement Teams.—The recommendation adopts the 

proposal in the President’s budget to terminate the Mobile Enforcement Teams (MET) program, for a savings of $39,100,000 and 145 

positions. 

Afghanistan operations.—The Committee understands that DEA 

currently has 95 positions in Afghanistan, including 82 permanent 

positions at the Kabul Country Office, 10 Foreign-deployed Advisory and Support Team members that complete 120-day rotations, 

and three pilots. Most of the funding for DEA salaries, benefits, deployments and operations in Afghanistan is currently appropriated 

to the Department of State. The Committee understands that 

amounts transferred to DEA by the Department of State in fiscal 

year 2011 fall short of the amounts needed to continue operations 

and build successful long-term counternarcotics investigation capabilities. In the absence of interagency commitment to funding operations costs for these programs, the Committee encourages DEA to 

examine whether the current personnel presence is justified, and to 

report to the Committee within 30 days of enactment of this Act 

on any proposed personnel reductions, and any corresponding reductions in DEA direct appropriations requirements related to Afghanistan programs. 

Methamphetamine cleanup.—The funding recommendation for 

State and Local Law Enforcement Assistance includes $15,000,000 

for transfer to DEA to assist State, local and tribal law enforcement agencies with the proper removal and disposal of hazardous 

materials at clandestine methamphetamine labs, including funds 

for training, technical assistance, a container program and purchase of equipment. In fiscal year 2010, there were over 10,000 

methamphetamine lab cleanups administered by DEA, an increase 

of 33 percent above the previous year, and the anticipated total for 

fiscal year 2011 is a further increase in the number of cleanups. 


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The funding provided by transfer to DEA for fiscal year 2012 is an 

increase of $6,700,000 above the fiscal year 2011 level. 

Field staffing.—DEA shall provide a report to the Committee by 

January 15, 2012, on personnel vacancy rates, comparing the rates 

among the DEA field divisions, and outlining any incentives or 

mechanisms being used, or planned to be used, to boost recruitment and retention of agents in jurisdictions with higher vacancy 

rates, including in the Caribbean region. 

Synthetic drugs.—The Committee is aware of DEA attention to 

the new and emerging dangers of synthetic drugs. DEA shall submit a report to the Committee by January 15, 2012, detailing its 

plans to address synthetic cannabinoids as well as those other synthetic drugs on DEA’s list of ‘‘drugs and chemicals of concern’’. The 

report should include an explanation of existing DEA authorities to 

fight the spread of synthetic and designer drugs, and an assessment of the adequacy of existing authorities. 

CONSTRUCTION

The Committee recommends $10,000,000 for DEA Construction, 

which is $10,000,000 above fiscal year 2011, and the same as the 

request. 

El Paso Intelligence Center (EPIC).—The high demand within the 

interagency community for space at EPIC demonstrates the value 

it provides to DEA and its law enforcement and intelligence partners. The current facility is already overcrowded, and agencies are 

planning to send still more personnel to EPIC throughout fiscal 

years 2011 and 2012 as law enforcement entities seek to further 

consolidate and coordinate their interdiction, intelligence and investigative activities focused on the Southwest border region. The 

recommended level is intended to support an expansion of the 

EPIC facility, as requested, using semi-permanent structures to accommodate approximately 100 additional staff. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The Committee recommends $1,112,542,000 for the salaries and 

expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which is the same as fiscal year 2011 and $34,753,000 

below the request. 

The recommendation makes permanent a number of funding prohibitions, carried in previous years, related to consolidating 

records, the definition of ‘‘curios and relics,’’ the transfer of ATF 

functions, firearms trace data, physical inventories, retrieval of information by name, and the denial of applications due to a lack of 

business activity. 

Operation Fast and Furious.—The Committee is concerned about 

allegations that ATF allowed suspected or even identified straw 

purchasers to purchase large quantities of firearms as part of a 

long-term gun trafficking investigation known as Operation Fast 

and Furious. The Committee understands that the Attorney General has referred this matter to the Department’s Inspector General (IG) for an investigation, and that there may also be other 

independent and Congressional investigations forthcoming. 


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The Committee is aware that the Attorney General has instructed, and subsequently reiterated, that Department law enforcement personnel are not knowingly to allow any firearms to be 

illegally transported into Mexico for any reason. The Committee expects that it is also the policy of the Department that law enforcement personnel are not knowingly to allow any firearms to be illegally transferred, in the U.S. or elsewhere, unless the arrest of a 

suspect is imminent or surveillance can be maintained for as long 

as necessary to effect an arrest. 

The Committee believes that an outside, independent investigator should be appointed to conduct a thorough investigation of 

the allegations against ATF with respect to Operation Fast and Furious and the policies guiding this and similar operations. The 

Committee expects the Department and ATF to cooperate fully 

with all oversight investigations into Operation Fast and Furious— 

whether by the Inspector General, an independent, governmentappointed investigator, or Congress—by promptly and thoroughly 

responding to all requests for information regarding this matter. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $6,312,410,000 for the salaries and 

expenses of the Federal Prison System, which is $30,000,000 above 

fiscal year 2011 and $411,856,000 below the request. Within the 

amounts provided, the Committee expects the Bureau of Prisons 

(BOP) to prioritize the activation of facilities where construction is 

complete and activation can relieve overcrowding at existing facilities. The Committee further expects BOP to prioritize, within available resources, sex offender management, as required by the Adam 

Walsh Child Protection and Safety Act of 2006. 

Counterterrorism activities.—The Committee recommendation includes funds for BOP’s counterterrorism activities, including the 

monitoring and translation of the communications of incarcerated 

terrorists and the dissemination of information, as appropriate, to 

law enforcement agencies. 

Radicalization in Federal prisons.—The Committee understands 

that in April 2004 the Inspector General (IG) published a report 

entitled, A Review of the Bureau of Prisons’ Selection of Muslim Religious Services Providers. In this report, the IG recommended that 

BOP conduct an inventory of chapel books and videos, re-screen 

them to confirm that they are permissible under BOP security policies, and maintain a central registry of acceptable materials. The 

Committee is aware that BOP’s registry currently includes sermons 

entitled: The Bible: Truth or Altered by the White Man?, Conspiracy 

of the International Bankers, Conspiracy of the U.S. Government, 

Controversy with Jews, and Which One Will You Choose, the Flag 

of Islam or the Flag of America? The Committee instructs the Department to take the necessary actions to eliminate prisoner access 

to radicalizing material, and directs the Department to submit a 

report on its maintenance of such central registry and the processes employed to ensure that potentially radicalizing materials are 

not included. 


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Reentry research.—The Committee believes it is imperative that 

experts at BOP and outside the government fully understand the 

drivers of population, costs and recidivism so that overcrowding, 

costs and recidivism can be addressed. The Committee encourages 

BOP to undertake a comprehensive analysis of its policies and determine the reforms and best practices that will help reduce spending and recidivism. The Committee is aware that most state corrections systems began their reform process by providing outside experts with corrections data in order to obtain a comprehensive 

analysis. The Committee appreciates that the former Director committed to contributing large volumes of data to the review process, 

and encourages the Bureau to build upon these efforts. 

Work in prisons.—Increasing work opportunities for Federal prisoners is an important priority of the Committee. Every prisoner 

should have a job. Statistics from the Bureau of Prisons indicate 

that inmates who participate in work programs are 24 percent less 

likely to offend again, 14 percent more likely to find work outside 

of prison, and 23 percent less likely to have misconduct issues in 

prison. The BOP shall report to the Committee by January 15, 

2012, on actions taken and planned to increase meaningful work 

opportunities available to inmates. 

Sentence reduction opportunities.—The Committee is aware that 

the Department has developed two proposals to amend the statutory law on Federal inmate good conduct time to provide inmates 

additional incentives to encourage positive behavior. The first proposal would increase good time credit availability by seven days per 

year. The second proposal would provide incentives for participation in recidivism-reducing programming. If enacted, these changes 

could potentially result in a cost avoidance, assumed in the recommendation, of $41 million by slowing the rate of inmate population 

growth. The Committee encourages BOP to work with the authorizing committees on these and other proposals that reduce both recidivism and appropriations requirements to secure support for 

passage of this legislation. 

Contract confinement.—The Committee expects the BOP to meet 

bed space needs using State, local and private prison capacity, if 

these facilities meet BOP’s standards. BOP is encouraged to solicit 

proposals in a manner that allows for an optimal level of competition so that BOP’s requirements can be met and the best value can 

be achieved. 

BUILDINGS AND FACILITIES

The Committee recommends $98,957,000 for the construction, acquisition, modernization, maintenance, and repair of prison and detention facilities housing Federal inmates, which is the same as fiscal year 2011 and $437,000 below the request. 

The Committee directs the BOP to continue to provide a monthly 

status of construction report, and to notify the Committee of any 

deviation from the construction and activation schedule identified 

in that report. 


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LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

The Committee recommends a limitation on administrative expenses of $2,700,000 for Federal Prison Industries, Incorporated, 

which is the same as fiscal year 2011 and the same as the request. 

Federal Prison Industries.—In addition to its function as a reentry tool, the Committee believes that Federal Prison Industries, 

if allowed to enter into partnerships with private businesses, could 

bring some lost manufacturing back into the United States while 

providing inmates with opportunities to learn skills that will be 

marketable after release. Therefore, language is included under 

section 219 of the bill to allow Federal Prison Industries to carry 

out pilot projects to produce items not currently produced in the 

United States. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

In total, the Committee recommends $1,747,533,000 for State 

and local law enforcement and crime prevention grant programs. 

The recommendation consolidates such programs into the following 

accounts: Violence Against Women Prevention and Prosecution Programs; Research, Evaluation and Statistics; State and Local Law 

Enforcement Assistance; and Public Safety Officer Benefits. Some 

programs funded under Juvenile Justice and Community Oriented 

Policing Services in previous years are included under different 

headings in this new account structure. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

The Committee recommends $437,663,000 for the Office on Violence Against Women (OVW), which is $20,000,000 above fiscal 

year 2011 and $5,913,000 above the request. These funds are distributed as follows: 

Program Recommended 

STOP Grants ................................................................................................................................................... $210,000,000 

Transitional Housing Assistance ........................................................................................................... (18,000,000 ) 

Research & Evaluation on Violence Against Women ............................................................................ (3,000,000 ) 

Grants to Encourage Arrest Policies .............................................................................................................. 55,000,000 

Sexual Assault Victims Services .................................................................................................................... 20,000,000 

Rural Domestic Violence & Child Abuse Enforcement .................................................................................. 41,000,000 

Violence on College Campuses ...................................................................................................................... 9,500,000 

Civil Legal Assistance .................................................................................................................................... 41,000,000 

Elder Abuse Grant Program ........................................................................................................................... 4,250,000 

Safe Havens Program ..................................................................................................................................... 11,663,000 

Education & Training for Disabled Female Victims ...................................................................................... 5,750,000 

Court Training and Improvements Program .................................................................................................. 5,000,000 

Research on Violence Against Indian Women ............................................................................................... 1,000,000 

Engaging Men and Youth in Prevention ........................................................................................................ 3,000,000 

Services for Children/Youth Exposed to Violence .......................................................................................... 3,000,000 

Advocates for Youth/Services for Youth Victims (STARY) ............................................................................. 3,500,000 

Supporting Teens through Education and Protection program ..................................................................... 2,500,000 

National Resource Center on Workplace Responses ...................................................................................... 1,000,000 

Indian Country—Sexual Assault Clearinghouse ............................................................................................ 500,000 

OVW Program Management and Administration ........................................................................................... 20,000,000 

TOTAL, Office on Violence Against Women ........................................................................................... $437,663,000 


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Children exposed to violence.—The Committee recommendation 

includes $3,000,000, for a competitive program known as Children 

and Youth Exposed to Violence. The program provides grants for 

projects that seek to mitigate the effects of domestic violence, dating violence, sexual assault, and stalking on children and youth exposed to violence and reduce the risk of future victimization or perpetration of such crimes. The funding will support projects that 

provide services for children including direct counseling, advocacy, 

and mentoring, and promote coordination between domestic violence and sexual assault programs. 

OFFICE OF JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

The Committee recommends $182,585,000 for Research, Evaluation and Statistics, which is $51,945,000 below fiscal year 2011 and 

$4,085,000 above the request. These funds are distributed as follows: 

Program Recommended 

Bureau of Justice Statistics ............................................................................................................................. $46,585,000 

National Institute of Justice ............................................................................................................................. 41,000,000 

Regional information sharing .......................................................................................................................... 25,000,000 

Missing and exploited children ........................................................................................................................ 70,000,000 

TOTAL, Research, Evaluation and Statistics ........................................................................................... $182,585,000 

Domestic radicalization.—The Committee is pleased that DOJ is 

committed to utilizing a portion of its resources to address the 

issue of domestic radicalization, a national security challenge that 

must be confronted. According to the Congressional Research Service, there have been 43 homegrown jihadist terrorist plots and attacks since 9/11, including 22 plots or attacks since May 2009. As 

U.S. government officials, law enforcement and community leaders 

seek to understand and combat this emerging challenge, the Committee believes that the National Institute of Justice (NIJ) can play 

a critical role in examining the drivers of domestic radicalization 

and defining the role of State and local law enforcement in breaking the radicalization and recruitment cycle that sustains terrorism. In addition to the base NIJ resources provided under this 

heading, $5,000,000 is provided under the State and Local Enforcement Assistance account for such research. 

National Law Enforcement and Corrections Technology Centers.—The Committee continues to support the National Law Enforcement and Corrections Technology Centers, a network of facilities and capabilities that converts technology to law enforcement 

use. The Centers provide actual casework assistance when highly 

specialized technologies are required, and help in identifying and 

locating high quality technologies and equipment for law enforcement use. The recommendation continues the current year level of 

funding for the Centers. 

Advances in forensic sciences.—The Committee is aware of research efforts that have provided new tools to law enforcement 

agencies by using unique skin pigmentation patterns and unique 

vein patterns to positively identify suspects from photographs. 

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fication like this and validate the methods’ findings for broader use 

in law enforcement and homeland security. As the National Academy of Sciences found in the 2009 report entitled, Strengthening 

Forensic Science in the United States, there is a need for ongoing 

research and testing to ensure the improvement and success of our 

forensic sciences. Accordingly, the Committee urges the Department to promote rigorous standards and best practices for the forensic sciences and to support innovative technologies that may 

offer valuable new tools for public safety agencies. 

Regional information sharing activities.—The Committee recommendation includes $25,000,000 for regional information sharing 

activities, which is $7,500,000 above the request. 

Missing and exploited children/Internet Crimes Against Children 

(ICAC).—The Committee is aware that one way the Office of Justice Programs (OJP) addresses the proliferation of internet crimes 

against children is through its ICAC Task Forces. These task forces 

help State and local law enforcement agencies develop an effective 

response to cyber enticement and child pornography cases. In fiscal 

year 2010, ICAC Task Forces identified 2,168 child victims through 

ICAC investigations, reviewed 6,459 complaints of internet predator traveler/child enticement, and made over 5,311 arrests of individuals who sexually exploit children—bringing the arrest total to 

23,708 since 1998. To continue to build on this success, the Committee encourages the Department to fund programs with proven 

training results and low administrative costs. 

Spending plans.—The Committee directs the Department to include in the Department’s fiscal year 2012 spending plan, a plan 

for the use of all funding administered by the National Institute of 

Justice and the Bureau of Justice Statistics, respectively, and a 

plan for the use of funds provided for missing and exploited children programs. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The Committee recommends $1,048,985,000 for State and Local 

Law Enforcement Assistance programs, which is $68,860,000 below 

fiscal year 2011 and $124,515,000 below the request. These funds 

are distributed as follows: 

Program Recommended 

Byrne Memorial Justice Assistance Grants .................................................................................................... $357,265,000 

Domestic Radicalization Research ........................................................................................................ (5,000,000 ) 

Criminal Justice Reform and Recidivism Reduction ............................................................................ (6,000,000 ) 

Presidential Nominating Convention Security ....................................................................................... (4,000,000 ) 

Southwest Border Prosecutions ...................................................................................................................... 25,730,000 

Byrne Competitive Grants .............................................................................................................................. 15,000,000 

Missing Alzheimer’s Patient Grants ............................................................................................................... 2,000,000 

Victims of Trafficking Grants ......................................................................................................................... 10,500,000 

Drug Courts .................................................................................................................................................... 40,000,000 

Prescription Drug Monitoring ......................................................................................................................... 7,000,000 

Prison Rape Prevention and Prosecution ....................................................................................................... 12,500,000 

Residential Substance Abuse Treatment ....................................................................................................... 15,000,000 

Wrongful Conviction Review ........................................................................................................................... 1,000,000 

Mentally Ill Offender Act ................................................................................................................................ 9,960,000 

Tribal Assistance ............................................................................................................................................ 41,500,000 

Tribal Prison Construction ..................................................................................................................... (8,300,000 ) 

Indian Tribal Courts .............................................................................................................................. (20,750,000 ) 

Indian Alcohol and Substance Abuse grants ....................................................................................... (9,960,000 ) 

Legal Assistance ................................................................................................................................... (2,490,000 ) 

Economic, High-tech and Cybercrime Prevention .......................................................................................... 4,000,000 


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Program Recommended 

CASA—Special Advocates .............................................................................................................................. 6,000,000 

Bullet-Proof Vests ........................................................................................................................................... 24,900,000 

National Instant Criminal Background Check System .................................................................................. 5,000,000 

Criminal Records Upgrade ............................................................................................................................. 6,000,000 

Second Chance Act/Offender Reentry ............................................................................................................ 70,000,000 

Juvenile Justice State Formula Grants ........................................................................................................... 40,000,000 

Juvenile Justice Youth Mentoring Grants ....................................................................................................... 83,000,000 

Investigation and Prosecution Of Child Abuse .............................................................................................. 15,000,000 

Methamphetamine Lab Cleanups .................................................................................................................. 15,000,000 

Transfer to DEA ..................................................................................................................................... (15,000,000 ) 

DNA Initiative ................................................................................................................................................. 133,630,000 

Debbie Smith DNA Backlog grants ....................................................................................................... (125,330,000 ) 

Post-Conviction DNA Testing grants ..................................................................................................... (4,150,000 ) 

Sexual Assault Forensic Exam Program grants .................................................................................... (4,150,000 ) 

Tribal Law Enforcement ................................................................................................................................. 20,000,000 

Child Sexual Predator program ...................................................................................................................... 9,000,000 

OJP Program Management and Administration ............................................................................................. 80,000,000 

TOTAL, State & Local Law Enforcement Assistance ............................................................................. $1,048,985,000 

Edward Byrne Memorial Justice Assistance Grant (JAG) program.—The recommendation includes $357,265,000 for the Byrne/ 

JAG program. Funding under this formula program is authorized 

for law enforcement programs; prosecution and court programs; 

prevention and education programs; corrections programs; drug 

treatment and enforcement programs; planning, evaluation, and 

technology improvement programs; and crime victim and witness 

programs, other than compensation. Within the amount provided, 

$6,000,000 is for criminal justice reform and recidivism reduction 

efforts, $5,000,000 is for research on domestic radicalization, and 

$4,000,000 is for initial local law enforcement costs related to preparations for the 2012 presidential nominating conventions. With regard to the conventions, the Committee notes that the Department 

failed to request any funding for this activity, and expects that future budget requests will address additional resource requirements 

associated with convention security. 

Byrne competitive grants.—The recommendation includes 

$15,000,000 for competitive grants to improve the functioning of 

the criminal justice system, prevent or combat juvenile delinquency, and assist victims of crime. The Committee is greatly concerned about the spike in ambush-style assaults that have taken 

the lives of many law enforcement officers in recent months, and 

urges OJP to consider supporting training and technical assistance 

efforts designed to ensure officer resilience and survivability following violent encounters in the course of their duties. 

Evidence-based programs.—The Committee strongly urges the 

Department to ensure that, to the greatest extent practicable, competitive grants are used for evidence-based programs and activities. 

Southwest border.—The Committee recognizes the need for additional resources in the Southwest border States as State and local 

governments struggle to respond to increasing crime and drug trafficking threats. The Committee recommendation includes funding 

through the Byrne Justice Assistance Grant program for such costs 

as overtime for State and local law enforcement personnel and 

operational funding for special response teams. The recommendation also includes $25,730,000 for the Southwest Border Prosecutions program, which reimburses State, local, and tribal governments for costs associated with the prosecution of Federally-initiVerDate Mar 15 2010 08:02 Jul 21, 2011 Jkt 067429 PO 00000 Frm 00062 Fmt 6659 Sfmt 6602 E:\HR\OC\HR169.XXX HR169

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ated and referred criminal drug and alien cases declined by local 

U.S. Attorneys. No funding was requested for this program for fiscal year 2012. In addition, the Committee encourages the Department to consider the law enforcement needs in this region in the 

awarding of grants under the competitive grant programs funded 

under this heading. 

Gang violence.—Gangs remain a significant threat to public safety in the United States. The Committee is pleased that the Department has a comprehensive plan to combat gangs and recognizes the 

critical importance of State and local law enforcement and community groups working in a coordinated fashion against gang violence. 

Accordingly, the Committee encourages OJP, when awarding competitive grants to improve the functioning of the criminal justice 

system, to give weight to the contributions made by gang task 

forces with enforcement, prevention and intervention components, 

as well as regional strategic plans, to the Department’s overall 

gang strategy. 

Human trafficking.—The Committee recommendation includes 

$10,500,000 for services for victims of human trafficking, and for 

task force activities, which is $500,000 above the request. The 

United States is a destination country for thousands of men, 

women, and children trafficked largely from Mexico and East Asia, 

as well as countries in South Asia, Central America, Africa, and 

Europe, for the purposes of sexual and labor exploitation. As trafficking victims are subjected to many forms of physical, mental, 

and sexual abuse, victims need various types of assistance to begin 

healing and recovery including counseling, housing, medical care, 

support groups, and legal assistance. According to NIJ, the Department of Justice has funded 42 jurisdictions and 36 trafficking victim services providers to form human trafficking task forces to 

identify and rescue victims of trafficking by proactively investigating such cases. The Committee expects that these task forces 

will continue to bring together Federal, State and local law enforcement and victim services organizations to investigate all forms of 

human trafficking and assist the victims. The Committee encourages the Department to continue to support services for U.S. citizens, permanent residents, and foreign nationals who are victims 

of trafficking through the funding provided. 

Drug courts.—The Committee recommendation includes 

$40,000,000 for drug courts, which is $2,724,700 above the fiscal 

year 2011 level. Drug courts help reduce recidivism and substance 

abuse among non-violent offenders and increase an offender’s likelihood of successful rehabilitation through intense, judicially-supervised treatment, mandatory periodic drug testing, community supervision, and appropriate sanctions. The Department proposed replacing this program with a new Problem Solving Courts initiative. 

Prescription drug monitoring.—The Committee recommendation 

includes $7,000,000 for the Prescription Drug Monitoring Program, 

which is $7,000,000 above the request. The Prescription Drug Monitoring Program assists states in planning, establishing or enhancing electronic databases which collect data on controlled substances 

that are dispensed. 

Economic, high-technology and cybercrime.—The Committee recommendation includes $4,000,000 for the Economic, High-technology, and Cybercrime Prevention program, which is $4,000,000 


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above the request. The Committee encourages the Department to 

assist State and local agencies with the prevention, investigation 

and prosecution of intellectual property crimes. This program, administered by the Bureau of Justice Assistance (BJA), provides 

competitive grants to support and train State and local public safety agencies to combat intellectual property crimes such as counterfeiting and piracy. 

National Instant Criminal Background Check System (NICS).— According to OJP, jurisdictions continue to struggle with meeting 

the eligibility requirements mandated by the NICS Improvement 

Amendments Act. At present, only nine States are eligible for 

grants. The recommended funding level reflects the fact that there 

is a significant amount of carry-over funds available for obligation 

under this program. 

Reentry.—The recommendation includes $70,000,000 for Second 

Chance Act grants. As the Committee’s series of hearings on reentry have illustrated, despite a dramatic increase in corrections 

spending over the past two decades, re-incarceration rates for people released from prison are largely unchanged. This trend is both 

financially and socially unsustainable, yet case studies of innovative, evidence-based practices provide a strong indication that it 

can be reversed. The Committee has reached out to the States and 

State attorneys general to share the report of the National Summit 

on Justice Reinvestment and Public Safety and to encourage States 

to consider how the reinvestment strategies highlighted in the report can be adapted to use in their own corrections systems. The 

Committee urges OJP to build on these efforts by assisting in the 

development of State reentry councils in order to foster State-level 

advancements in reentry and recidivism reduction. The Committee 

instructs the Department to submit a spending plan with respect 

to funds appropriated for Second Chance Act programs within 60 

days of enactment of this Act. Such spending plan shall designate 

funds for proven, evidenced-based programs that will further the 

goal of maximizing the public safety impact of limited taxpayer resources. 

Youth mentoring.—The recommendation includes $83,000,000 for 

youth mentoring grants, which is $38,000,000 above the request. 

The Committee expects the Department to include providers of intensive youth mentoring activities associated with non-profit, longterm, residential substance abuse treatment programs focused on 

juveniles involved with the criminal justice system among the eligible entities for youth mentoring grants. 

Improving the investigation and prosecution of child abuse.—The 

Committee recommendation includes $15,000,000 for programs authorized under the Victims of Child Abuse Act, including grants for 

technical assistance and training for professionals involved in investigating, prosecuting and treating child abuse. The Committee 

recognizes that communities throughout the country are reporting 

increasing instances, and more severe cases, of child abuse, neglect, 

and in some cases avoidable death. Ultimately, many of these tragedies can be avoided by increasing access to proven, preventative 

services. The Committee also recognizes that child abuse and neglect are serious public health problems impacting 900,000 American children on an annual basis, which is over 2 percent of children nationally. The Committee requests that the Department subVerDate Mar 15 2010 08:02 Jul 21, 2011 Jkt 067429 PO 00000 Frm 00064 Fmt 6659 Sfmt 6602 E:\HR\OC\HR169.XXX HR169

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mit a report on the feasibility of establishing a national parent 

helpline to expand access for families in need of counseling or parental support groups. 

Sex offender location, arrest and prosecution.—The Committee 

recommendation includes $9,000,000 for grants to assist in the location, arrest and prosecution of child sexual predators, and to enforce sex offender registration laws, including grants for sex offender management assistance and for the National Sex Offender 

Public Web site. The Committee directs the Department to include, 

in the Department’s fiscal year 2012 spending plan, a plan for the 

use of all funding appropriated for these purposes. 

Methamphetamine cleanup.—The Committee recommendation includes $15,000,000 for anti-methamphetamine-related activities, 

which shall be transferred to the DEA to assist State, local and 

tribal law enforcement agencies with the proper removal and disposal of hazardous materials at clandestine methamphetamine 

labs, and provide for training, technical assistance, a container program and the purchase of equipment. The recommendation is 

$15,000,000 above the request. 

DNA backlog elimination.—The Committee recommendation includes $133,630,000 for DNA-related and forensic programs and activities, which is $23,630,000 above the request. Within the funding 

provided, the Committee provides $4,150,000 each for Post-Conviction DNA Testing grants and Sexual Assault Forensic Exam Program grants. The Committee expects that OJP will make funding 

for DNA analysis and capacity enhancement a priority to meet the 

purposes of the Debbie Smith DNA Backlog Grant Program. The 

Committee directs the Department to submit a spending plan with 

respect to funds appropriated for DNA-related and forensic programs, and a report on the alignment of appropriated funds with 

the authorized purposes of the Debbie Smith DNA Backlog Grant 

Program, within 60 days of enactment of this Act. 

Cyberbullying.—The Committee is concerned about children’s 

Internet safety and cyberbullying in particular. The Committee encourages the Department to work with law enforcement officers, 

community leaders, social media providers and other Internet service providers to find ways to help prevent cyberbullying and promote safe and responsible Internet use, including by recommending 

that victims report bullying incidents to Internet service providers 

(ISPs) and website moderators. 

PUBLIC SAFETY OFFICER BENEFITS

The Committee recommends a total of $78,300,000 for the Public 

Safety Officer Benefits program, which is $8,218,000 above the fiscal year 2011 level and the same as the request. Within the funds 

provided, $62,000,000 is for death benefits for survivors, an amount 

estimated by the Congressional Budget Office that is considered 

mandatory for scorekeeping purposes. Also within the total, 

$16,300,000 is recommended, as requested, for disability benefits 

for public safety officers who are permanently and totally disabled 

as a result of a catastrophic injury, and for education benefits for 

the spouses and children of officers who are killed in the line of 

duty or who are permanently and totally disabled as a result of a 

catastrophic injury sustained in the line of duty. 


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GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee has included the following general provisions for 

the Department of Justice in this bill: 

Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided 

in this title. 

Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape or to preserve the life of the mother. 

Section 203 prohibits the use of funds to require any person to 

perform or facilitate the performance of an abortion. 

Section 204 establishes the obligation of the Director of the Bureau of Prisons to provide escort services to an inmate receiving an 

abortion outside of a Federal facility, except where this obligation 

conflicts with the preceding section. 

Section 205 establishes the Committee’s requirements and procedures for transfer proposals. 

Section 206 authorizes the Attorney General to extend an ongoing Personnel Management Demonstration Project. 

Section 207 extends specified authorities to the Bureau of Alcohol, Tobacco, Firearms and Explosives for undercover operations. 

Section 208 prohibits the use of funds for transporting prisoners 

classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure. 

Section 209 prohibits the use of funds for the purchase or rental 

by Federal prisons of audiovisual equipment, services and materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious, or educational purposes. 

Section 210 requires review by the Deputy Attorney General and 

the Department Investment Review Board prior to the obligation or 

expenditure of funds for major information technology projects. 

Section 211 requires the Department to follow reprogramming 

procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided 

in previous years. 

Section 212 prohibits the use of funds for A–76 competitions for 

work performed by employees of the Bureau of Prisons or Federal 

Prison Industries, Inc. 

Section 213 requires a cost and schedule report on the Sentinel 

program. 

Section 214 permits up to 3 percent of grant and reimbursement 

program funds made available to the Office of Justice Programs to 

be used for training and technical assistance and permits up to 1 

percent of formula grant funds made available to that office to be 

used for criminal justice research, evaluation and statistics. 

Section 215 gives the Attorney General the authority to waive 

matching requirements for Second Chance Act adult and juvenile 

reentry demonstration projects; state, tribal and local reentry 

courts; and drug treatment programs. 

Section 216 requires reporting on the costs and contracting procedures for DOJ conferences whose costs to the Government exceed 

$20,000. 

Section 217 provides the Attorney General authority to waive 

certain reporting requirements for localities applying for Byrne 


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Justice Assistance grants in fiscal year 2012 upon demonstrating 

that they had met previous reporting requirements and agree to 

begin to report timely data on part I violent crimes of the Uniform 

Crime Reports to the Federal Bureau of Investigation by the end 

of fiscal year 2012. 

Section 218 waives the requirement that the Attorney General 

reserve certain funds from amounts provided for offender incarceration. 

Section 219 allows Federal Prison Industries (FPI) to participate 

in the Prison Industries Enhancement Certification program and 

allows FPI to carry out pilot projects to produce items that are no 

longer produced in the United States. 

TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

The Committee recommends $3,000,000 for the Office of Science 

and Technology Policy (OSTP), which is $3,647,000 below fiscal 

year 2011 and $3,650,000 below the request. 

Coordination with China.—OSTP has chosen to disregard a 

strong and unambiguous legislative prohibition on bilateral engagement with China or Chinese-owned companies that was included in 

the Department of Defense and Full Year Continuing Resolution 

Act, 2011 (Public Law 112–10). OSTP and the White House raised 

no concerns about this language while it was under consideration. 

Only after the Committee asked OSTP about its compliance with 

the provision did OSTP claim that the language infringed on Constitutional prerogatives and acknowledge an intention to proceed 

with prohibited activities. Even then key information about a 

scheduled bilateral event was omitted. OSTP’s behavior demonstrates a lack of respect for the policy and oversight roles of the 

Congress. 

STEM education.—OSTP’s remaining funds shall be prioritized 

toward its efforts to coordinate and improve government programs 

designed to increase interest and proficiency in science, technology, 

engineering and mathematics (STEM) education. The Committee is 

especially interested in OSTP’s ongoing effort to create an inventory of Federal STEM education programs for purposes of identifying synergies and redundancies and promoting the development 

of a coordinated, multiyear STEM education strategic plan. 

In addition to improving the management and effectiveness of 

STEM programs, the Committee believes that OSTP needs to increase its efforts to ensure that education policymakers and practitioners in States and localities have access to the research and 

findings generated by those Federal programs. A significant 

amount of useful information exists on best practices and promising new STEM educational approaches, but the willingness and 

ability of agencies to broadly disseminate that information to interested parties seems to vary widely. The formulation of a comprehensive policy on dissemination (including a clear designation of 

agency responsibilities) and a concerted effort to encourage dissemination across programs could greatly increase the implementation and replication of effective STEM practices in schools around 


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the country. The Committee expects that OSTP will take all necessary steps to integrate dissemination goals and policies into its 

STEM education strategic plan. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

The Committee recommends $16,810,257,000 for the National 

Aeronautics and Space Administration (NASA), which is 

$1,637,771,000 below fiscal year 2011 and $1,914,043,000 below the 

request. 

After several years of debate and compromise, the Congress and 

the Administration have finally settled on a consensus program for 

NASA in the form of the NASA Authorization Act of 2010 (Public 

Law 111–278). In order to successfully accomplish everything outlined in that Act, NASA needs to develop and pursue new and different ways of operating that will promote efficiency and economy; 

annual budget increases can no longer be counted on as the means 

for achieving mission goals. 

The new reality of constrained budgets, however, does not mean 

that NASA cannot or will not continue to make significant achievements in science, exploration and other areas. The Committee’s fiscal year 2012 recommendation supports high priority scientific research missions; maintains aeronautics research and testing activities; formally establishes a new program to develop next-generation 

space technology; maintains current investments in the development of commercial crew capabilities while also funding implementation of NASA’s own Multipurpose Crew Vehicle (MPCV) and 

Space Launch System (SLS); continues operations of the International Space Station and the closeout of obligations from the Space 

Shuttle program; promotes STEM education through a streamlined 

portfolio of programs; and sustains general agency mission operations and oversight. 

GAO assessments of large scale projects.—The Fiscal Year 2008 

Consolidated Appropriations Act (Public Law 110–161) mandated 

that GAO report on the status of large-scale projects at NASA, and 

the Committee now anticipates these reports biannually. The Committee directs NASA to cooperate fully and to provide timely program analysis, evaluation data and other relevant information to 

the GAO so that it can conduct its reviews and meet the congressional mandate. Such information includes, but is not limited to, 

copies of preliminary cost estimates; access to relevant online agency applications, databases, and web portals; and access to information from contractor and agency personnel. 

Cost estimation.—NASA often blames its cost overruns on the 

complex and unique development work conducted by its mission directorates, but, with proper cost estimation, the inherent risk in 

NASA’s work can be accounted for and its budgets controlled. The 

adoption of a joint cost and schedule confidence level (JCL) approach and a requirement for budgets to be formulated at a 70 percent JCL are positive steps for improving cost estimates, but the 

integrity of these policies is undermined by NASA’s willingness to 

make exceptions and allow projects to move forward at lower confidence levels. The Committee urges NASA to discontinue the exception policy and strictly hold all projects to the 70 percent standard. 


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To improve the Committee’s oversight of NASA’s cost estimates, 

NASA is directed to include in its fiscal year 2013 budget justification the confidence level assumed in the proposed funding level for 

each major project; whether the confidence level is a traditional estimate or a JCL; whether any project activities were excluded from 

the calculation of the confidence level and, if so, why; and, if an exception has been provided to move forward below the 70 percent 

standard, a full justification for that decision and an explanation 

for how the additional risk is being mitigated. 

Cost control.—Without improvements in project management, 

NASA will be unable to hold to even its most rigorous cost estimates. One such management improvement recommended by GAO 

is the imposition of a standard design metric to measure projects’ 

progress at crucial points in the development life cycle. This metric 

would allow NASA to objectively assess design stability and minimize costly changes late in development. The Committee understands that NASA does not want to use the metric originally proposed by GAO, but that should not prevent NASA from settling on 

an acceptable metric and implementing it consistently. Accordingly, 

the Committee directs the NASA Chief Engineer to (1) develop a 

common set of measurable and proven criteria to assess design stability; and (2) amend NASA’s systems engineering policy to incorporate the criteria within 120 days after enactment of this Act. 

Breach reporting.—Pursuant to section 103 of the NASA Authorization Act of 2005 (Public Law 109–155), NASA is required to deliver several notifications and reports to the appropriate authorizing committees when project costs or schedules grow in excess of 

established thresholds. NASA is directed to submit concurrently to 

the Committee on Appropriations the notifications and reports required by section 103. 

The Committee notes, however, that NASA’s reports pursuant to 

section 103 are often lacking in detail and, as such, often do not 

serve the intended purposes of the Congress. Specifically, the Committee finds that NASA’s reports generally contain only a cursory 

explanation for why cost and/or schedule parameters have been 

breached and are not responsive to the requirements to address the 

impact of these overruns on other NASA programs or to consider 

a broad range of alternatives to the program. For example, the 

‘‘broad range of alternatives’’ section of a typical NASA report does 

not contain any substantive discussion of options like descoping the 

program, bringing on a partner agency to share costs, or funding 

other activities by cancelling the program and reallocating its 

budget. Instead, NASA preempts any consideration of such alternatives by simply declaring that other options would not meet the 

program’s research goals in a cost effective manner. 

NASA needs to revise its reports to be less focused on defending 

the program in breach and more focused on providing information 

on causes, impacts and options that the Committee needs in order 

to make informed decisions about how to proceed. Therefore, the 

Committee directs NASA to undertake a review of its processes and 

procedures for creating its breach reports and to make the necessary improvements to ensure that these reports fully address the 

intended purpose of section 103. NASA should report to the Committee within 90 days of the enactment of this Act on the steps it 

has taken to improve its breach reports. 


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Workforce transition.—Last year, NASA, in collaboration with 

the Department of Commerce, commissioned a survey of hundreds 

of aerospace companies to obtain data on the health and competitiveness of the sector and the impact on those companies of the significant changes in NASA’s human exploration programs. The Congress would find this data very useful in assessing the adequacy of 

NASA’s workforce transition activities, as well as for projecting future labor needs at NASA and the other Federal agencies who 

share a common industrial base. Although NASA has had access to 

the survey results for some time, the Workforce Transition Strategy report that outlines the results and describes how they have 

been integrated into NASA’s labor planning has not yet been submitted to the Congress. NASA is urged to submit this report as 

soon as possible so that the Committee can make use of its conclusions in oversight and appropriations actions. 

The Committee directs NASA to continue aggressive efforts to 

ensure a seamless employment transition for Space Shuttle program employees. These efforts should include the provision of individualized assistance for affected employees (civil servants and contractors) to ensure that they have access to all necessary training 

and skills development opportunities; notices of employment openings within NASA or known openings in other government agencies 

or the private sector; and information about potential non-employment options, such as early retirement or unemployment benefits. 

NASA should make a particular effort to reach out to other government agencies with active aerospace programs, such as the Department of Defense, in order to match departing employees with new 

potential employers. 

NASA is also directed to report to the Committee by September 

30, 2012 with comprehensive outcome data on the Shuttle workforce. Those data should include the number of Shuttle workers 

who departed from the agency or one of its prime contractors prior 

to August 31, 2012; an accounting of how many of those departed 

employees received individualized transition assistance from NASA 

prior to their departure; and a breakdown of post-Shuttle employment status for those employees as of August 31, 2012 (retired, unemployed, moved within NASA, moved to a different government 

agency). 

Budget structure.—The NASA budget structure has changed far 

too many times over the last several years. Regularly creating new 

accounts and shifting programs among accounts complicate efforts 

to make multiyear funding comparisons and obscure long-term 

funding trends. The bill adopts NASA’s proposal to create a new account for Space Technology because this is the completion of a realignment that has been underway for some time. The Committee 

expects this to be the last such structural change for the foreseeable future. 

Reprogramming notifications.—Rather than including a detailed 

table showing the recommended levels for each individual project 

and activity proposed in the budget request, the Committee has 

chosen to provide a table that focuses more generally at the theme 

and program level with a limited amount of additional detail. This 

will permit NASA some discretion to allocate available funds according to the most urgent priorities and needs at the time of the 

submission of the spending plan required by section 537 of this Act. 


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The spending plan should be presented at the traditional level of 

detail down to the activity level. The plan itself and any subsequent changes made to the established spending plan amounts that 

meet the notification requirements of section 505 of this Act should 

be reported to the Committee via the notification procedures outlined in that section. 

The Committee’s table of recommendations for NASA is delineated below. Additional detail may be found under the relevant account headings. 

Theme, Program, Project or Activity Recommended 

($000) 

Science ............................................................................................................................................................. $4,504,000 

Earth Science .......................................................................................................................................... 1,699,000 

Planetary Science .................................................................................................................................... 1,500,000 

Astrophysics ............................................................................................................................................. 683,000 

James Webb Space Telescope ................................................................................................................. — 

Heliophysics ............................................................................................................................................. 622,000 

Aeronautics ....................................................................................................................................................... 569,930 

Space Technology ............................................................................................................................................. 375,000 

Exploration ........................................................................................................................................................ 3,649,000 

Human Exploration Capabilities .............................................................................................................. 3,048,000 

Multipurpose Crew Vehicle ............................................................................................................. 1,063,000 

Space Launch System .................................................................................................................... 1,985,000 

Commercial Spaceflight .......................................................................................................................... 312,000 

Exploration Research and Development .................................................................................................. 289,000 

Space Operations ............................................................................................................................................. 4,064,000 

Space Shuttle .......................................................................................................................................... 548,000 

International Space Station .................................................................................................................... 2,767,000 

Space and Flight Support ....................................................................................................................... 749,000 

Education .......................................................................................................................................................... 138,000 

Aerospace Research and Career Development ....................................................................................... 35,900 

NASA Space Grant .......................................................................................................................... 26,700 

EPSCoR ........................................................................................................................................... 9,200 

STEM Education and Accountability ....................................................................................................... 102,100 

Minority University Research Education Program .......................................................................... 31,400 

STEM Education and Accountability Projects ................................................................................ 70,700 

Cross Agency Support ...................................................................................................................................... 3,050,000 

Construction and Environmental Compliance and Restoration ....................................................................... 424,000 

Office of Inspector General .............................................................................................................................. 36,327 

Total, NASA .............................................................................................................................................. $16,810,257 

SCIENCE

The Committee recommends $4,504,000,000 for Science, which is 

$431,409,000 below fiscal year 2011 and $512,800,000 below the request. 

Earth Science missions.—The Committee recommendation includes a reduction of $100,000,000 below the request for Earth 

Science activities. While the Committee supports Earth Science 

functions, this area has rapidly grown over the past few fiscal 

years, and the current constrained fiscal environment simply cannot sustain the spending patterns envisioned by NASA in this field. 

The Committee has not included detailed, line-item reductions 

within the Earth Science portfolio. Instead, NASA should propose 

such reductions as part of the spending plan required by section 

537 of this Act. In proposing reductions, NASA should take care to 

protect, to the extent possible, high priority missions of the Earth 

Science decadal survey, including Ice, Cloud, and land Elevation 


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Satellite-2, the Soil Moisture Active-Passive mission, and the Deformation, Ecosystem Structure and Dynamics of Ice mission, as 

well as missions with near-term launch readiness dates. In addition, NASA should be careful to propose a funding portfolio that 

maintains an essential balance between actual spaceflight projects 

and the critical mission-enabling activities (research and data analysis, data application, etc.) that support and enhance the value of 

those projects. 

Planetary Science missions.—The Committee accepts the findings 

of the most recent Planetary Science decadal survey and supports 

the application of the survey’s decision rules to determine how best 

to structure the program within the available budget. The program 

elements most significantly impacted by these decision rules are 

the flagship missions, which must be substantially descoped in 

order to remain within the portfolio. The Committee directs that 

$4,000,000 of the Outer Planets Flagship (OPF) budget be used to 

conduct the necessary descoping studies for the decadal survey’s 

two highest priority flagship missions: Mars Sample Return (MSR) 

and the Jupiter Europa Orbiter (JEO). The results of these studies 

shall be transmitted to the Committee as soon as they are complete. The remaining $39,000,000 of OPF funds should be held 

pending the completion of the descoping analysis and, depending 

on the results, either used in support of an acceptably descoped 

flagship mission or proposed for reprogramming to other Planetary 

Science project lines in accordance with the decadal survey’s decision rules. 

Plutonium-238.—The bill makes available $10,000,000 from this 

account, as requested, to restart production of Plutonium-238 (Pu238), a radioisotope that is an essential source of electrical power 

for long-range planetary science missions. The Committee urges 

NASA to work expeditiously with the Department of Energy to 

bring Pu-238 production back online as quickly as possible while simultaneously pursuing Advanced Stirling Radioisotope Generator 

technology that will allow NASA to make better, more efficient use 

of available Pu-238 stocks. 

James Webb Space Telescope.—The James Webb Space Telescope 

(JWST) Independent Comprehensive Review Panel revealed chronic 

and deeply rooted management problems in the JWST project. 

These issues led to the project cost being underestimated by as 

much as $1,400,000,000 relative to the most recent baseline, and 

the budget could continue to rise depending on the final launch 

date determination. Although JWST is a particularly serious example, significant cost overruns are commonplace at NASA, and the 

Committee believes that the underlying causes will never be fully 

addressed if the Congress does not establish clear consequences for 

failing to meet budget and schedule expectations. The Committee 

recommendation provides no funding for JWST in fiscal year 2012. 

The Committee believes that this step will ultimately benefit 

NASA by setting a cost discipline example for other projects and 

by relieving the enormous pressure that JWST was placing on 

NASA’s ability to pursue other science missions. 


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AERONAUTICS

The Committee recommends $569,930,000 for Aeronautics, which 

is $36,000,000 above fiscal year 2011 and $530,000 above the request. 

Research priorities.—The Committee recognizes the significant 

economic impact of NASA’s aeronautics research, which increases 

the competitiveness of the American aviation industry, enables new 

job-creating technologies and improves the efficiency of domestic 

travel and commerce. To continue advancing innovative technical 

concepts, NASA has proposed a program plan to address critical research needs focusing on airspace capacity, environmental sustainability and aviation safety. The Committee supports this plan, including NASA’s discretion to descope hypersonic research activities 

if the determination is made that increasing investments in other 

research areas is a higher priority. 

Industry consultation.—The Aeronautics Research Mission Directorate has recently initiated an industry roundtable process to promote senior level interaction between NASA and aviation industry 

leadership. These meetings, which supplement existing mechanisms for consultation, will allow industry leaders to provide input 

on major challenges and opportunities for future integrated research activities. The Committee supports this initiative and directs NASA to provide the Committee with biannual updates on 

the activities and findings of the industry roundtables. 

SPACE TECHNOLOGY

The Committee recommends $375,000,000 for Space Technology, 

which is $649,200,000 below the request. This is a new account in 

fiscal year 2012. Funding for space technology activities was included in the Exploration, Cross Agency Support and Space Operations accounts in previous years. Funding under this heading consists of numerous existing activities, including the Small Business 

Innovative Research (SBIR) program, the Small Business Technology Transfer (STTR) program, and significant portions of the 

Exploration Technology Development and Demonstration (ETDD) 

program, as well as some newly evolving cross cutting activities. 

Program scale.—The Committee supports the concepts underlying the Space Technology request, as well as the structure of the 

proposed program. Its competitive nature, projectized approach and 

balance between technologies of differing readiness levels seem 

likely to produce innovative ideas that will benefit NASA, other 

Federal agencies and the commercial sector. 

However, the Committee believes that NASA’s proposal to more 

than triple the size of this program over the course of two fiscal 

years is premature. NASA has yet to complete a full year managing these activities as a consolidated portfolio, and the technology roadmaps that are intended to guide and prioritize its investments are still in draft form and under external review by the 

National Research Council (NRC). In addition, NASA does not yet 

appear to have a sustainable budgetary plan for absorbing a new 

program of such significant size without causing damage to other 

necessary activities. The Committee expects that NASA will use 

fiscal year 2012 to address these outstanding issues, which will put 


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the program in a stronger position to seek additional resources in 

future requests. 

Exploration technology development priorities.—The recommendation adopts NASA’s proposal to consolidate a majority of the 

ETDD programs with other technology development efforts in this 

account. ETDD has a very specific purpose and a very specific customer base, however, and it is critical that the management of 

ETDD funds continues to reflect the needs of that customer base 

in the Exploration Systems Mission Directorate. 

EXPLORATION

The Committee recommends $3,649,000,000 for Exploration, which is $151,683,000 below fiscal year 2011 and $299,700,000 

below the request. 

Human exploration capabilities.—The Committee recommends 

funding above the request for the MPCV and SLS programs to help 

ensure that NASA can meet the programmatic deadlines contained 

in the most recent NASA authorization bill. The Committee recommends $1,063,000,000 for the MPCV and $1,985,000,000 for the 

SLS. The Committee notes that Administration delays in providing 

key details on designs, contracts, budgets and schedules have hindered the development of funding recommendations. The Committee expects such information to be provided immediately. 

These funds are intended for the actual design and development 

of the vehicles themselves, although the Committee acknowledges 

that NASA has legitimate needs for related expenses such as civil 

service oversight, program integration, ground operations and mission operations. NASA should take all possible steps to minimize 

the impact of these expenses on the MPCV and SLS programs by 

revalidating and streamlining each related expense and seeking acceptable funding sources for these expenses outside of the Human 

Exploration Capabilities line. In order to facilitate the Committee’s 

oversight of NASA’s ‘‘taxation’’ of the MPCV and SLS budgets for 

these related expenses, NASA’s spending plan should clearly 

itemize all costs under both the MPCV and SLS programs that are 

not directly tied to actual vehicle design and development and provide a justification for why those expenses cannot be addressed 

elsewhere or deferred. 

SLS development.—The Committee understands NASA’s stated 

desire to initially field a 70–100 metric ton vehicle that would be 

evolved over time to the full 130 metric ton SLS. To the extent that 

flying a smaller vehicle can be achieved faster and will minimize 

the gap in our national human spaceflight capabilities, the Committee does not object to this proposal. However, the focus on initially flying a smaller vehicle cannot distract NASA from fulfilling 

its legal obligation to design the SLS from inception as a 130 metric ton vehicle and to proceed with simultaneous development of 

the core and upper stages. NASA is also directed to ensure that the 

work done on the 70–100 metric ton vehicle will be applicable to 

the 130 metric ton SLS. NASA should not expend funds on design 

or development of a smaller vehicle that does not add value to the 

overall SLS effort. 

MPCV development.—A test flight is a major upcoming milestone 

in the MPCV development plan, but NASA has not yet articulated 

a proposal for how that test flight will occur. Ideally, the MPCV 


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would be test flown on an early version of the SLS, which would 

allow NASA to validate concepts and gather important data on 

each vehicle simultaneously. Because MPCV is significantly further 

along in the development process, however, this may be difficult to 

achieve in a timely manner. The Committee does not want NASA 

to spend money on a launch vehicle for the MPCV test flight that 

will add no practical value to the SLS development effort, but, if 

such an occurrence is deemed necessary for the continuation of 

progress in the MPCV program, the costs of procuring that launch 

vehicle and executing the test flight should be borne by the MPCV 

budget. 

Exploration destinations.—NASA’s stated intention is to pursue 

a capabilities-based approach to human exploration, which means 

that the direction of the program will be driven by what technologies are available at a particular time. While this approach 

may offer some advantages in terms of flexibility, it also lacks the 

clearly defined goals that have historically driven space exploration 

achievements. Specific, aggressive goals are necessary both to focus 

the program and to provide a common vision around which public 

and political support can be rallied. Consequently, the Committee 

urges NASA to adopt a destination-based approach to exploration 

that would designate a specific target location, such as the Moon, 

to drive development decisions and timelines going forward. 

Commercial cargo.—The Committee understands that commercial cargo activities in fiscal year 2012 will be funded with carryover from prior years. Therefore, no additional funding is provided 

in this Act for commercial cargo purposes. To aid the Committee’s 

oversight of the progress made in commercial cargo to date, NASA 

is directed to provide to the Committee a list of the milestones met 

and not met for each recipient of commercial cargo program funding, as well as the amount of funding distributed to each recipient. 

This report shall be submitted no later than 120 days after the enactment of this Act. 

Commercial crew.—For commercial crew development activities, 

the Committee recommends $312,000,000, which is the same as fiscal year 2011. The Committee preserved funds for this activity to 

reduce the risk of relying solely on Russia for ISS access and to address the need for the United States to establish a domestic means 

of access to low Earth orbit. The sizable increase proposed in the 

budget request, however, was premature given the still-undefined 

acquisition strategy for the Commercial Crew Development Round 

3 (CCDev 3) awards and the uncertainty behind assumptions about 

pricing, schedule, market demand, flight opportunities and other 

economic factors that are essentially unknowable at this time. 

Given the likely decrease in the number of CCDev 3 awards that 

will be made at this funding level relative to the request, NASA is 

encouraged to make use of unfunded Space Act Agreements to 

maximize the number of commercial partners who stay engaged 

with the program and remain in contention for an eventual service 

contract. 

For any acquisition strategy developed for CCDev3, NASA is encouraged to consider the potential contributions of women-, 

minority- and veteran-owned firms. 

Robotic precursor missions.—Out of necessity, the Committee’s 

recommendation adopts NASA’s proposal to delay the start of the 


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robotic precursor mission program for another fiscal year. The 

Committee is concerned, however, that continued delays will eventually impact NASA’s long-term readiness for exploration missions 

beyond low Earth orbit, which may require robotic scouting and 

validation of destinations and landing sites. In order to jumpstart 

even a minimal level of robotic precursor activity, the Exploration 

Systems Mission Directorate is encouraged to work with the 

Science Mission Directorate to identify possible science missions 

that could serve as flights of opportunity for robotic precursor payloads. Flights of opportunity should only be pursued, however, if 

the addition of the robotic precursor activity does not negatively 

impact the overall program budget or launch schedule for the 

science mission in question. 

SPACE OPERATIONS

The Committee recommends $4,064,000,000 for Space Oper- ations, which is $1,433,483,000 below fiscal year 2011 and 

$282,900,000 below the request. 

Space Shuttle.—The recommendation includes a total of 

$548,000,000 for the Space Shuttle program. Based on the actuarial estimates provided with the budget submission, this amount 

should be sufficient to cover NASA’s liability pursuant to the termination of the pension plan under the Space Program Operations 

Contract. If the final calculated pension shortfall is less than this 

amount, any extra funding should be used to defray other Space 

Shuttle transition and retirement costs. 

International Space Station.—The extension of International 

Space Station (ISS) operations to 2020 comes at a cost of nearly 

$3,000,000,000 per year. To make this investment worthwhile, 

NASA needs to ensure that the Station’s research capabilities are 

maximized. The Committee understands that the strategic target 

for maximum NASA research utilization (35 hours of crew time per 

week) will be reached during 2012 and directs NASA to keep the 

Committee apprised of progress toward that goal. 

Non-NASA research activities will be coordinated by the nonprofit manager of the ISS National Lab, who will receive NASA 

funding support in fiscal year 2012 and, likely, several years thereafter. The Committee believes that the nonprofit manager should 

ultimately be a self-funding entity and that all necessary steps 

should be taken to reduce the manager’s overhead costs in order 

to maximize funding available for ISS National Lab research 

grants. 

Launch Services Program.—NASA is facing an increasingly challenging launch vehicle procurement environment. There is no certified medium class vehicle to fill the gap left by the retirement of 

the Delta II, and a series of recent launch failures has called into 

question the continuing availability of other commonly used vehicles. While these factors decrease the number of vehicle options 

available to NASA, the costs of remaining options under the NASA 

Launch Services II (NLS–II) contract have continued to increase 

due to uncertainty of demand from both NASA and the Department 

of Defense. The Committee does not believe that NASA’s budget 

sufficiently reflects the risks associated with these challenges, 

which could lead to significant cost overruns for science missions 

in fiscal year 2012 and beyond. 


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As NASA works to resolve these issues, the Science and Space 

Operations Mission Directorates shall jointly prepare biannual status reports for the Committee. These reports shall address and provide justifications for: (1) any changes made to the NLS–II contract, including additions or deletions of vehicles or modifications 

to vehicle pricing and terms; (2) trends in actual launch vehicle 

pricing as vehicles are selected for missions in development; and (3) 

selections or changes of launch vehicles for missions in formulation 

or development. 

Human spaceflight study.—The NRC is currently conducting a 

study on the appropriate role and size of NASA’s Human 

Spaceflight Office after the retirement of the Shuttle and the completion of the ISS. NASA is directed to submit a copy of this report 

to the Committee as soon as it becomes available. NASA should include with the report a response to and assessment of the findings 

of the NRC. 

21st Century Launch Complex (21CLC).—NASA requested ap- proximately $60,000,000 of 21CLC funding within the Space Operations account for construction-related activities. The funding belongs, however, in the Construction and Environmental Compliance 

and Restoration (CECR) account, which was created exclusively for 

construction needs. The Committee has therefore provided these 

funds directly under the CECR heading, along with other programmatic construction of facilities requirements. 

Orbiter disposition.—NASA is directed to submit quarterly reports to the Committee on the status of its disposition of the four 

Space Shuttle orbiters. Those reports should include (1) expected 

dates of the physical transfer of each orbiter to its final destination; 

(2) the total cost to NASA (net of any contribution made by the orbiter recipient) for the storage, preparation and transport of each 

orbiter; (3) details on how each orbiter will be physically moved 

and a plan for ensuring the safety of the orbiters in transit; (4) a 

description of each recipient’s physical and educational plan for displaying its orbiter; and (5) notification if any orbiter recipient has 

failed to meet a financial or physical milestone to which it had 

committed as a condition of orbiter receipt and, if so, an action plan 

for how NASA and the recipient will address that missed milestone. 

If at any time NASA determines that a recipient cannot or will 

not meet the milestones (financial or physical) to which it committed as a condition of orbiter receipt, NASA should immediately 

notify the Committee and provide a proposed course of action. 

EDUCATION

The Committee recommends $138,000,000 for Education, which 

is $7,508,000 below fiscal year 2011 and $400,000 below the request. 

Education Design Team (EDT) findings and recommendations.— 

The Committee supports the EDT’s efforts to improve the Education program’s impact, management and organization. The Committee’s recommendation adopts the EDT’s first major proposal, 

which restructures and streamlines the Education portfolio. This 

change will provide NASA the funding flexibility needed to implement new and strategic education concepts as they are developed. 

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ties of the EDT Implementation Working Groups as they continue 

to refine the activity portfolio and the program’s management. 

Duplication of effort.—GAO recently determined that STEM education is an area of government activity at high risk of programmatic duplication and inefficiency due to the large number of 

agencies working on similar tasks. The Committee encourages 

NASA to continue cooperating with follow-up reviews by GAO and 

OSTP to identify and minimize all areas of duplication with other 

agencies. NASA should also continue pursuing enhanced strategic 

coordination within NASA itself (between education program officials at Headquarters, in the mission directorates and at the centers) in order to eliminate any intra-agency duplication of effort. By 

maintaining a focus on unique, value-added programs and promoting management efficiency, NASA can continue to achieve its 

education goals despite a slight reduction in the Education funding 

level. 

Aerospace Research and Career Development.—The recommended 

level includes $35,900,000 for NASA Space Grant and the Experimental Program to Stimulate Competitive Research (EPSCoR). The 

Committee supports both Space Grant and EPSCoR but has adjusted funding levels to ensure that the overall Education portfolio 

maintains balance between a variety of programs and activities. 

The Committee urges NASA to minimize any associated administrative costs in order to maximize funding available for programmatic purposes. In furtherance of administrative cost oversight, NASA is directed to include in the spending plan prepared 

pursuant to section 537 of this Act an accounting of its administrative costs for both Space Grant and EPSCoR. 

CROSS AGENCY SUPPORT

The Committee recommends $3,050,000,000 for Cross Agency Support (CAS), which is $55,177,000 below fiscal year 2011 and 

$142,000,000 below the request. 

Civil service labor.—The Committee is troubled by NASA’s CAS 

request, which carries funding for as many as 700 programmatic 

FTE that have not been allocated to a mission directorate. The fact 

that NASA has so many FTE without a readily identified purpose 

implies either significant overcapacity or significant management 

issues impeding the timely allocation of civil service labor. The 

Committee directs NASA to revalidate its need for these FTE and, 

for those determined to be mission-essential, to propose a realignment to the appropriate directorates as soon as possible. 

This realignment of unallocated FTE will especially impact the 

Space Operations and Exploration Systems Mission Directorates, 

making the information provided to the Committee to date about 

the civil service labor needs of these programs inaccurate. Therefore, NASA should also include in its realignment proposal for the 

unallocated FTE a listing of the total post-realignment civil service 

FTE and associated personnel costs for each program line within 

those directorates. 

Cybersecurity.—The Committee remains concerned by the persistence of significant vulnerabilities in NASA’s information technology systems, including those systems that control spacecraft and 

maintain critical data sources. Even more troubling is the Office of 

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mation Officer (CIO) lacks sufficient authority to mandate the implementation of security procedures and corrections across the 

agency. Without such authority, there is no means to ensure a consistent and comprehensive agency-wide approach to cybersecurity. 

NASA is directed, therefore, to work with the OIG to construct and 

implement an administrative remedy that will appropriately empower the CIO on security issues and to report to the Committee 

within 180 days of the enactment of this Act on the actions taken 

pursuant to this directive. 

Independent Verification and Validation (IV&V).—Within the 

marginal increase requested for mission support operations, NASA 

has proposed a significant decrease for IV&V, which is a crucial 

element of the Safety and Mission Success program. The Committee supports the IV&V program and believes that NASA should 

make the continuation of current and planned IV&V work a priority. In order to accomplish that continuity of service with a smaller dedicated IV&V budget in fiscal year 2012, NASA is directed to 

fund any IV&V shortfall from within the mission directorates that 

make use of IV&V services. These realignments are intended to be 

a short term solution. Over the long run, the IV&V program cannot 

be dependent on funding from the projects being assessed or it runs 

the risk of losing its objective independent perspective. The Committee expects NASA to address this issue with the submission of 

its fiscal year 2013 budget request. 

Acquisition workforce.—NASA’s acquisition capabilities have not 

kept pace with its workload, leading to difficulties meeting the required throughput of contract awards and increases in the number 

of protests filed. In order to help address these challenges, NASA 

may use up to $3,600,000 of funds provided under this heading to 

increase the agency’s acquisition workforce capacity and capabilities. 

Budget justifications.—The Committee directs NASA to make 

changes in the content of its annual congressional budget justification (CJ) in order to make it easier to use and more informative. 

These changes include, but are not limited to: (1) normalizing all 

tables so that budget data presented across multiple years are directly comparable; (2) providing a listing, with associated dollar 

amounts, of all activities included in each of the ‘‘Other missions 

and data analysis’’ lines; (3) standardizing a cost threshold that 

will dictate which projects are described separately in the narrative; (4) consolidating the information about each project so that 

it is no longer spread out among semi-duplicative sections in the 

summary, project narratives and Major Program Annual Report; 

(5) providing cost estimate ranges for all projects in formulation 

that have entered Phase B of the project life cycle; (6) providing an 

accounting of cumulative budget authority to date for all projects 

in formulation and those in development; and (7) standardizing and 

significantly expanding the information presented for each major 

project to include additional discussion of development milestones, 

obligation plans, major contracts and changes in cost and schedule 

parameters. NASA is directed to work with the Committee to come 

to agreement on a full list of specific changes that should be implemented in the fiscal year 2013 CJ and all future CJs. 

Center operations.—NASA is directed to report to the Committee 

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erating costs of any NASA office not located on the property of a 

NASA center. This report, which should cover the previous five fiscal years, should be submitted no later than 120 days after the enactment of this Act. 

Propulsion Research Laboratory.—NASA is directed to report to 

the Committee on its plans for utilization of its Propulsion Research Laboratory. This report shall be submitted no later than 120 

days after the enactment of this Act. 

Background investigations.—All members of the NASA workforce, including both civil servants and contractors, should be appropriately and regularly screened to validate their right to access 

NASA physical or virtual resources. Although NASA’s security procedures have been challenged in court, those procedures were recently confirmed by the Supreme Court and, as such, the Committee expects that NASA will continue with their implementation 

as soon as any final issues are addressed on remand. 

Comprehensive independent assessment.—The Committee has 

been frustrated by the uncertainty of leadership within the Administration on space policy and the resulting lack of focus within 

NASA itself. It is time for NASA to recommit itself to a bold vision 

for the future that will restore the sense of purpose and urgency 

that existed at the agency during the eras of its finest achievements. Accordingly, the Committee recommendation includes 

$1,000,000, which shall be for transfer to the OIG, to commission 

a comprehensive independent assessment of NASA’s strategic direction and agency management. 

NASA regularly receives management and programmatic recommendations from GAO, OIG and various commissions and other entities, as well as outside advice on scientific and technical priorities 

from the National Academies. While each of these reviews is useful 

on its own, they are all targeted to a specific issue or program and 

therefore do not provide a comprehensive assessment of NASA’s activities. The Committee believes that such an agency-wide assessment will provide a means to evaluate whether NASA’s overall 

strategic direction remains viable and whether agency management 

is optimized to support that direction. 

The assessment should consider the relevance and feasibility of 

NASA’s strategic goals; the appropriateness of the budgetary balance between NASA’s various programs; and the adequacy of 

NASA’s internal policies, procedures and organizational structures 

that underpin its mission activities. Any recommendations made 

pursuant to the assessment should be predicated on the assumption that NASA’s outyear budget profile will be constrained due to 

continuing deficit reduction efforts. Such recommendations should 

also take into account the need for a common, unifying vision for 

NASA’s strategic direction. A report summarizing the conclusions 

of the assessment and any relevant recommendations shall be provided to the Congress and the President no later than 120 days 

after the enactment of this Act. 

To conduct this assessment, the Inspector General shall choose 

individuals with recognized relevant expertise and whose collective 

credentials sufficiently cover the whole range of NASA’s mission activities, including space or Earth science; aeronautics; advanced 

technology development; space exploration; spaceflight operations 

and support; STEM education; and/or management of any of these 


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activities. In order to promote objectivity, the Inspector General 

shall define and implement any conflict of interest protocols 

deemed necessary, but, at a minimum, the selected individuals 

shall not be currently employed or retained by NASA or any outside entity that competes for or receives NASA funding. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

The Committee recommends $424,000,000 for CECR, which is 

$30,489,000 above fiscal year 2011 and $26,400,000 below the request. 

Integrated facilities master planning.—The Committee supports 

NASA’s ongoing efforts to develop an agency-wide master plan to 

integrate center-based and institutional facilities needs and priorities. NASA is directed to provide the integrated master plan to the 

Committee as soon as it is complete. 

Facilities planning and design.—Although it remains the Committee’s intention to keep the funding for NASA’s construction activities consolidated under this heading, the Committee has included language permitting the mission directorates to use their 

funds for mission-based facilities planning and design. The Committee expects that all such work will continue to be coordinated 

with and monitored by the Mission Support Directorate in order to 

promote efficiency and accountability in construction planning. 

Provision of form 1509.—NASA is directed to continue to provide 

NASA form 1509 for each construction of facilities (CoF) project 

submitted in the annual budget request or an initial spending plan 

and for each CoF project subject to a reprogramming notification. 

Enhanced Use Lease (EUL) receipts.—The Committee has continued existing language limiting the expenditure of EUL proceeds 

and included new language permitting NASA to accept in-kind consideration under specified circumstances. NASA is directed to include in its annual budget justification a description of any in-kind 

consideration accepted and an estimate of the market value of that 

consideration. 

Hangar 1, Moffett Field.—The budget request included $32,800,000 for the re-siding of Hangar 1 at Moffett Field. The 

Committee understands, however, that NASA is currently considering additional options for the renovation and use of the hangar, 

including some options that would not require re-siding the facility. 

NASA has committed to its OIG that this evaluation of alternatives 

will be complete by November 30, 2011. The Committee urges 

NASA to complete this evaluation as soon as possible and directs 

NASA to submit a copy of that evaluation to the Committee when 

it becomes available. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $36,327,000 for the Office of Inspector General (OIG), which is the same as fiscal year 2011 and 

$1,173,000 below the request. 

Cost estimation review.—The Committee is interested in an analytical assessment of whether NASA’s JCL cost estimation process 

has led to a measurable increase in the accuracy of its project cost 

estimates. Since the policy was instituted in 2009, no such assessment has been completed due to a lack of sufficient data. However, 

the OIG believes that a JCL review will be feasible in 2012. The 


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OIG is urged to undertake that review and provide the Committee 

with a report on its findings as soon as practicable. 

ADMINISTRATIVE PROVISIONS

The Committee has included the following administrative provisions for NASA: 

The bill includes a provision that makes funds for announced 

prizes available without fiscal year limitation until the prize is 

claimed or the offer is withdrawn. 

The bill includes a provision that incorporates by reference the 

programs, projects and activities and the amounts specified in the 

table under the NASA heading in this report. This provision is intended to partially address ongoing disagreements between the 

Committee and NASA about the acceptable exercise of discretion in 

the reallocation of appropriated resources between and among programs, projects and activities. 

The bill includes a provision that establishes terms and conditions for the transfer of funds. 

The bill includes a provision that repeals existing prohibitions on 

the implementation of Reductions in Force or other involuntary 

separations. 

The bill includes a provision that allows the transfer of balances 

under previous appropriations account structures to the new appropriations account structure. 

The bill includes a provision related to the expenditure of interest earned from balances in the Endeavor Teacher Fellowship 

Trust Fund. 

The bill includes a provision that subjects the NASA spending 

plan and specified changes to that spending plan to reprogramming 

procedures under section 505 of this Act. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

The Committee recommends $5,606,964,000 for Research and Related Activities (R&RA), which is $43,089,000 above fiscal year 

2011 and $646,576,000 below the request. 

Research priorities.—The National Science Foundation (NSF) can 

maximize the amount of money available in fiscal year 2012 for 

new activities by carrying out the various reduction and termination proposals contained in the R&RA budget request. The funds 

made available through these reductions and terminations, together with the increase provided by the Committee, will allow 

NSF to expand or enhance its activities across a range of research 

areas with significant impacts on national security or economic 

competitiveness. The Committee directs NSF to prioritize these 

new activities towards cybersecurity and cyberinfrastructure improvements; advanced manufacturing (as further discussed below); 

materials research; and disciplinary and interdisciplinary research 

in the natural and physical sciences, math and engineering. 

Advanced manufacturing.—The Committee encourages NSF’s 

planned activities related to the Advanced Manufacturing initiative. Future economic prosperity in the United States will depend 

largely on our ability to develop and manufacture new products 

based on advanced technologies, both for the domestic market and 


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for export. Basic research supported through the NSF and other 

Federal science agencies is critical to this effort because it will help 

provide the foundation for the development of such new products 

and technologies by the private sector. 

Neuroscience.—The Committee believes there is a potential in 

the near future for significant, transformative advances in our fundamental understanding of learning, brain development, and brain 

health and recovery. Such advances will require enhanced tools to 

better understand the working of the brain, enhanced data and 

data infrastructure, and expanded interdisciplinary and large-scale 

research efforts. While specific applied neuroscience research is 

mainly supported by the National Institutes of Health, basic research supported by NSF will serve as the foundation for future 

clinical treatments of traumatic and acquired brain injuries, childhood developmental disorders, and other neurological conditions. 

To help focus and enhance the agency’s efforts, the Committee directs NSF to establish a Cognitive and Developmental Neuroscience crosscutting theme to guide future budget formulation in 

this area, and to increase its investments in research through this 

theme in fiscal year 2012. 

Innovation inducement awards.—Funds provided under this 

heading may be used for innovation inducement prizes, as authorized by the America COMPETES Reauthorization Act of 2010 (Public Law 111–358). The Committee encourages NSF to make use of 

this mechanism, particularly in programs that specifically emphasize innovation, to focus on high risk/high reward research projects 

and to incentivize private sector involvement. NSF is directed to report to the Committee on its plans for administering a prize program in fiscal year 2012. This report should be provided no later 

than 90 days after the enactment of this Act. 

Protecting scientific intellectual property.—Government policy on 

the dissemination of scientific research data has trended consistently toward increased public access. This has numerous benefits 

and advantages, but also raises concerns about: (1) researchers’ 

ability to effectively retain their intellectual property rights for potentially lucrative findings; and (2) the government’s ability to protect scientific intellectual property that has significant economic or 

security implications. NSF is directed to report to the Committee 

on proactive steps that can be taken by the government and within 

the scientific research community to better balance the imperatives 

of public access and protection of data. This report shall be provided no later than 120 days after the enactment of this Act. 

Wireless Innovation Fund.—NSF’s request included $150,000,000 

of mandatory funding for research on access to the radio spectrum, 

wireless testbeds and cyber-physical systems. This funding is dependent on legislation being enacted to authorize incentive auctions that would reallocate Federal agency and commercial spectrum bands over the next ten years. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

The Committee recommends $100,000,000 for Major Research 

Equipment and Facilities Construction (MREFC), which is 

$17,055,000 below fiscal year 2011 and $124,680,000 below the request. 


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Project funding profiles.—NSF should promptly review its current portfolio of MREFC projects and their outyear funding profiles 

to ensure they are consistent with the fiscal year 2011 and 2012 

appropriations. If adjustments to the portfolio in either of those fiscal years will necessitate a revision of the outyear funding profiles 

for any current or planned project, NSF is directed to immediately 

report the revised profiles to the Committee and to include the new 

profiles in the fiscal year 2013 budget request. 

Project contingency funding.—Project managers have responded 

to NSF’s ‘‘no cost overrun’’ policy for major construction and equipment acquisition projects by increasing the amount of contingency 

funding carried in their budget proposals. The Committee encourages NSF to strengthen the oversight of these contingencies, particularly in terms of incentivizing grantees to bring their projects 

in under budget and return unused contingency funding. NSF shall 

report to the Committee on the steps it is taking to impose tighter 

controls on the drawdown, use and return of contingency funds for 

projects managed through the MREFC appropriation and for other 

large facility projects. This report should be submitted no later 

than 90 days after the enactment of this Act. 

EDUCATION AND HUMAN RESOURCES

The Committee recommends $835,000,000 for Education and 

Human Resources (EHR), which is $26,034,000 below fiscal year 

2011 and $76,200,000 below the request. 

Program changes.—NSF has proposed a number of program reductions or terminations within EHR. For the most part, these cuts 

were proposed not due to any dissatisfaction with the programs in 

question but rather because NSF would prefer to implement new 

initiatives. The Committee has no objection to this approach, with 

the exception of the proposed reductions to the Robert Noyce Scholarship Program and the Math and Science Partnership program. 

The Committee does not believe that those cuts are warranted solely to make room for new activities. 

After accounting for the approved reductions and terminations, 

the recommended funding level will support the continuation of the 

fiscal year 2011 level for all other EHR programs, including Advanced Technological Education and the pre-existing elements of 

the Broadening Participation at the Core program, as well as approximately $40,000,000 of new or expanded activities as proposed 

in the budget request. 

Best practices in K–12 STEM education.—At NSF’s request, the 

NRC has recently completed a multiday workshop on best practices 

in K–12 STEM education. The results of this workshop, along with 

commissioned research and other sources, have been synthesized 

into an NRC report, Successful K–12 STEM Education: Identifying 

Effective Approaches in Science, Technology, Engineering, and 

Mathematics, that discusses best practices and provides a series of 

recommendations aimed at education policymakers and practitioners. Consistent with the current dissemination plan, NSF shall 

ensure that this report is widely distributed within the education 

and scientific communities. 

In addition, NSF is directed to begin work to identify methods 

for tracking and evaluating the implementation of the improvements identified in the NRC’s report. These methods may include, 


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but are not limited to, expansion and alignment of existing databases on student outcomes and school and classroom conditions, 

and the development of measures that more broadly capture desired student outcomes in STEM. NSF and its collaborators should 

provide an evaluation plan within 12 months of the enactment of 

this Act that describes these methods and recommends the necessary steps that should be taken by NSF and other Federal agencies to implement that plan. Within the amounts available in this 

account, up to $500,000 should be used for the formulation of the 

evaluation plan. 

Graduate Research Fellowship Program (GRFP) eligibility.—The 

Committee is concerned that potentially meritorious GRFP applications are being screened out prior to substantive review based solely on the academic field of the applicant. Without examining the 

details of an application, NSF has no way of knowing whether the 

application and academic work in question are focused on areas of 

basic research within NSF’s mission. Therefore, the Committee 

urges NSF to ensure that the review of GRFP applications is based 

solely on the merits of the proposed research and not on categorical 

distinctions that may not accurately capture the qualifications of 

an individual proposal. 

Hispanic Serving Institutions.—Over the past several years, NSF 

and the Congress have discussed the concept of creating a program 

within Broadening Participation at the Core to focus on Hispanic 

Serving Institutions (HSI). NSF is directed to provide to the Committee a report outlining how the needs of HSIs will be addressed 

in fiscal year 2012 and any plans to establish an HSI-focused program in fiscal year 2013. 

Duplication of effort.—The Committee encourages NSF to continue cooperating with ongoing reviews by GAO and OSTP to identify and minimize duplication of effort with other Federal agencies 

on STEM education. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

The Committee recommends $299,400,000 for Agency Operations 

and Award Management, which is the same as fiscal year 2011 and 

$58,340,000 below the request. 

Contracting.—The Committee remains interested in efforts to improve NSF’s contracting practices. A GAO review requested by the 

Committee should provide NSF with practical recommendations for 

changes in policy and practice that will result in better managed, 

more cost effective contracts. While waiting for the results of that 

review, NSF is urged to continue work on the contracting corrective 

action plan currently being reviewed by the NSF OIG. 

Both GAO and the NSF OIG have suggested that NSF is procuring services through cost reimbursement contracts that could be 

adequately procured through firmer pricing models that reduce cost 

and risk to the government. NSF is directed to review its current 

portfolio of cost reimbursement contracts and to develop plans to 

transition to fixed price contracts for all activities where requirements are reasonably well defined and costs can be predicted with 

substantial accuracy. NSF is directed to report on the results of 

this review both to the Committee and to the NSF OIG within 90 

days of the enactment of this Act. The NSF OIG shall provide the 


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Committee with an assessment of NSF’s transition plans no later 

than 45 days after receiving the report from NSF. 

Acquisitions management.—NSF may use up to $2,000,000 of 

funds provided under this heading to increase the Foundation’s acquisition workforce capacity and capabilities. 

Travel expenses.—Due to NSF’s extensive merit review procedures, travel expenses are a significant portion of the budget each 

year. By pursuing innovative approaches to reduce the travel obligations of merit reviewers, NSF can reduce its travel budget and 

invest the savings in other critical activities, such as grantee performance and compliance reviews. The Committee supports NSF’s 

efforts in this area as long as the push to enlarge NSF’s virtual 

merit review presence continues to account for all necessary information security precautions. 

Program evaluation and analysis.—Compared to the rigorous 

merit review system in place for assessing grant applications, 

NSF’s capabilities for objectively assessing the scientific performance of completed or in-progress work are relatively limited. As a 

result, NSF describes the impact of its research programs in mostly 

anecdotal terms. To address this problem, NSF is engaged in a 

multiyear effort to implement an empirical system for documenting 

the outcomes of its scientific research, as well as to improve its program evaluation capabilities more generally. The Committee supports this effort and encourages NSF to continue pursuing it expeditiously in fiscal year 2012. 

Questioned/unsupported costs.—NSF has a significant number of 

outstanding OIG recommendations relating to questioned or unsupported costs, including some recommendations that have been open 

and unresolved for more than a year. The Committee finds this 

pace of corrective action insufficient given the fact that Federal tax 

dollars are at stake. NSF is urged to take all necessary steps to 

close outstanding recommendations as quickly as possible. The 

Committee will continue to monitor NSF’s progress via semi-annual reporting from the NSF OIG and other mechanisms. 

OFFICE OF THE NATIONAL SCIENCE BOARD

The Committee recommends $4,531,000 for the National Science 

Board, which is the same as fiscal year 2011 and $309,000 below 

the request. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $13,972,000 for the OIG, which is 

the same as fiscal year 2011 and $1,028,000 below the request. 

NSF and grantee oversight.—NSF OIG has a strong record of investigations relating to the misuse of grant funding, employee or 

grantee misconduct and deficiencies in grants management practices. Each of these categories of investigations has the potential to 

result in monetary savings for NSF as mismanaged funds are recovered or vulnerabilities in financial and managerial controls are 

addressed. The Committee encourages the OIG to main a significant focus on oversight activity with potential monetary ramifications in order to promote continuing efficiency and economy at 

NSF. 


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ADMINISTRATIVE PROVISION

The Committee has included the following administrative provision for NSF: 

The bill includes a provision that establishes thresholds for the 

transfer of funds. 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

The Committee recommends $8,000,000 for the Commission on 

Civil Rights, which is $1,381,000 below fiscal year 2011 and 

$1,429,000 below the request. 

The Committee recommends language, as included in previous 

years, which provides: (1) a limitation of four full-time positions 

under schedule C of the Excepted Service, exclusive of one special 

assistant for each Commissioner; and (2) a prohibition against reimbursing Commissioners for more than 75 billable days, with the 

exception of the chairperson, who is permitted 125 billable days. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The Committee recommends $366,568,000 for the Equal Employment Opportunity Commission (EEOC), which is the same as fiscal 

year 2011 and $18,952,000 below the request. The recommendation 

includes language making not to exceed $30,000,000 available for 

payments to State and local enforcement agencies. 

Within the amount provided under this heading, the Committee 

expects the EEOC to give highest priority to addressing the inventory of private sector charges, and to examine new ways to address 

the backlog and increase productivity. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $81,696,000 for the International 

Trade Commission (ITC), which is the same as fiscal year 2011 and 

$5,304,000 below the request. 

The ITC is directed to submit a report to the Committee by December 1, 2011, outlining how the ITC intends to address the internal control, financial management, and information technology security weaknesses included in the March 2011 Semiannual ITC Inspector General report. 

In addition, the Committee expects the ITC to keep the Committee informed of progress in renovating office space to establish 

a third courtroom. The addition of this third courtroom will enable 

the ITC to adjudicate its increased intellectual property caseload, 

which has tripled in the last several years. 


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LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

The Committee recommends $300,000,000 for the Legal Services Corporation (LSC), which is $104,190,000 below fiscal year 2011 

and $150,000,000 below the request. 

Pro Bono Legal Services.—Obtaining more services at no or low 

cost through private attorney involvement is one means for LSC to 

increase legal aid services. In January, the Committee contacted 

the American Bar Association (ABA) and all fifty State bar associations to underscore the need for additional pro bono legal assistance during times of budget austerity. The Committee’s correspondence noted that the American people have made clear that 

they want Congress to rein in Federal spending, and that reductions would be felt by all recipients of Federal funds, including 

LSC. The Committee requested that the ABA and the State bar associations reemphasize the importance of private attorney involvement with LSC-funded programs and work closely with LSC to 

help address unmet needs for civil legal assistance in order to help 

mitigate the effects of future funding reductions. Unfortunately, 

only three States and the American Bar Association responded to 

the Committee’s letter. 

The Committee is pleased that LSC launched a pro bono task 

force in 2011, and urges the LSC to implement the recommendations of this task force as it continues to work with LSC-funded 

programs to adopt measures aimed at increasing the involvement 

of private attorneys in the delivery of legal services to its clients. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 

503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 

shall be deemed to refer instead to 2011 and 2012, respectively. 

Unauthorized uses of funds.—The Committee was dismayed to 

learn that a recent publication by an LSC grantee contained needless political representations and evidenced ideological biases. On 

June 28, 2011, the Inspector General of LSC reinforced the Committee’s concerns when he announced his determination that the 

grantee, Legal Aid of North Carolina, engaged in political activity 

which would be prohibited by section 1007(a)(6)(A) of the Legal 

Services Corporation Act if LSC funds, or non-LSC private funds, 

were used to support the creation and distribution of the publication. Because LSC routinely testifies that it lacks funds to serve all 

of the many low income Americans in need of civil legal assistance, 

it is all the more important that LSC grantees not squander funds 

on political activism. Using Federal funds in violation of the LSC 

statute undermines the confidence necessary to sustain annual 

funding for the LSC. The Committee encourages the Inspector General of the LSC to conduct annual audits of LSC grantees to ensure 

that funds are not being used in contravention of the restrictions 

on engaging in political activities or any of the other restrictions 


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by which LSC grantees are required to abide. The Committee further recommends the removal of funds from any LSC grantee found 

engaging in political activity. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The Committee recommends $3,025,000 for the Marine Mammal 

Commission, which is $218,000 below fiscal year 2011 and the 

same as the request. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The Committee recommends $51,251,000 for the Office of the 

U.S. Trade Representative (USTR), which is $3,521,000 above fiscal 

year 2011 and the same as the request. Within the amounts provided, the USTR is encouraged to hire sufficient staff who can 

translate trade documents that USTR receives from China. Currently, USTR relies on translators provided by the State Department, but the Committee believes that USTR should have its own 

translators on staff given the challenges associated with enforcing 

existing U.S. trade laws with China. The Committee expects that 

USTR will coordinate and implement a comprehensive and robust 

strategy to address the United States’ trade imbalance with China. 

Free Trade Agreements.—The Committee expects USTR to immediately submit the three pending Free Trade Agreements with Colombia, Panama, and South Korea, and to report back to the Committee with any developments on exports and job creation for the 

United States. The Committee further encourages the USTR to 

continue to pursue free trade agreements with additional countries 

and trading blocs. With respect to South Korea, the Committee expects the USTR to adopt acceptable safeguards against import of 

North Korean products and to advise the Committee on efforts to 

address this concern. 

Critical vacancies.—The Committee directs the USTR to provide 

a report to the Committee by December 1, 2011, on the number of 

critical vacancies at the USTR, particularly in the intellectual property enforcement area, and steps that the USTR is taking to address these shortfalls. This report should provide an assessment of 

current staffing in China with respect to enforcement needs. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The Committee recommends $5,121,000 for the State Justice Institute (SJI), which is the same as fiscal year 2011 and $10,000 

below the request. 


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TITLE V 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

Section 501 prohibits the use of funds for publicity or propaganda 

purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless expressly authorized. 

Section 503 provides that the expenditure of any appropriation 

contained in the Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or 

under existing Executive Order issued pursuant to existing law. 

Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of the Act and the application of other provisions shall not be affected. 

Section 505 prohibits a reprogramming of funds that: (1) creates 

or initiates a new program, project or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any 

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

or restricted; (4) relocates offices or employees; (5) reorganizes or 

renames offices, programs or activities; (6) contracts out or 

privatizes any function or activity presently performed by Federal 

employees; (7) augments funds for existing programs, projects or 

activities in excess of $500,000 or 10 percent, whichever is less, or 

reduces by 10 percent funding for any program, project, or activity, 

or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, 

which would result in a change in existing programs, activities, or 

projects as approved by Congress; unless the House and Senate 

Committees on Appropriations are notified 15 days in advance of 

such reprogramming of funds. 

Section 506 permanently prohibits funds from being used to implement, administer, or enforce any guidelines of the Equal Opportunity Commission covering harassment based on religion similar 

to proposed guidelines published by the EEOC in October 1993. 

Section 507 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract made with funds made available 

in this Act. 

Section 508 requires quarterly reporting to Congress on the status of balances of appropriations. 

Section 509 provides that any costs incurred by a department or 

agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in the Act 

shall be absorbed with the budgetary resources available to the department or agency, and provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. 


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Section 510 prohibits funds made available in this Act from being 

used to promote the sale or export of tobacco or tobacco products 

or to seek the reduction or removal of foreign restrictions on the 

marketing of tobacco products, except for restrictions which are not 

applied equally to all tobacco or tobacco products of the same type. 

This provision is not intended to impact routine international trade 

services to all U.S. citizens, including the processing of applications 

to establish foreign trade zones. 

Section 511 permanently prohibits funds from being used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to implement a 

background check system that does not require and result in the 

destruction of certain information within 24 hours. 

Section 512 delays the obligations of any receipts deposited into 

the Crime Victims Fund in excess of $705,000,000 until October 1, 

2012. This language is continued to ensure a stable source of funds 

will remain available for the program, despite inconsistent levels of 

criminal fines deposited annually into the Fund. 

Section 513 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious or 

moral beliefs of students participating in such programs. 

Section 514 prohibits the transfer of funds in the Act to any department, agency or instrumentality of the United States Government, except for transfers made by, or pursuant to authorities provided in, this Act or any other appropriations Act. 

Section 515 provides that funds provided for E-Government Initiatives shall be subject to the procedures set forth in section 505 

of this Act. 

Section 516 permanently requires the Bureau of Alcohol, Tobacco, Firearms and Explosives to include specific language in any 

release of tracing study data that makes clear that trace data cannot be used to draw broad conclusions about firearms-related 

crimes. 

Section 517 requires certain timetables and procedures for specified audits performed by Inspectors General of the departments 

and agencies funded in this Act and sets limits and restrictions on 

the awarding and use of grants or contracts funded by amounts appropriated by this Act. 

Section 518 prohibits the issuance of patents on human organisms. The intent of this provision is as expressed in the colloquy 

between the provision’s sponsor in the House and the Ranking Minority Member of the House Committee on Appropriations as occurred on July 22, 2003, with respect to any existing patents on 

stem cells. 

Section 519 prohibits the use of funds in this Act to support or 

justify the use of torture by any official or contract employee of the 

United States Government. 

Section 520 permanently prohibits the use of funds to require 

certain export licenses. 

Section 521 permanently prohibits the use of funds to deny certain import applications regarding ‘‘curios or relics’’ firearms, parts, 

or ammunition. 

Section 522 prohibits the use of funds to include certain language 

in trade agreements. 


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Section 523 prohibits the use of funds in this Act to authorize or 

issue a National Security Letter (NSL) in contravention of certain 

laws authorizing the Federal Bureau of Investigation to issue 

NSLs. 

Section 524 requires congressional notification regarding any 

project within the Departments of Commerce or Justice, or the National Science Foundation and the National Aeronautics and Space 

Administration totaling more than $75,000,000 that has cost increases of at least 10 percent. 

Section 525 deems funds for intelligence or intelligence related 

activities as authorized by the Congress during fiscal year 2012 

until the enactment of the Intelligence Authorization Act for fiscal 

year 2012. 

Section 526 requires the departments and agencies funded in 

this Act to establish and maintain on the homepages of their Internet websites direct links to the Internet websites of their Offices 

of Inspector General, and a mechanism by which individuals may 

anonymously report cases of waste, fraud or abuse. 

Section 527 prohibits contracts or grant awards in excess of 

$5,000,000 unless the prospective contractor or grantee certifies 

that the organization has filed Federal tax returns, has not been 

convicted of a criminal offense under the Internal Revenue Code of 

1986, and has no unpaid Federal tax assessment, except in specified circumstances. 

(RESCISSIONS)

Section 528 provides for rescissions of unobligated balances in 

certain departments and agencies funded in this Act. Language is 

included rescinding $93,000,000 in unobligated ‘‘Federal Bureau of 

Investigation, Construction’’ balances, as proposed in the fiscal year 

2011 budget request. Language is also included rescinding 

$110,000,000 in unobligated ‘‘Federal Prison System, Buildings and 

Facilities’’ balances. The budget request proposed a rescission of 

$35,000,000, but $110,000,000 was identified as available in a subsequent fiscal year 2011 reprogramming proposal. 

Section 529 prohibits the use of funds in this Act for the purchase of first class or premium air travel. 

Section 530 prohibits the use of funds to pay for the attendance 

of more than 50 department or agency employees at any single conference outside the United States, unless the conference is a law 

enforcement training or operational event where the majority of 

Federal attendees are law enforcement personnel stationed outside 

the United States. 

Section 531 prohibits the use of funds in this or any other Act 

for the transfer or release of certain individuals detained at Naval 

Station, Guantanamo Bay, Cuba, to or within the United States, its 

territories or possessions. 

Section 532 prohibits the use of funds in this or any other Act 

to construct, acquire or modify any facility in the United States, its 

territories, or possessions to house certain individuals who, as of 

June 24, 2009, were located at United States Naval Station, Guantanamo Bay, Cuba for the purposes of detention or imprisonment 

in the custody or control of the Department of Defense. 


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Section 533 prohibits the distribution of funds contained in this 

Act to the Association of Community Organizations for Reform Now 

or its subsidiaries. 

Section 534 requires, when practicable, the use of funds in this 

Act to purchase light bulbs that have the ‘‘Energy Star’’ or ‘‘Federal 

Energy Management Program’’ designation. 

Section 535 requires tracking and reporting of undisbursed balances in expired grant accounts. 

Section 536 prohibits the use of funds to relocate the Bureau of 

the Census or employees from the Department of Commerce to the 

jurisdiction of the Executive Office of the President. 

Section 537 requires the Departments of Commerce and Justice, 

the National Aeronautics and Space Administration, and the National Science Foundation to submit spending plans. 

Section 538 prohibits the use of funds by the National Aeronautics and Space Administration or the Office of Science and 

Technology Policy to engage in bilateral activities with China or a 

Chinese-owned company unless authorized by subsequent legislation. This language originated in the Department of Defense and 

Full Year Continuing Appropriations Act, 2011, but it remains necessary in fiscal year 2012 due to the unabated threat posed to 

United States interests by China. The Chinese government’s sustained efforts to obtain classified or proprietary information from 

the U.S. government and American corporations, as well as its 

record on human rights, make China and Chinese-owned companies unsuitable partners for American space and science initiatives. 

Section 539 prohibits funds made available by this Act from 

being used to deny the importation of shotgun models if no application for the importation of such models, in the same configuration, 

had been denied prior to January 1, 2011, on the basis that the 

shotgun was not particularly suitable for or readily adaptable to 

sporting purposes. 

Section 540 prohibits funds made available by this Act from 

being used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a loan 

or loan guarantee to, any corporation that was convicted of a felony 

criminal violation under any Federal law within the preceding 24 

months. 

Section 541 prohibits funds made available by this Act from 

being used to enter into a contract, memorandum of understanding, 

or cooperative agreement with, make a grant to, or provide a loan 

or loan guarantee to, any corporation that has any unpaid Federal 

tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and 

that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 

Section 542 prohibits funds made available by this Act from 

being used to require licensed firearms dealers to report on the sale 

of multiple rifles and shotguns to the same person. 

(RESCISSIONS)

Section 543 provides for an across-the-board rescission of funds. 

Section 544 establishes a Spending Reduction Account as required by section 3(j) of H. Res. 5. 


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HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS

The following materials are submitted in accordance with various 

requirements of the Rules of the House of Representatives: 

FULL COMMITTEE VOTES


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STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

RESCISSION OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

rescissions recommended in the accompanying bill: 

NTIA, Information Infrastructure grants ......................................... $2,000,000 

NTIA, Public Telecommunications Facilities, Planning and Construction ........................................................................................... 2,750,000 

Foreign Fishing Observer Fund ........................................................ 350,000 

Digital TV Transition Public Safety Fund ....................................... 4,300,000 

DOJ, Working Capital Fund .............................................................. 40,500,000 

Assets Forfeiture Fund ...................................................................... 675,500,000 

U.S. Marshals Service, Salaries and Expenses ................................ 7,200,000 

FBI, Construction ............................................................................... 93,000,000 

DEA, Salaries and Expenses ............................................................. 30,000,000 

Federal Prison System, Buildings and Facilities ............................. 110,000,000 

Violence Against Women Prevention and Prosecution Programs .. 5,000,000 

Office of Justice Programs ................................................................. 42,600,000 

Community Oriented Policing Services ............................................ 10,200,000 

NASA ................................................................................................... 30,000,000 

Across-the-board rescission ................................................................ 56,000,000 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2), rule XIII of the Rules of the House of 

Representatives, the following is submitted describing the transfers 

of funds provided in the accompanying bill. 

The Committee recommends the following transfers: 

• In Title I, under ‘‘Patent and Trademark Office’’, ‘‘Salaries 

and Expenses’’, language is included to transfer funds to the 

‘‘Civil Service Retirement and Disability Fund’’, the ‘‘Federal 

Employees Health Benefit Fund’’, and the ‘‘Federal Employees 

Group Life Insurance Fund’’. 

• In Title I, under ‘‘National Oceanic and Atmospheric Administration’’, ‘‘Operations, Research, and Facilities’’, language 

is included to transfer funds from the ‘‘Promote and Develop 

Fisheries Products and Research Pertaining to American Fisheries’’ fund. 

• In Title II, under ‘‘General Administration’’, ‘‘Administrative Review and Appeals’’, language is included to transfer 

funds from Executive Office for Immigration Review fees deposited in the ‘‘Immigration Examinations Fee’’ account. 

• In Title II, under ‘‘Federal Prison System’’, ‘‘Salaries and 

Expenses’’, language is included to allow transfer funds to the 

Health Resources and Services Administration. 

In addition, language is included authorizing the transfer of 

funds within the bill, as follows: 

• In Title I, under ‘‘National Institute of Standards and 

Technology’’, ‘‘Scientific and Technical Research and Services’’, 


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language is included to allow transfer of funds to the ‘‘Working 

Capital Fund’’. • In Title I, under section 103, language is included to allow 

transfer of funds, subject to certain conditions, between accounts in the Department of Commerce. • In Title I, under section 104, language is included to allow 

transfer of funds, subject to certain conditions, between accounts in the Department of Commerce in response to certain 

actions taken as a result of reductions in funding. • In Title I, under section 110, language is included to require transfer of funds collected from certain enforcement actions into the newly established ‘‘Fisheries Enforcement Asset 

Forfeiture Fund’’. • In Title I, under section 111, language is included to require transfer of funds collected from certain enforcement actions into the newly established ‘‘Sanctuaries Enforcement 

Asset Forfeiture Fund’’. • In Title II, under ‘‘General Administration’’, ‘‘Law Enforcement Wireless Communications’’, language is included to require transfer of funds, subject to certain conditions, from 

other accounts in the Department of Justice. • In Title II, under ‘‘Legal Activities’’, ‘‘Salaries and Expenses, Community Relations Service’’, language is included to 

allow transfer of funds, subject to certain conditions, from 

other accounts in the Department of Justice. • In Title II, under ‘‘Office of Justice Programs’’, ‘‘State and 

Local Law Enforcement Assistance’’, language is included to require transfer of funds for anti-methamphetamine-related activities to the Drug Enforcement Administration. • In Title II, under section 103, language is included to 

allow transfer of funds, subject to certain conditions, between 

accounts in the Department of Justice. • In Title III, under section 103, under ‘‘National Aeronautics and Space Administration’’, ‘‘Administrative Provisions’’, language is included to allow transfer of funds, subject 

to certain conditions, between appropriations in the National 

Aeronautics and Space Administration. 

• In Title III, under ‘‘National Aeronautics and Space Administration’’, ‘‘Cross Agency Support’’, language is included to 

allow transfer of funds to the Inspector General for certain 

purposes. 

• In Title III, under ‘‘National Aeronautics and Space Administration’’, ‘‘Administrative Provisions’’, language is included to allow transfer of unexpired balances of previous accounts, subject to certain conditions, to new accounts established in this Act. 

• In Title III, under section 103, under ‘‘National Science 

Foundation’’, ‘‘Administrative Provisions’’, language is included 

to allow transfer of funds, subject to certain conditions, between accounts in the National Science Foundation. 

• In Title IV, under section 509, language is included to 

allow transfer of funds, subject to certain conditions, between 

accounts in the departments and agencies funded in this Act 

in response to certain actions taken as a result of reductions 

in funding. 


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DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED

SPENDING ITEMS

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI. 

COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

TITLE 18, UNITED STATES CODE 

PART I—CRIMES 

* * * * * * * 

CHAPTER 85—PRISON-MADE GOODS 

§ 1761. Transportation or importation 

(a) * * * 

* * * * * * * 

(c) In addition to the exceptions set forth in subsection (b) of this 

section, this chapter shall not apply to goods, wares, or merchandise manufactured, produced, or mined by convicts or prisoners 

who— 

(1) are participating in - one of not more than 50 ønon-Federal¿ prison work pilot projects designated by the Director of 

the Bureau of Justice Assistance; 

* * * * * * * 

(d) This section shall not apply to goods, wares, or merchandise 

manufactured, produced, mined or assembled by convicts or prisoners who are participating in any pilot project approved by the FPI 

Board of Directors, which are currently, or would otherwise be, 

manufactured, produced, mined, or assembled outside the United 

States. 

ø(d)¿ (e) For the purposes of this section, the term ‘‘State’’ means 

a State of the United States and any commonwealth, territory, or 

possession of the United States. 

* * * * * * * 

TITLE 51, UNITED STATES CODE 

* * * * * * * 

Subtitle II—General Program and Policy 

Provisions 

* * * * * * * 


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CHAPTER 201—NATIONAL AERONAUTICS AND SPACE 

PROGRAM 

* * * * * * * 

SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

* * * * * * * 

§ 20145. Lease of non-excess property 

(a) * * * 

(b) CASH CONSIDERATION.— 

(1) FAIR MARKET VALUE.—(A) A person or entity entering into 

a lease under this section shall provide cash consideration for 

the lease at fair market value as determined by the Administrator. 

(B) Notwithstanding subparagraph (A), the Administrator 

may accept in-kind consideration for leases entered into for the 

purpose of developing renewable energy production facilities. 

* * * * * * * 

Subtitle IV—Aeronautics and Space 

Research and Education 

* * * * * * * 

CHAPTER 409—MISCELLANEOUS 

* * * * * * * 

§ 40902. National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund 

(a) * * * 

* * * * * * * 

(d) AVAILABILITY OF FUNDS.—The interest accruing from the National Aeronautics and Space Administration Endeavor Teacher 

Fellowship Trust Fund principal shall be available in fiscal year 

2012 for the purpose of the Endeavor Science Teacher Certificate 

Program. 

SECTION 1105 OF THE NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010 

(Public Law 111–267) 

SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS PRESERVATION. 

Prior to receipt by the Congress of the study, recommendations, 

and implementation strategy developed pursuant to section 1103, 

none of the funds authorized for use under this Act may be used 

to transfer the functions, missions, or activities, and associated 

civil service and contractor positions, from any NASA facility without authorization by the Congress to implement the proposed strategy. The Administrator shall preserve the critical skills and competencies in place at NASA centers prior to enactment of this Act 


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in order to facilitate timely implementation of the requirements of 

this Act and to minimize disruption to the workforce. øThe Administrator may not implement any reduction-in-force or other involuntary separations of permanent, non-Senior-Executive-Service, civil 

servant employees before September 30, 2013, except for cause on 

charges of misconduct, delinquency, or inefficiency.¿ 

* * * * * * * 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill which directly 

or indirectly change the application of existing law. 

Title I—Department of Commerce 

International Trade Administration 

Operations and Administration 

• Includes language providing funds for engaging in trade promotion activities abroad, including expenses of grants and cooperative agreements for the purposes of promoting exports of U.S. 

firms. 

• Includes language that provides full medical coverage for dependent members of immediate families of employees stationed 

overseas and employees temporarily posted overseas; travel and 

transportation of employees of the United States and Foreign Commercial Service; employment of Americans and aliens by contract 

for services; rental of space abroad and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; and payment of 

tort claims. 

• Includes language regarding official representation expenses 

abroad, purchase of passenger motor vehicles for official use 

abroad, obtaining insurance on official motor vehicles, and rental 

of tie lines. 

• Includes language deriving a portion of available funds from 

fees. 

• Designates funding for Manufacturing and Services, Market 

Access and Compliance, the Import Administration, Trade Promotion and United States and Foreign Commercial Service, Executive Direction and Administration, the Office of China Compliance, 

and the China Countervailing Duty Group. 

• Includes language regarding the contribution to the Mutual 

Educational and Culture Exchange Act of 1961 to include payment 

for assessment. 

Bureau of Industry and Security 

Operations and Administration 

• Includes language regarding export administration and national security activities of the Department of Commerce. 

• Includes language providing for the costs associated with the 

performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of 


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immediate families of employees stationed overseas; employment of 

Americans and aliens by contract for services abroad; payment of 

tort claims; official representation expenses abroad; awards of compensation to informers; and purchase of passenger motor vehicles 

for official use and motor vehicles for law enforcement use. • Includes language regarding the Mutual Educational and Cultural Exchange Act of 1961 and the retention of payments and contributions. • Includes language providing that payments and contributions 

collected and accepted for materials or services may be retained for 

use in covering the cost of those activities and other communications. 

Economic Development Administration 

Economic Development Assistance Programs 

• Includes language designating $5,000,000 for repatriation 

projects. 

• Includes language designating up to $5,000,000 for certain 

loan guarantees. 

• Includes language providing that the cost of modifying certain 

loan guarantees be as defined in section 502 of the Congressional 

Budget Act of 1974. 

• Includes language limiting funds available to subsidize total 

loan principal for loans in excess of $50 million. 

Salaries and Expenses 

• Includes language regarding the monitoring of approved 

projects. 

Minority Business Development Agency 

Minority Business Development 

• Includes language making funds available for developing minority business enterprises, including expenses of grants, contracts 

and other agreements. 

Economic and Statistical Analysis 

Salaries and Expenses 

• Includes language providing for two-year availability of funds. 

Bureau of the Census 

Salaries and Expenses 

• Includes language for collecting and publishing statistics and 

for promotion and outreach activities. 

Periodic Census and Programs 

• Includes language relating to the use of funds for promotion, 

outreach and marketing activities. 

National Telecommunications and Information Administration 

Salaries and Expenses 

• Includes language permitting the Secretary of Commerce to 

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ysis, operations, and related services; and to use such collections in 

telecommunications research. 

Patent and Trademark Office 

Salaries and Expenses 

• Includes language providing that appropriated funds be reduced as offsetting collections are assessed and collected and reducing appropriations if fee collections are less than appropriated 

funding. 

• Provides for the availability of funds received in excess of appropriations to be available until expended and requiring a spending plan subject to section 505 of this Act. 

• Includes language regarding basic pay and certain retirement 

benefits; limiting official reception and representation expenses; 

and providing that sections 801, 802, and 803 of division B of P.L. 

108–447 shall remain in effect during fiscal year 2012. 

• Includes language regarding the submission of applications 

filed electronically. 

• Includes language providing for a surcharge of 15 percent on 

fees charged or authorized by sections 41(a), (b), (d)(1) and 132(b) 

of title 35, U.S. Code, as administered under Public Law 108–447 

and this Act, to be separate from, and in addition to, any other surcharge that may be required pursuant to any provision of title 35; 

providing for an effective date that is ten days after enactment of 

this Act, and remaining in effect during fiscal year 2012; and providing that the receipts collected as a result of the surcharge shall 

be available without fiscal year limitation, within the amounts provided in this Act. 

National Institute of Standards and Technology 

Scientific and Technical Research and Services 

• Includes language limiting funds for official reception and representation expenses and transfers to the working capital fund. 

Industrial Technology Services 

• Provides for the multi-year availability of funds provided for 

the Hollings Manufacturing Extension Partnership. 

Construction of Research Facilities 

• Provides for the multi-year availability of funds provided for 

construction of research facilities. 

• Includes language regarding the submission of certain materials in support of construction budget requests. 

National Oceanic and Atmospheric Administration 

Operations, Research, and Facilities 

• Includes language specifying the use of funds and providing for 

two-year availability for cooperative enforcement funds. 

• Includes language allowing fees and donations received by a 

particular line office to be retained and used for expenses related 

to those activities. 

• Provides that certain funds be derived from various sources. 


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• Includes language limiting the amount of funds that can be 

provided for corporate service administrative support. 

• Includes language specifying that deviations from amounts included in the report accompanying the Act shall be subject to section 505 of this Act. 

• Includes language providing for retired pay expenses. 

Procurement, Acquisition, and Construction 

• Provides for the multi-year availability of funds provided for 

construction of facilities. 

• Provides that certain funds be derived from various sources. 

• Includes language specifying that deviations from amounts included in the report accompanying the Act shall be subject to section 505 of this Act. 

• Includes language regarding the submission of certain materials in support of construction budget requests. 

Pacific Coastal Salmon Recovery 

• Includes language allowing the Secretary of Commerce to issue 

grants to specific States and Federally-recognized tribes for conservation projects for listed endangered or threatened salmon and 

steelhead populations, populations at risk to be so listed, and for 

maintaining populations necessary for the exercise of tribal treaty 

fishing rights, to be allocated under scientific and merit principles 

and not available for marketing activities; and requiring a State 

match. 

Fishermen’s Contingency Fund 

• Provides for the appropriation of funds to be derived from receipts collected pursuant to Title IV of Public Law 95–372. 

Fisheries Finance Program Account 

• Includes limitations on individual fishing quota loans and for 

traditional direct loans and prohibits direct loans for any new fishing vessel that will increase the harvesting capacity in any U.S. 

fishery. 

Departmental Management 

Salaries and Expenses 

• Includes language limiting funds for official reception and representation expenses. 

• Includes language on establishment of a task force. 

Herbert C. Hoover Building Renovation and Modernization 

• Includes language regarding blast windows for renovation and 

modernization. 

General Provisions 

• Includes language making appropriations and funds available 

for advance payments only on the Secretary’s certification that 

such payments are in the public interest. 

• Includes language providing for use of salaries and expenses 

appropriations for hire of passenger motor vehicles and for uniforms or uniform allowances, as authorized. 


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• Includes a provision regarding transfers, and a notification requirement for acquisition or disposal of any capital asset. 

• Includes a provision requiring the absorption of funding reductions related to personnel actions, and the use of funds to carry out 

this section. 

• Includes a provision requiring certain reports with regard to 

major NOAA programs. 

• Includes a provision allowing the Secretary of Commerce to 

furnish services within Department of Commerce buildings for reimbursement, which would then be credited to the appropriation or 

fund that provides such services. 

• Includes language regarding limitations on grant recipients 

conducting unlawful activities. 

• Includes a provision authorizing the Administrator of the National Oceanic and Atmospheric Administration to avail the agency 

of resources of other departments, agencies or instrumentalities of 

the United States or any political subdivision thereof, or foreign 

government or international organization to carry out the responsibilities of any statute administered by the agency. 

• Includes language rescinding balances in the Coastal Zone 

Management Fund. 

• Includes language establishing the ‘‘Fisheries Enforcement 

Asset Forfeiture Fund’’. 

• Includes language establishing the ‘‘Sanctuaries Enforcement 

Asset Forfeiture Fund’’. 

• Includes language requiring advance notification of certain 

travel. 

Title II—Department of Justice 

General Administration 

Law Enforcement Wireless Communications 

• Includes language regarding the transfer of funds for purchasing portable and mobile radios, which shall be subject to section 505 of this Act. 

Detention Trustee 

• Includes language establishing that the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System. 

• Includes language limiting the amount of funds considered as 

‘‘funds appropriated for State and local law enforcement assistance’’. 

Legal Activities 

Salaries and Expenses, General Legal Activities 

• Includes language limiting the amount of funds for official representation and reception expenses available to INTERPOL— 

Washington. 

• Includes language providing funds to reimburse the Office of 

Personnel Management for expenses associated with the election 

monitoring program and providing for extended availability. 


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Salaries and Expenses, Antitrust Division 

• Includes language regarding the use of fees under the HartScott-Rodino Antitrust Improvement Act. 

Salaries and Expenses, United States Attorneys 

• Includes language limiting funds for official reception and representation expenses. 

• Includes language extending the availability of certain funds. 

• Includes language requiring each United States Attorney to establish a task force on human trafficking. 

United States Trustee System Fund 

• Includes language regarding refunds due depositors. 

• Includes language providing for the extended availability of 

certain funds and the use of offsetting collections. 

Fees and Expenses of Witnesses 

• Includes language regarding funds for construction of buildings 

for safesites, armored and other vehicles, and telecommunication 

equipment. 

Salaries and Expenses, Community Relations Service 

• Includes language regarding the transfer of funds for conflict 

resolution and violence prevention activities within the Community 

Relations Service, which shall be subject to the provisions of section 505 of this Act. 

United States Marshals Service 

Salaries and Expenses 

• Provides for the multi-year availability of funds for IT systems 

and construction. 

National Security Division 

Salaries and Expenses 

• Provides for the multi-year availability of funds for IT systems. 

Interagency Crime and Drug Enforcement 

• Includes language regarding certain reimbursements. 

Federal Bureau of Investigation 

Salaries and Expenses 

• Includes language providing for multi-year availability. 

Drug Enforcement Administration 

Salaries and Expenses 

• Provides for multi-year availability. 

Construction 

• Provides for multi-year availability. 


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Bureau of Alcohol, Tobacco, Firearms and Explosives 

Salaries and Expenses 

• Provides for multi-year availability of funds. 

• Includes language that permanently prohibits expenses in connection with consolidating or centralizing records of acquisition and 

disposition of firearms maintained by Federal firearms licensees. 

• Includes language that permanently prohibits expenses to implement amendments to 27 CFR 478.118, change the definition of 

‘‘Curios or relics’’ or remove items from ATF publication 5300.11. 

• Includes language that prohibits expenses to investigate or act 

upon applications for relief from Federal firearms disabilities under 

18 U.S.C. 925(c). 

• Includes language regarding expenses to investigate applications filed by corporations for relief from section 925(c) of title 18 

U.S.C. 

• Includes language that permanently prohibits expenses to 

transfer the functions, missions or activities of ATF to other agencies or departments. 

• Includes language that permanently prohibits expenses to disclose part or all of the contents of the Firearms Trace System database or any information required to be kept by licensees, except as 

provided. 

• Includes language that permanently prohibits expenses to promulgate or implement any rule requiring a physical inventory of licensed businesses. 

• Includes language that permanently prohibits expenses to retrieve certain information electronically. 

• Includes language that permanently prohibits expenses to deny 

an application for certain licenses. 

Federal Prison System 

Salaries and Expenses 

• Includes language that provides for the transfer to the Health 

Resources and Services Administration funds necessary for medical 

relief for inmates. 

• Includes language that provides authority to the Director to 

enter into contracts to furnish health care. 

• Includes limitation on funds for reception and representation 

expenses. 

• Includes language extending the availability of certain funds. 

• Includes language providing for the use of certain funds for the 

care and security of Cuban and Haitian entrants. 

• Includes language providing authority for the Federal Prison 

System to accept donated property and services. 

Building and Facilities 

• Provides for the multi-year availability of funds. 

• Includes language stating labor of prisoners may be used for 

work. 


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Office on Violence Against Women 

Violence Against Women Prevention and Prosecution Programs 

• Provides for the multi-year availability of funds. 

• Includes a limitation on funds to be made available for expenses related to evaluation, training, and technical assistance, 

and provides for specific appropriations for various programs within the Office on Violence Against Women. 

Office of Justice Programs 

Research, Evaluation and Statistics 

• Provides for the multi-year availability of funds. 

• Provides for the specific appropriations for various programs 

within the Office of Justice Programs. 

State and Local Law Enforcement Assistance 

• Provides for the multi-year availability of funds. 

• Provides for the specific appropriations for various programs 

within the Office of Justice Programs. 

Public Safety Officer Benefits 

• Includes language providing for the transfers of funds in emergent circumstances, which shall be subject to the provisions of section 505 of this Act. 

General Provisions—Department of Justice 

• Includes a provision making available additional reception and 

representation funding for the Attorney General from the amounts 

provided in this title. 

• Includes a prohibition on the use of funds to pay for an abortion, except in the case of rape or to preserve the life of the mother. 

• Includes a prohibition on the use of funds to require any person to perform or facilitate the performance of an abortion. 

• Includes a provision establishing the obligation of the Director 

of the Bureau of Prisons to provide escort services to inmates receiving an abortion outside of a Federal facility, except where this 

obligation conflicts with the preceding section. 

• Includes a provision establishing the Committee’s requirements and procedures for transfer proposals. 

• Includes an authorization for the Attorney General to extend 

an ongoing Personnel Management Demonstration Project. 

• Includes an extension of specified authorities to the Bureau of 

Alcohol, Tobacco, Firearms and Explosives for undercover operations. 

• Includes a prohibition on the use of funds for transporting prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure. 

• Includes a prohibition on the use of funds for the purchase or 

rental by Federal prisons of audiovisual equipment, services and 

materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious, or educational purposes. 


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• Includes a requirement for review by the Deputy Attorney 

General and the Department Investment Review Board prior to the 

obligation or expenditure of funds for major information technology 

projects. • Includes a provision requiring the Department to follow reprogramming procedures prior to any deviation from the program 

amounts specified in this title or the reuse of certain deobligated 

funds provided in previous years. • Includes a prohibition on the use of funds for A–76 competitions for work performed by employees of the Bureau of Prisons or 

Federal Prison Industries, Inc. • Includes language requiring a report on the FBI’s Sentinel program. • Includes a provision allowing the Attorney General to use, for 

training and technical assistance up to 1 percent of funds made 

available to certain programs. • Includes a provision allowing the Attorney General to use, for 

research and statistical purposes, up to three percent of funds 

made available to certain programs. • Includes authority for the Attorney General to waive matching 

requirements for adult and juvenile offender state and local reentry 

demonstration grants and drug treatment programs under the Second Chance Act. • Includes a requirement for the Attorney General to submit 

quarterly reports on the costs and contracting procedures relating 

to certain conferences. • Includes language allowing the Attorney General to waive certain reporting requirements for localities applying for Byrne Justice Assistance grants. • Includes language waiving the requirement that the Attorney 

General reserve certain funds from amounts provided for offender 

incarceration. • Includes language allowing Federal Prison Industries (FPI) to 

participate in the Prison Industries Enhancement Certification program and allowing FPI to carry out pilot projects to produce items 

that are no longer produced in the United States. 

Title III—Science 

Office of Science and Technology Policy 

• Provides that certain funds be available for reception and representation, and rental of conference rooms. 

National Aeronautics and Space Administration 

Science 

• Includes language providing for the multi-year availability of 

funds. 

• Provides up to $10,000,000 for a reimbursable agreement to reestablish radioisotope fuel production facilities. 

• Includes language concerning implementation of the planetary 

decadal survey. 

Aeronautics 

• Includes language providing for the multi-year availability of 

funds. 


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Space Technology 

• Includes language providing for the multi-year availability of 

funds. 

Exploration 

• Includes language providing for the multi-year availability of 

funds. 

• Includes language designating amounts for program components. 

Space Operations 

• Includes language providing for the multi-year availability of 

funds. 

Education 

• Includes language providing for the multi-year availability of 

funds. 

Cross Agency Support 

• Includes language providing for the multi-year availability of 

funds. 

• Includes language providing for an independent assessment of 

NASA’s strategic direction and agency management. 

Construction and Environmental Compliance and Restoration 

• Includes an appropriation for construction and environmental 

compliance and restoration to be available for five years. 

• Includes language restricting receipts and expenditures made 

pursuant to enhanced use lease arrangements and requiring the inclusion of estimates in future budget requests. 

• Includes language amending existing law providing authority 

to accept certain in-kind contributions. 

Office of Inspector Counsel 

• Includes language providing for the multi-year availability of 

funds. 

Administrative Provisions 

• Includes language regarding the availability of funds for announced prizes. 

• Includes language regarding the allocation of funds within 

NASA. 

• Includes language regarding transfers of funds. 

• Includes language amending existing law regarding reductionsin-force. 

• Includes language regarding unexpired balances of previous accounts. 

• Includes language amending existing law regarding the Endeavor Teacher Fellowship Trust Fund. 

• Includes language regarding the submission of a spending 

plan. 


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National Science Foundation 

Research and Related Activities 

• Provides for the multi-year availability of funds. 

• Includes language providing for polar research and operational 

support. 

• Includes language providing that certain receipts may be credited to this appropriation. 

Major Research Equipment and Facilities Construction 

• Provides for the multi-year availability of funds. 

• Includes language prohibiting reimbursement of the Judgment 

Fund. 

Education and Human Resources 

• Provides for the multi-year availability of funds. 

Agency Operations and Award Management 

• Includes language regarding contracts for maintenance and operation of facilities and other services. 

Office of the National Science Board 

• Includes language providing funds for official reception and 

representation. 

Administrative Provision 

• Includes language regarding transfers of funds. 

Title IV—Related Agencies 

Commission on Civil Rights 

Salaries and Expenses 

• Includes language prohibiting expenses to employ in excess of 

a specific level of full-time individuals or to reimburse Commissioners for certain billable days. 

Equal Employment Opportunity Commission 

Salaries and Expenses 

• Includes language designating not to exceed $30,000,000 for 

payments to State and local enforcement agencies. 

• Includes language limiting funds for official reception and representation expenses. 

• Includes language authorizing the Chair to accept donations or 

gifts to carry out the work of the Commission. 

Legal Services Corporation 

Payment to the Legal Services Corporation 

• Includes language regarding pay for officers and employees. 

Administrative Provision 

• Includes language that prohibits the use of funds for certain 

activities. 


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Office of the United States Trade Representative 

Salaries and Expenses 

• Provides for the multi-year availability of funds. • Includes language limiting funds for official reception and representation. 

State Justice Institute 

Salaries and Expenses 

• Includes language limiting funds for reception and representation expenses. 

Title V—General Provisions 

• Includes language that prohibits the use of funds for publicity 

or propaganda purposes unless expressly authorized by law. • Includes language that prohibits any appropriation contained 

in this Act from remaining available for obligation beyond the current fiscal year unless expressly authorized. • Includes language that provides that the expenditure of any 

appropriation contained in this Act for any consulting service 

through procurement contracts shall be limited to those contracts 

where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under 

existing law or under existing Executive Order issued pursuant to 

existing law. • Includes language that provides that if any provision of this 

Act or the application of such provision to any person or circumstance shall be held invalid, the remainder of the Act and the 

application of other provisions shall not be affected. • Includes language that specifies conditions for reprogramming 

of funds. • Includes language that permanently prohibits funds from being 

used to implement, administer, or enforce any guidelines of the 

Equal Employment Opportunity Commission covering harassment 

based on religion similar to proposed guidelines published by the 

EEOC in October 1993. 

• Includes language that provides that if it is determined that 

any person intentionally affixes a ‘‘Made in America’’ label to any 

product that was not made in America that person shall not be eligible to receive any contract or subcontract made with funds made 

available in this Act. 

• Includes language that requires quarterly reporting to Congress on the status of balances of appropriations. 

• Includes language that provides that any costs incurred by a 

department or agency funded under this Act resulting from, or to 

prevent, personnel actions taken in response to funding reductions 

in the Act shall be absorbed with the budgetary resources available 

to the department or agency, and provides transfer authority between appropriation accounts to carry out this provision, subject to 

reprogramming procedures. 

• Includes language that prohibits funds made available in this 

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tions which are not applied equally to all tobacco or tobacco products of the same type. 

• Includes language that permanently prohibits funds from being 

used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to 

implement a background check system that does not require and 

result in the destruction of certain information within 24 hours. 

• Includes language that delays the obligations of any receipts 

deposited into the Crime Victims Fund in excess of $705,000,000 

until October 1, 2012. 

• Includes language that prohibits the use of Department of Justice funds for programs that discriminate against or denigrate the 

religious or moral beliefs of students participating in such programs. 

• Includes language that prohibits the transfer of funds in this 

Act to any department, agency or instrumentality of the United 

States Government, except for transfers made by, or pursuant to 

authorities provided in, this Act or any other appropriations Act. 

• Includes language that provides that funds provided for E-Government Initiatives shall be subject to the procedures set forth in 

section 505 of this Act. 

• Includes language that permanently requires the Bureau of Alcohol, Tobacco, Firearms and Explosives to include specific language in any release of tracing study data that makes clear that 

trace data cannot be used to draw broad conclusions about firearms-related crimes. 

• Includes language that requires certain timetables and procedures for specified audits performed by Inspectors General of the 

departments and agencies funded in this Act and sets limits and 

restrictions on the awarding and use of grants or contracts funded 

by amounts appropriated by this Act. 

• Includes language that prohibits the issuance of patents on 

human organisms. 

• Includes language that prohibits the use of funds in this Act 

to be used to support or justify the use of torture by any official 

or contract employee of the United States Government. 

• Includes language that permanently prohibits the use of funds 

to require certain export licenses. 

• Includes language that permanently prohibits the use of funds 

to deny certain import applications regarding ‘‘curios or relics’’ firearms, parts, or ammunition. 

• Includes language that prohibits the use of funds to include 

certain language in trade agreements. 

• Includes language that prohibits the use of funds in this Act 

to authorize or issue a National Security Letter (NSL) in contravention of certain laws authorizing the Federal Bureau of Investigation to issue NSLs. 

• Includes language that requires congressional notification regarding any project within the Departments of Commerce or Justice, or the National Science Foundation and the National Aeronautics and Space Administration totaling more than $75,000,000 

that has cost increases of at least 10 percent. 

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cal year 2012 until the enactment of the Intelligence Authorization 

Act for fiscal year 2012. 

• Includes language that requires the departments and agencies 

funded in this Act to establish and maintain on the homepages of 

their Internet websites direct links to the websites of their Offices 

of Inspector General, and a mechanism by which individuals may 

anonymously report cases of waste, fraud or abuse. 

• Includes language that prohibits contracts or grant awards in 

excess of $5,000,000 unless the prospective contractor or grantee 

certifies that the organization has filed Federal tax returns, has 

not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has no unpaid Federal tax assessment, except in specified circumstances. 

• Includes language that provides for rescissions of unobligated 

balances in certain departments and agencies funded in this Act. 

• Includes language that prohibits the use of funds in this Act 

for the purchase of first class or premium air travel. 

• Includes language that prohibits the use of funds to pay for the 

attendance of more than 50 department or agency employees at 

any single conference outside the United States, unless the conference is a law enforcement training or operational event where 

the majority of Federal attendees are law enforcement personnel 

stationed outside the United States. 

• Includes language that prohibits the use of funds in this or any 

other Act for the transfer or release of certain individuals detained 

at Naval Station, Guantanamo Bay, Cuba, to or within the United 

States, its territories or possessions. 

• Includes language that prohibits the use of funds in this or any 

other Act to construct, acquire or modify any facility in the United 

States, its territories, or possessions to house certain individuals 

who, as of June 24, 2009, were located at United States Naval Station, Guantanamo Bay, Cuba for the purposes of detention or imprisonment in the custody or control of the Department of Defense. 

• Includes language that prohibits the distribution of funds contained in this Act to the Association of Community Organizations 

for Reform Now or its subsidiaries. 

• Includes language that requires, when practicable, the use of 

funds in this Act to purchase light bulbs that have the ‘‘Energy 

Star’’ or ‘‘Federal Energy Management Program’’ designation. 

• Includes language that requires tracking and reporting of 

undisbursed balances in expired grant accounts. 

• Includes language that prohibits the use of funds to relocate 

the Bureau of the Census or employees from the Department of 

Commerce to the jurisdiction of the Executive Office of the President. 

• Includes language that requires the Departments of Commerce 

and Justice, the National Aeronautics and Space Administration, 

and the National Science Foundation to submit spending plans. 

• Includes language that prohibits the use of funds by the National Aeronautics and Space Administration or the Office of 

Science and Technology Policy to engage in certain bilateral activities. 

• Includes language concerning regulations regarding the importation of certain guns. 


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• Includes language prohibiting funds to any corporation that 

was convicted of a felony criminal violation within the preceding 24 

months. • Includes language prohibiting funds to any corporation with 

certain unpaid Federal tax liabilities. • Includes language concerning regulations regarding certain 

guns. • Includes language providing for an across-the-board rescission. • Includes language that establishes a Spending Reduction Account. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the 

House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law for 

the period concerned: 

APPROPRIATIONS NOT AUTHORIZED BY LAW—FISCAL YEAR 2012 

[dollars in thousands] 

Agency/Program Last Year of 

Authorization 

Authorization 

Level 

Appropriation in 

Last Year of 

Authorization 

Appropriations 

in this Bill 

Department of Commerce 

International Trade Administration 

Export Promotion ........................................... 1996 such sums $264,885 $450,106 

Economic Development Administration 

Salaries and Expenses .................................. 2008 such sums 30,832 37,924 

Economic Development Assistance Programs 

Public Works and Economic Development 2008 425,000 249,100 * 204,200 

National Telecommunications and Information 

Administration 

Salaries and Expenses .................................. 1993 17,900 18,493 40,568 

National Oceanic and Atmospheric Administration 

Operations, Research and Facilities 

National Ocean Service 

Coral Reef Conservation ...................... 2004 16,000 16,000 18,722 

Coastal Zone Management .................. 1999 55,100 58,500 74,630 

Marine Protection, Research, Preservation & Sanctuaries .......................... 2005 40,000 57,958 46,853 

National Marine Fisheries Services 

Endangered Species Act Amendment .. 1992 6,750 † † 

Marine Mammal Protection .................. 1999 14,768 † † 

NOAA Marine Fisheries Program .......... 2000 110,470 † † 

Pacific Coastal Salmon Recovery ................. 2009 90,000 80,000 65,000 

Department of Justice 

General Administration 

Salaries and Expenses .................................. 2009 181,561 105,805 72,338 

Justice Information Sharing Technology ....... 2009 204,152 80,000 44,307 

Law Enforcement Wireless Communications 2009 144,771 185,000 99,800 

Administrative Review & Appeals 

Salaries and Expenses .................................. 2009 243,291 270,000 300,084 

Detention Trustee .............................................. 2009 1,858,509 1,295,319 1,515,626 

Office of the Inspector General 

Salaries and Expenses .................................. 2009 81,922 75,681 84,199 

U.S. Parole Commission 

Salaries and Expenses .................................. 2009 12,711 12,570 12,833 

Legal Activities 

General Legal Activities 

Salaries and Expenses ............................. 2009 764,526 804,007 841,767 

Antitrust Division 

Salaries and Expenses ............................. 2009 162,488 157,788 162,844 


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APPROPRIATIONS NOT AUTHORIZED BY LAW—FISCAL YEAR 2012—Continued 

[dollars in thousands] 

Agency/Program Last Year of 

Authorization 

Authorization 

Level 

Appropriation in 

Last Year of 

Authorization 

Appropriations 

in this Bill 

U.S. Attorneys 

Salaries and Expenses ............................. 2009 1,829,194 1,836,336 1,930,135 

Foreign Claims Settlement Commission 

Salaries and Expenses ............................. 2009 1,429 1,823 2,113 

Fees and Expenses of Witnesses .................. 2009 203,755 168,300 270,000 

Community Relations Service 

Salaries and Expenses ............................. 2009 10,977 9,873 11,456 

Assets Forfeiture Fund Current Budget Authority ....................................................... 2009 22,000 20,990 20,948 

U.S. Marshals Service ....................................... 2009 900,178 954,000 1,134,136 

Salaries and Expenses .................................. N/A N/A 950,000 1,123,511 

Construction .................................................. N/A N/A 4,000 10,625 

National Security Division 

Salaries and Expenses .................................. N/A N/A N/A 87,762 

Interagency Law Enforcement 

Interagency Crime and Drug Enforcement ... 2009 744,593 515,000 527,512 

Federal Bureau of Investigation ........................ 2009 6,480,608 7,301,191 8,075,973 

Salaries and Expenses .................................. N/A N/A 7,147,700 7,994,991 

Construction .................................................. N/A N/A 153,491 80,982 

Drug Enforcement Administration 

Salaries and Expenses .................................. 2009 1,930,462 1,939,084 2,297,658 

Construction .................................................. N/A N/A N/A 10,000 

Bureau of Alcohol, Tobacco, Firearms and Explosives 

Salaries and Expenses .................................. 2009 1,038,939 1,054,215 1,112,542 

Federal Prison System ....................................... 2009 5,698,292 6,171,561 6,411,367 

Salaries and Expenses .................................. N/A N/A 5,595,754 6,312,410 

Buildings and Facilities ................................ N/A N/A 575,807 98,957 

Office on Violence Against Women 

STOP Grants .................................................. 2011 225,000 N/A 210,000 

Transitional Housing Assistance .............. 2011 40,000 N/A 18,000 

Research & Evaluation on Violence 

Against Women .................................... N/A N/A N/A 3,000 

Grants to Encourage Arrest Policies ............. 2011 75,000 N/A 55,000 

Sexual Assault Victims Services ................... 2011 50,000 N/A 20,000 

Rural Domestic Violence & Child Abuse Enforcement .................................................. 2011 55,000 N/A 41,000 

Violence on College Campuses ..................... 2011 15,000 N/A 9,500 

Civil Legal Assistance .................................. 2011 65,000 N/A 41,000 

Elder Abuse Grant Program .......................... 2011 10,000 N/A 4,250 

Safe Havens Program ................................... 2011 20,000 N/A 11,663 

Education & Training for Disabled Female 

Victims ...................................................... 2011 10,000 N/A 5,750 

Court Training and Improvements Program 2011 5,000 N/A 5,000 

Research on Violence against Indian Women 2008 1,000 940 1,000 

Engaging Men and Youth in Prevention ...... 2011 10,000 N/A 3,000 

Services for Children/Youth Exposed to Violence ......................................................... 2011 20,000 N/A 3,000 

Advocates for Youth/Services for Youth Victims (STARY) ............................................ 2011 15,000 N/A 3,500 

Supporting Teens through Education and 

Protection program ................................... 2011 5,000 N/A 2,500 

National Resource Center on Workplace Responses ..................................................... 2011 1,000 N/A 1,000 

Indian Country—Sexual Assault Clearinghouse ........................................................ N/A N/A N/A 500 

OVW Program Management and Administration ........................................................... 2009 16,837 14,000 20,000 

Office of Justice Programs 

Research, evaluation and statistics 

Bureau of Justice Statistics ..................... 1995 33,000 32,335 46,585 

National Institute of Justice ..................... 1995 33,000 58,879 41,000 


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APPROPRIATIONS NOT AUTHORIZED BY LAW—FISCAL YEAR 2012—Continued 

[dollars in thousands] 

Agency/Program Last Year of 

Authorization 

Authorization 

Level 

Appropriation in 

Last Year of 

Authorization 

Appropriations 

in this Bill 

Regional information sharing .................. 2003 100,000 29,000 25,000 

Missing and Exploited Children ............... 2004 such sums 36,000 70,000 

State and local law enforcement assistance 

Byrne Memorial Justice Assistance Grants 

Domestic Radicalization Research ...... N/A N/A N/A 5,000 

Criminal Justice Reform and Recidivism Reduction ................................ N/A N/A N/A 6,000 

Presidential Nominating Convention 

Security ............................................ N/A N/A N/A 4,000 

Southwest Border Prosecutions ................ N/A N/A N/A 25,730 

Byrne Competitive Grants ........................ N/A N/A N/A 15,000 

Missing Alzheimer’s Patient Grants ......... 1999 900 898 2,000 

Victims of Trafficking Grants (22 U.S.C. 

7110) .................................................... 2011 10,000 N/A ‡ 10,500 

Victims of Trafficking Grants (42 U.S.C. 

14044c(d)) ........................................... 2011 20,000 N/A ‡ 10,500 

Drug Courts .............................................. 2008 70,000 15,200 40,000 

Prescription Drug Monitoring ................... N/A N/A N/A 7,000 

Prison Rape Prevention and Prosecution 2010 40,000 15,000 12,500 

Residential Substance Abuse Treatment 2000 72,000 61,677 15,000 

Wrongful Conviction Review ..................... 2009 18,750 1,375 1,000 

Tribal Assistance 

Tribal Prison Construction ................... 2000 2,753 5,000 8,300 

Indian Tribal Courts ............................. 2004 such sums 7,898 20,750 

Indian Alcohol and Substance Abuse 

grants .............................................. N/A N/A N/A 9,960 

Legal Assistance .................................. 2004 such sums N/A 2,490 

CASA—Special Advocates ........................ 2011 12,000 N/A 6,000 

Criminal Records Upgrade ....................... 2007 250,000 9,873 6,000 

Second Chance Act/Offender Reentry ...... 2010 55,000 100,000 70,000 

Juvenile Justice State Formula Grants ..... 2007 such sums 78,978 40,000 

Juvenile Justice Youth Mentoring Grants N/A N/A N/A 83,000 

Investigation and Prosecution Of Child 

Abuse ................................................... 2005 49,300 15,000 15,000 

Methamphetamine Lab Cleanups ............ 2010 99,000 10,000 15,000 

Transfer to DEA .................................... see DEA S&E 

above 

10,000 15,000 

DNA Initiative 

Post-Conviction DNA Testing grants ... 2009 5,000 5,000 4,150 

Child Sexual Predator program (for 

grants under SOMA [42 U.S.C. 16926]) 2009 such sums 5,000 9,000 

OJP Program Management and Administration .................................................. 2009 132,226 130,000 80,000 

Related Agencies 

Commission on Civil Rights 

Salaries and Expenses .................................. 1995 9,500 8,904 8,000 

International Trade Commission 

Salaries and Expenses .................................. 2004 57,240 58,295 81,696 

Payment to the Legal Services Corporation 

Salaries and Expenses .................................. 1980 205,000 300,000 300,000 

Marine Mammal Commission 

Salaries and Expenses .................................. 1999 1,750 1,240 3,025 

Office of the U.S. Trade Representative 

Salaries and Expenses .................................. 2004 33,108 41,552 51,251 

State Justice Institute 

Salaries and Expenses .................................. 2008 7,000 3,760 5,121 

* Of the $220,000,000 in the bill for economic development assistance programs, $15,800,000 is for Trade Adjustment 

Assistance for Firms, which was reauthorized through February 2, 2012 (19 U.S.C. 2349(b)). The authorization for the remaining $204,200,000 has lapsed. 

† NOAA authorizations are spread across over 60 separate statutory authorities. In many cases, the authorizations do not 

match exactly to specific programs. Indeed, several NOAA programs were authorized under at least three different statutes, 

each covering different portions of the program. 


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‡ The Committee provides a total of $10,500,000 for programs formerly authorized by 22 U.S.C. 7110 and 42 U.S.C. 

14044c(d) and does not specify an amount for each program. 

COMPARISON WITH THE BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and section 308(a)(1)(A) of the Congressional 

Budget Act of 1974, the following table compares the levels of new 

budget authority and outlays provided in the bill with the appropriate allocations made under section 302(b) of the Budget Act. 

BUDGETARY IMPACT PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE 

PURSUANT TO SEC. 308(a), PUBLIC LAW 93–344, AS AMENDED 

[In millions of dollars] 

302(b) Allocation This Bill 1

Budget 

Authority Outlays Budget Authority Outlays 

Comparision of amounts in the bill with Committee allocations to its 

subcommittees of amounts in the First Concurrent Resolution of 2012: 

Subcommittee on Commerce, Justice, Science 

General purpose discretionary .............................................................. 50,237 62,446 50,229 1 62,240 

Mandatory ............................................................................................. 272 284 272 284 

1 Includes outlays from prior year budget authority. 

FIVE-YEAR OUTLAY PROJECTIONS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(B) of 

the Congressional Budget Act of 1974, the following table contains 

five-year projections associated with the budget authority provided 

in the accompanying bill, as provided to the Committee by the Congressional Budget Office. 

Projection of outlays associated with the recommendation: 

2012 ................................................................................................................................................................ 1 36,616 

2013 ................................................................................................................................................................ 13,572 

2014 ................................................................................................................................................................ 3,237 

2015 ................................................................................................................................................................ 1,734 

2016 and future years .................................................................................................................................... 2,118 

1 Excludes outlays from prior year budget authority. 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(C) of 

the Congressional Budget Act of 1974, the Congressional Budget 

Office has provided the following estimates of new budget authority 

and outlays provided by the accompanying bill for financial assistance to State and local governments. 

[In millions of dollars] 

Budget Authority ....................................................................................................................................................... ¥4,178 

Outlays ...................................................................................................................................................................... 1¥35 

1 Excludes outlays from prior year budget authority. 


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CONSTITUTIONAL AUTHORITY

Pursuant to section 6(e) of the rules of the Committee on Appropriations, the following statement is submitted regarding the specific powers granted to Congress in the Constitution to enact the 

accompanying bill: 

The principal constitutional authority for this legislation is 

clause 7 of section 9 of article I of the Constitution of the United 

States (the appropriation power), which states: ‘‘No Money shall be 

drawn from the Treasury, but in Consequence of Appropriations 

made by Law . . .’’ In addition, clause 1 of section 8 of article I of 

the Constitution (the spending power) provides: ‘‘The Congress 

shall have the Power . . . to pay the Debts and provide for the 

common Defense and general welfare of the United States . . .’’ Together, these specific constitutional provisions establish the congressional power of the purse, granting Congress the authority to 

appropriate funds, to determine their purpose, amount, and period 

of availability and to set forth terms and conditions governing their 

use. 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) 

AUTHORITY

The following table provides a detailed summary, for each department and agency, comparing the amounts recommended in the 

bill with fiscal year 2011 enacted amounts and budget estimates 

presented for fiscal year 2012: 


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MINORITY VIEWS 

We are deeply grateful for the Subcommittee Chairman’s laudable effort to make the best of a very difficult funding allocation 

and we appreciate the open and bipartisan manner in which he has 

approached the process this year. Even the best process and the 

best of intentions, however, cannot make up for the low allocation 

imposed on the Subcommittee, which was based, of course, on the 

low allocation imposed on the Appropriations Committee itself. 

The annual Commerce, Justice, Science and Related Agencies 

(CJS) Appropriations Act funds a diverse set of departments and 

agencies with missions that are critical to the security and economic competitiveness of the nation. Unfortunately, the bill for FY 

2012 approved by the Committee provides only $50.2 billion, a cut 

of $3.1 billion (5.8 percent) below FY 2011 and $7.4 billion (12.9 

percent) below the Administration’s request. This allocation is even 

below the FY 2007 level, severely impacting many critical missions 

of CJS agencies. 

Although the Chairman fully funded certain high priority programs, including the Federal Bureau of Investigation, the Office on 

Violence Against Women and the International Trade Administration, the Subcommittee allocation simply does not allow for adequate funding for the vast array of other important programs in 

the bill. The Subcommittee’s allocation, in turn, was limited by the 

budget resolution passed by the House, which took a ‘‘cut first and 

ask questions later’’ approach, with virtually no analysis of how the 

overall cut would translate into reducing the capabilities of federal 

agencies and programs. The consequences will be obvious. The cuts 

will both impair the ability of CJS agencies to fulfill their missions 

and increase future costs to taxpayers by requiring those agencies 

to cancel certain contracts and postpone some essential activities. 

DEPARTMENT OF COMMERCE

Title I of the bill provides a total of $7.2 billion for the Commerce Department, a decrease of $419.7 million below the FY 2011 enacted level and $1.6 billion below the Administration’s request. The International Trade Administration is funded at $450.2 million, a cut of $66.4 million below the request. This means that the 

vast majority of the Commerce Department’s portion of the Administration’s National Export Initiative—aimed at creating American 

jobs by boosting exports—will remain unfunded. The Bureau of Industry and Security (BIS) receives $100 million, a cut of $11.1 million below the request. The BIS requested funding 

to hire enforcement agents and intelligence analysts to enhance the 

Bureau’s ability to ensure that sensitive technology exports do not 

end up in the wrong hands, but this funding level will render BIS 

unable to hire additional personnel, thus putting our economy and 

security at further risk. 


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We are pleased that the bill provides up to $5 million to the Economic Development Administration (EDA) for a new program to 

provide loan guarantees to small and medium-sized businesses to 

help develop innovative new products and new technologies. The 

bill also provides $5 million for a new grant program to relocate 

jobs back to the United States that had previously been placed outside the United States. Funding is also maintained for the Trade 

Adjustment Assistance for Firms program. However, it is troubling 

that the bill cuts EDA as a whole by $25.8 million (9 percent) 

below FY 2011 and $67.3 million (20.7 percent) below the request. 

This is an unwise cut, in our judgment, particularly at a time when 

unemployment remains high. The EDA helps distressed communities create jobs, and the cut means EDA will have fewer resources to accomplish this critical task. 

The bill slashes Census Bureau funding by $170.3 million (16.6 

percent) below the request. The cut would greatly harm the Bureau’s ongoing work, including the 2012 Economic Census. This important economic data-gathering effort ensures the accuracy of 

Gross Domestic Product data and other key economic indicators 

that are vital to the decisions of both government policymakers and 

the private sector. 

The budget cut would also harm the accuracy of the Census Bureau’s American Community Survey (ACS), which is the key source 

of annual socio-economic and demographic data about the nation 

used by decisionmakers in the private sector and at all levels of 

government to make resource allocation decisions. In a letter expressing support for fully funding the Administration’s request for 

ACS, the U.S. Chamber of Commerce noted: 

ACS data points are critical for business decisionmaking 

and long range planning. The business community uses 

census information daily to drive sound investment decisions affecting the allocation of resources throughout the 

country. 

Furthermore, the cut to the Census Bureau’s budget will render 

it unable to begin early preparations for the 2020 Census that are 

needed to help minimize its eventual cost. As the American Statistical Association noted in a recent letter to the Appropriations 

Committee, ‘‘cuts to the Census Bureau’s budget will cost taxpayers 

billions of dollars in the long run . . . furthermore, because census 

data guide more than half a trillion dollars in federal assistance, 

action that undermines such data could prevent this assistance 

from reaching places where it would be most helpful.’’ The Census 

is an obligation that Congress has been given under the Constitution, and should be given a higher priority. 

The bill cuts the National Institute of Standards and Technology 

(NIST) by $50 million (6.7 percent) below FY 2011 and $301 million (30 percent) below the request. While the bill maintains the 

Manufacturing Extension Partnership program at the FY 2011 

level and funds the National Innovation Marketplace effort, other 

NIST programs are cut substantially. The bill provides no funding 

for the Technology Innovation Program, the Baldrige Performance 

Excellence Program, or the proposed new Advanced Manufacturing 


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Technology Consortia program. These programs invest in American 

innovation and competitiveness. 

The bill also cuts funding for NIST Scientific and Technical Re- search and Services by $162.5 million below the President’s request. The reduction will render NIST unable to fund an array of 

planned new initiatives designed to bolster research in critical 

areas and to promote proven services to strengthen U.S. manufacturing in high-value-added product markets. Finally, NIST will 

be unable to fund its requested $43.4 million initiative to strengthen the development and promulgation of effective cybersecurity 

standards. 

We are also very concerned about the substantial cuts to NOAA programs. NOAA overall is funded in the bill at $4.5 billion, which 

is $56.9 million below FY 2011 and $1 billion below the request. 

Within the NOAA Operations, Research, and Facilities account, we 

are pleased that the Committee bill fully funds the National 

Weather Service (NWS) at the President’s requested level of $908 

million. However, the operations, research, and facilities budgets of 

the NOAA units outside of the NWS are cut by a total of $443.2 

million (19.2 percent) below the FY 2011 enacted level, and $601.8 

million (24.4 percent) below the President’s request. These cuts will 

have significant consequences across a wide array of NOAA’s environmental and research efforts. 

The NOAA Procurement, Acquisition, and Construction account is increased by $368.4 million (27.6 percent) above FY 2011. However, this amount is $351.7 million (17.1 percent) below the level 

in the President’s requests—and the requested level is necessary to 

maintain the pace of work on NOAA’s satellite programs needed to 

minimize gaps in weather data coverage. While funding for the 

Joint Polar Satellite System has been increased substantially compared to FY 2011, it remains more than $168 million below the 

level in the President’s request. Polar-orbiting weather satellites 

help provide critical weather forecasting for the $700 billion maritime commerce sector. In addition, they save approximately $200 

million each year for the aviation industry in ash forecasting alone, 

and these satellites provide drought forecasts worth billions of dollars per year to the farming, transportation, tourism, and energy 

sectors. We are concerned that the anticipated future weather data 

gap associated with NOAA’s polar-orbiting weather satellite—already expected to be up to a year—will be further lengthened as 

a result of this cut to the President’s budget request. 

In addition, the bill cuts funding for NOAA’s GOES–R geostationary weather satellite procurement by $50 million below the 

request, which will likely result in launch delays to this satellite 

as well. Geostationary weather satellites help to accurately track 

life-threatening tornadoes, floods, and hurricanes, as well as solar 

activity that can impact satellite-based electronics, communications, and power industries. We cannot afford data gaps in these 

areas. 

The Committee mark cuts funding for the Jason-3 satellite by 

$33 million, or 62 percent, below the request. This satellite is designed to measure sea surface heights and help forecast severe 

weather activity over the ocean. The Committee mark provides no 

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mate Observatory (DSCOVR) satellite, which is designed to predict 

solar and deep space activity that can negatively impact electrical 

power grids, communication satellites, and aviation instruments. 

Finally, the Committee mark provides no funding ($11.3 million 

was requested) for the COSMIC–2 satellite, which provides measurement profiles of atmospheric temperature, humidity, and pressure that are fed into National Weather Service Numerical Weather Prediction models. 

When we consider the human and economic impact of not having 

accurate weather data, combined with the inevitable added cost to 

the taxpayer of delaying these procurements, it becomes clear that 

these cuts below the President’s request must be restored. 

DEPARTMENT OF JUSTICE

Title II of the bill provides a total $26.3 billion for the Depart- ment of Justice (DOJ), a cut of $1.1 billion below the FY 2011 level 

and $2.4 billion below the budget request. While some components 

of DOJ are level funded, this represents a cut in real terms to ongoing missions and activities, the costs of which continue to rise 

significantly from year-to-year. 

Furthermore, DOJ’s federal law enforcement and litigation components received substantial supplemental funding in recent years 

for additional agents, attorneys and other personnel needed to address challenges along the southwest border, to increase apprehensions of fugitive sex offenders, and for other critical federal law enforcement priorities. Except for the Federal Bureau of Investigation, the bill fails to provide the funding for the full integration of 

these additional personnel. By the end of FY 2012, if the funding 

levels in this bill were to be enacted, DOJ would lose an estimated 

7,500 positions, a reduction of 6 percent, including law enforcement 

agents and attorneys. The DOJ General Administration account is cut by $46 million, or 39 percent, below the current level and $62 million below the 

budget request; the cut will mean the loss of more than half of the 

current staff of the Department’s leadership and policy offices, severely crippling the management of federal law enforcement. 

The Justice Information Sharing Technology appropriation is cut 

by 18.5 percent below the request, which would disrupt critical IT 

services—including cyber security safeguards—at a time when 

cyber threats are becoming increasingly frequent and severe. 

The bill provides no increase for the Office of Federal Detention 

Trustee (OFDT). This office pays the costs of detaining individuals 

awaiting federal prosecution or transfer to the Bureau of Prisons. 

The population of detainees has grown by 6 percent since FY 2010, 

which translates to an increase of 3,000 detainees daily. In addition, the daily cost to house detainees is expected to grow by 3 percent in FY 2011 and FY 2012. At the funding level in the bill, 

OFDT could only operate through early September 2012 and U.S. 

attorneys could potentially find their prosecution activities limited 

by the inability to detain some of the alleged criminals they wish 

to prosecute. 

The U.S. Marshals Service (USMS) is also funded at the FY 2011 

level, which is $121 million below the minimum amount required 

to carry out its important missions in FY 2012. At this funding 


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level, USMS would have to furlough every employee for three 

weeks during the year, severely impacting fugitive apprehension, 

Adam Walsh Act enforcement, efforts to combat violent gang crime, 

and judicial protection. Such limits on the USMS would also exacerbate the funding pressures on OFDT, which relies on USMS for 

transporting individuals for court appearances and to federal prisons following sentencing. Detainees would be in custody for at least 

5 additional days per sentenced-prisoner, resulting in additional 

costs of nearly $23 million. 

The Administrative Review and Appeals account, which primarily funds the Executive Office of Immigration Review, is also 

flat funded by the bill. Funding at this level would result in the 

loss of all of the new immigration judges hired over the last few 

years to help reduce the immigration case backlog, and would lead 

to a significant increase in the number of immigration matters 

pending adjudication, which currently stands at 275,000. As the 

immigration case backlog increases, the average number of days 

that Immigration and Customs Enforcement (ICE) detains individuals will rise, with a corresponding increase in ICE’s detention 

costs. Meanwhile, the bill provides no funding to expand the Legal 

Orientation Program, which has been shown to speed the conclusion of immigration court proceedings for program participants by 

an average of 13 days, with a corresponding reduction in the cost 

of detention. 

The bill cuts $22.4 million, or 2.6 percent, from the General 

Legal Activities account, which supports the various DOJ legal divisions. These components require an $88 million increase above 

the FY 2011 level, or $110 million more than in the bill, to pay the 

cost of fully integrating the 300 attorneys added in 2010 and to 

continue the current pace of prosecutions and litigation in defense 

of the United States. The Tax Division would lose an estimated 56 

attorneys; the Criminal Division would lose an estimated 74 positions; and the Civil Division could be forced to implement an 11- 

day, division-wide furlough, equivalent to the loss of 55 positions, 

which would impact major casework, including Deepwater Horizon 

and Hurricane Katrina litigation. This cut below the current services level would also impact the Treasury through reduced tax enforcement activities and reduced civil and criminal fines, as many 

more cases would have to be settled on terms less favorable to the 

Government. In addition, more judgments against, and penalties 

imposed on, the Government would result in increased payouts 

from the Judgment Fund. 

The bill provides no increase for the Executive Office for United 

States Attorneys, which requires an additional $62 million to cover 

the cost of fully integrating new positions added in 2009 and 2010 

and to cover the inflationary costs of investigations and prosecutions across the country. This funding level would result in the loss 

of hundreds of positions, likely impacting Southwest border enforcement and Project Safe Childhood prosecutions, and would result in 11,000 (8 percent) fewer criminal cases and 3,000 fewer civil 

cases. By the end of FY 2012, position vacancies would increase to 

an estimated 1,000, and the result would be billions of dollars lost 

to the federal government through the reduced collection of civil 

and criminal debt. 


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The Committee report indicates that the bill increases funding 

for the Drug Enforcement Administration (DEA). However, this calculation includes DEA’s fee revenue for diversion control activities, 

which is mandatory funding not appropriated in the bill. When 

counting only appropriated funding for DEA’s non-diversion control 

activities, the bill cuts DEA’s budget by $42 million, or 2.1 percent, 

which would result in DEA losing at least 225 non-diversion positions, including 100 special agents. Even when including all of 

DEA’s funding sources, both appropriated and fee revenue, the net 

new resources available to DEA in FY 2012 would be slightly below 

the FY 2011 level because the bill includes a rescission of $30 million from DEA’s prior year appropriations. 

For the Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF), the bill provides $1.1 billion, $57 million below the current 

services level. ATF would experience a net loss of approximately 

400 positions at this funding level. In addition, the bill makes permanent a number of provisions related to the regulation of firearms, including the ‘‘Tiahrt’’ provision, which the bill has carried 

on an annual basis in prior years. No matter what one thinks of 

these provisions, the Appropriations Committee has no business in 

making permanent these controversial provisions that are properly 

under the jurisdiction of the authorizing committee. 

Funding for the Bureau of Prisons (BOP) is at least $188 million 

less than what BOP needs to cover the growth in costs for housing 

an expanding population of inmates. At the funding level provided 

in this bill, BOP would run out of money before the end of the fiscal year. Further, this base funding requirement does not include 

the extra $63 million BOP needs to activate three newly-built prisons. While the Committee report establishes an expectation that 

BOP will prioritize the activation of new prisons, the reality is that 

these three prisons will sit largely idle at a cost of $60 million just 

to maintain them. 

While the appropriation for the Buildings and Facilities account 

is approximately at the FY 2011 level, the bill also rescinds $110 

million in prior year unobligated appropriations, $75 million more 

than had been proposed by DOJ for FY 2012. DOJ had proposed 

using the remainder of these unobligated funds for the acquisition 

of a new, high security prison facility to help mitigate the current 

52 percent overcrowding rate at BOP’s high security facilities. 

The burden of cuts in the bill falls disproportionately on the 

State and local grant programs at the Department of Justice, which 

are slashed by more than $1 billion, or 38 percent compared to FY 

2011. Cuts to these grants represent more than one third of the 

cuts in the entire bill, even though grants made up only 4.6 percent 

of the bill for FY 2011. Compared to FY 2010, these programs 

would be cut by nearly $2 billion, or 53 percent. As a result, State, 

local and tribal governments would be starved for law enforcement 

and criminal justice resources. 

Second Chance Act programs are funded at $70 million, a 15 percent cut from the FY 2011 level and a 30 percent reduction from 

FY 2010. Youth-oriented programs in the bill are cut by $199 million, or 55 percent, including the outright elimination of several 

programs. 


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The bill entirely eliminates funding for the Office of Community 

Oriented Policing Services (COPS), including all funding for the 

COPS hiring program, the Secure our Schools program and COPS 

training and technical assistance activities. 

The collection and dissemination of criminal justice statistics and 

research on ‘‘what works’’ in criminal justice are arguably the most 

fundamental role for the federal government in helping state, local 

and tribal governments improve criminal justice systems. Yet, the 

bill cuts funding for the National Institute of Justice by 14 percent 

and cuts the Bureau of Justice Statistics by 22 percent. Further, 

not one of the new, evidenced-based grant programs proposed by 

the Office of Justice Programs is supported in the bill. 

SCIENCE

Title III of the bill provides a total of $23.6 billion for Science 

programs, a cut of $1.7 billion below FY 2011 and $2.8 billion 

below the requested amount. 

The bill provides only $3 million for the Office of Science and 

Technology Policy (OSTP) in the Executive Office of the President, 

a cut of $3.6 million, or 55 percent. Report language directs OSTP 

to focus its remaining resources on the coordination and improvement of Science, Technology, Engineering, and Mathematics 

(STEM) education efforts across the government. OSTP plays an 

important role in improving STEM education and science and technology education is critical to this country’s ability to successfully 

compete globally. However, OSTP has a much broader role in coordinating science and technology policy across the executive 

branch, a role that would be severely undercut by the funding level 

in this bill. When we are asking agencies across the federal government to find efficiencies and eliminate duplication, funding for coordinating agencies such as OSTP should not be slashed. 

The bill funds the National Science Foundation (NSF) at approximately the FY 2011 level. We should keep in mind, however, that 

the Rising Above the Gathering Storm report prescribed a doubling 

of NSF funding that would have required a 34 percent higher funding level for NSF Research and Related Activities in FY 2012 than 

the bill would provide, and 39 percent more funding for NSF overall. Level funding for NSF may be a good outcome in the context 

of this bill’s low funding allocation, but not in terms of what we 

should be investing in the basic research that is crucial to our economy. Compared to the amount requested by NSF for FY 2012, the 

funding level in the bill would lead to 2,200 fewer NSF grants and 

26,000 fewer graduate students, undergraduate students and 

teachers supported. 

The NSF Major Research Equipment and Facilities Construction 

account is funded at only 44 percent of the requested level. This 

dramatically lower funding level would result in the termination of 

approximately $100 million in contracts for work in progress on 

major facilities for environmental and oceanographic research, and 

it means roughly 100 scientific and technical staff would be laid off. 

Supplier companies would face even greater constraints. The associated delays in construction would result in a $100 million increase in the lifecycle costs of these projects, a prime example of 


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how the subcommittee’s low funding allocation will translate into 

greater costs to the taxpayer down the road. 

NSF’s Education and Human Resources directorate, which plays 

a crucial role in the development of evidence-based STEM education curricula and the nurturing of the country’s future STEM 

work force, is cut by $27 million, which is $77 million below the 

request. 

The bill provides a total of $16.8 billion for the National Aeronautics and Space Administration, a cut of $1.7 billion below FY 

2011 and $1.9 billion below the request. While we are pleased that 

funding is provided for a comprehensive, independent assessment 

of NASA’s strategic direction and agency management, many of the 

funding cuts to NASA are very problematic. 

Within the NASA total, Science is cut by $435.9 million (8.8 percent) below FY 2011. While the bill unfortunately eliminates funding for the James Webb Space Telescope, we are grateful for the 

chairman’s commitment to consider funding this effort later in the 

process. NASA has begun to address management issues identified 

by the Independent Comprehensive Review Panel, and new leadership is overseeing this project. Nearly 75 percent of the spacecraft 

is already in fabrication; this is not the time to pull the plug on 

the project. The James Webb Space Telescope will be 100 times 

more powerful than the Hubble Space Telescope, and will greatly 

advance our scientific understanding of the universe, allowing us to 

see images of the first glows (or glimmers of light) after the Big 

Bang. 

The NASA Exploration account is cut by $303.3 million, or 7.7 

percent, below the budget request. Within this overall account, we 

are disappointed that funding for Commercial Crew Development 

is cut by $538 million, or 63 percent, below the level in the President’s request. The requested level is necessary for ensuring that 

American-built and operated spacecraft will be able to transport astronauts to the International Space Station (ISS) as soon as possible, so that the United States can minimize the amount of time 

it needs to rely on Russian Soyuz spacecraft for crew transportation to the ISS. This funding cut is not a true savings; the United 

States will need to pay Russia at least $63 million per seat, for a 

longer period of time, to fly to the Space Station on Soyuz spacecraft. 

NASA Education is funded at $137.9 million, a cut of $7.6 million 

(5.3 percent) below FY 2011. We are pleased that the Committee 

mark maintains funding for the Minority University Research and 

Education Program at $31.4 million, an increase of nearly $800,000 

above the FY 2010 level. However, we are disappointed that there 

are very significant cuts below FY 2010 in the NASA Space Grant 

program (¥$18.9 million, or 41.4 percent) and the Experimental 

Program to Stimulate Competitive Research (EPSCOR) program 

(¥$15.8 million, or 63 percent). 

RELATED AGENCIES

Title IV provides a total of $815 million for the bill’s related 

agencies, a cut of $103 million below FY 2011 and $177 million 

below the request. 


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The establishment of justice is one of six primary purposes identified in the Preamble to the Constitution. The access to justice 

mission of the Legal Services Corporation (LSC), therefore, is 

among the most important of all the agencies funded through the 

bill. Therefore, we are deeply disturbed that the bill provides only 

$300 million for LSC, a cut of $104 million or 26 percent. FY 2012 

funding would be equal to the LSC appropriation in FY 1999. A cut 

of this magnitude would result in 235,000 fewer eligible Americans 

having access to legal services. This cut falls predominately on 

some of the most vulnerable members of our society, with women 

and children representing three out of four users of legal services. The bill provides $366 million for the Equal Employment Oppor- tunity Commission, $19 million below the request. Funding at this 

level would require a furlough of the entire EEOC workforce for 

nearly four weeks, and would result in the loss of 20 trial attorneys, 30 to 40 fewer cases filed, and a 13 percent increase in the 

pending charge inventory. 

COMMITTEE AMENDMENTS

During Committee consideration of the bill, two amendments 

were adopted that we find particularly troubling. First, the Committee adopted an amendment that would prevent the enforcement 

of a reporting requirement finalized by the Office of Management 

and Budget just days before Committee consideration of the bill. 

Under this new requirement, firearms dealers would report multiple sales of certain semi-automatic rifles—those greater than .22 

caliber that also have the ability to accept a detachable magazine— 

to the same individual within a five-day period in the four Southwest border states. 

This reporting requirement is identical to one that has existed 

for decades for handguns and in no way does it hinder the ability 

of any law-abiding person to purchase as many rifles as they like. 

The very narrow expansion of the existing reporting requirement 

is an important tool for federal law enforcement in the effort to uncover illegal trafficking operations intended to supply semi-automatic weapons to the violent drug gangs across the border. 

Another amendment adopted in Committee would also prohibit 

the Executive Branch from carrying out its legal responsibilities 

under federal law. The Department of Justice is responsible for enforcing the Gun Control Act of 1968, and under that law, firearms 

cannot be imported if they have characteristics that are not consistent with sporting purposes. In recent years, however, there has 

been a certain amount of confusion about how the Gun Control Act 

should be applied to shotguns with characteristics that are similar 

to military style or law enforcement style rifles and, in effect, this 

uncertainty has made shotgun importers very cautious about what 

they import. 

In January of this year, ATF published a study which concluded 

that shotguns with certain characteristics—such as a grenade 

launcher mount, a flash suppressor, a magazine with more than 

five rounds or a drum magazine—are not designed for sporting purposes and should not be imported. This is consistent with the criteria used for rifles. The new rule, which has not yet gone into effect, will provide certainty to importers while it would have no imVerDate Mar 15 2010 08:02 Jul 21, 2011 Jkt 067429 PO 00000 Frm 00146 Fmt 6604 Sfmt 6602 E:\HR\OC\HR169.XXX HR169

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pact on the ability to manufacture, sell or distribute domesticallymade shotguns. 

This Committee simply has no business in tying the hands of law 

enforcement agencies as they attempt to carry out federal law. If 

Members want to change the laws of the land, there is a process 

for that, and it begins with the authorizing committees. 

We want to reiterate our appreciation for the Subcommittee 

Chairman’s adherence to regular order in drafting the bill and 

throughout the appropriations process. It is all the more unfortunate, therefore, that the process has been unable, so far, to overcome the limitations imposed by the bill’s inadequate allocation. 

Funding levels throughout the bill would have significant deleterious consequences on the basic capabilities and missions of the 

bill’s departments and agencies—missions that are fundamentally 

important to the security and economic competitiveness of the -Nation. 

NORM DICKS. 

CHAKA FATTAH. 

Æ 


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