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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1572 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 170
112th CONGRESS
  1st Session
                                S. 1572

                          [Report No. 112-78]

  Making appropriations for Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
                     2012, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2011

   Ms. Mikulski, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
  Making appropriations for Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
                     2012, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for Departments of Commerce and Justice, and Science, and 
Related Agencies for the fiscal year ending September 30, 2012, and for 
other purposes, namely:

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; 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 International Trade 
Administration between two points abroad, without regard to 49 U.S.C. 
40118; employment of Americans and aliens by contract for services; 
rental of space abroad for periods not exceeding 10 years, and expenses 
of alteration, repair, or improvement; purchase or construction of 
temporary demountable exhibition structures for use abroad; payment of 
tort claims, in the manner authorized in the first paragraph of 28 
U.S.C. 2672 when such claims arise in foreign countries; not to exceed 
$245,250 for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed $45,000 
per vehicle; obtaining insurance on official motor vehicles; and rental 
of tie lines, $441,104,000, to remain available until September 30, 
2013, of which $9,439,000 is to be derived from fees to be retained and 
used by the International Trade Administration, notwithstanding 31 
U.S.C. 3302:  Provided further, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 
U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act of 
1961 shall include payment for assessments for services provided as 
part of these activities:  Provided further, That up to $2,500,000 from 
amounts provided herein may be available for necessary expenses of the 
Commercial Law Development Program, including those authorized under 
section 636(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2396(a)).

                    Bureau of Industry and Security

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $11,250 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $98,138,000, to remain available until expended, of 
which $31,279,000 shall be for inspections and other activities related 
to national security:  Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities:  Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, for trade adjustment 
assistance, and for grants authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as 
added by section 603 of the America COMPETES Reauthorization Act of 
2010 (Public Law 111-358), $220,000,000, to remain available until 
expended.
    For an additional amount for ``Economic Development Assistance 
Programs'' for expenses related to disaster relief, long-term recovery, 
and restoration of infrastructure in areas that received a major 
disaster designation in 2011 pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), 
$135,000,000, to remain available until expended:  Provided, That such 
amount is designated by Congress as being for disaster relief pursuant 
to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $37,166,000:  Provided, 
That these funds may be used to monitor projects approved pursuant to 
title I of the Public Works Employment Act of 1976, title II of the 
Trade Act of 1974, and the Community Emergency Drought Relief Act of 
1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $29,732,000.

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$95,119,000.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$253,336,000:  Provided, That from amounts provided herein, funds may 
be used for promotion, outreach, and marketing activities.

                     periodic censuses and programs

                     (including transfer of funds)

    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $690,000,000, to 
remain available until September 30, 2013:  Provided, That from amounts 
provided herein, funds may be used for additional promotion, outreach, 
and marketing activities:  Provided further, That within the amounts 
appropriated, $1,000,000 shall be transferred to the Office of the 
Inspector General for activities associated with carrying out 
investigations and audits related to the Bureau of the Census.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $45,568,000, 
to remain available until September 30, 2013:  Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, operations, and related services, and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended:  Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

    For the administration of prior-year grants, recoveries and 
unobligated balances of funds previously appropriated are hereafter 
available for the administration of all open grants until their 
expiration.

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the USPTO, $2,706,313,000 to remain available 
until expended:  Provided, That the sum herein appropriated from the 
general fund shall be reduced as offsetting collections assessed and 
collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are 
received during fiscal year 2012, so as to result in a fiscal year 2012 
appropriation from the general fund estimated at $0:  Provided further, 
That during fiscal year 2012, should the total amount of offsetting fee 
collections and the surcharge provided herein be less than 
$2,706,313,000 this amount shall be reduced accordingly:  Provided 
further, That any amount received in excess of $2,706,313,000 in fiscal 
year 2012 and deposited in the Patent and Trademark Fee Reserve Fund 
shall remain available until expended:  Provided further, That the 
Director of the Patent and Trademark Office shall submit a spending 
plan to the Committees on Appropriations of the House of 
Representatives and the Senate for any amounts made available by the 
preceding proviso and such spending plan shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section:  Provided further, That from amounts 
provided herein, not to exceed $750 shall be made available in fiscal 
year 2012 for official reception and representation expenses:  Provided 
further, That in fiscal year 2012 from the amounts made available for 
``Salaries and Expenses'' for the USPTO, the amounts necessary to pay: 
(1) the difference between the percentage of basic pay contributed by 
the USPTO and employees under section 8334(a) of title 5, United States 
Code, and the normal cost percentage (as defined by section 8331(17) of 
that title) as provided by the Office of Personnel Management (OPM) for 
USPTO's specific use, of basic pay, of employees subject to subchapter 
III of chapter 83 of that title; and (2) the present value of the 
otherwise unfunded accruing costs, as determined by OPM for USPTO's 
specific use of post-retirement life insurance and post-retirement 
health benefits coverage for all USPTO employees who are enrolled in 
Federal Employees Health Benefits (FEHB) and Federal Employees Group 
Life Insurance (FEGLI), shall be transferred to the Civil Service 
Retirement and Disability Fund, the Employees Life Insurance Fund, and 
the Employees Health Benefits Fund, as appropriate, and shall be 
available for the authorized purposes of those accounts:  Provided 
further, That any differences between the present value factors 
published in OPM's yearly 300 series benefit letters and the factors 
that OPM provides for PTO's specific use shall be recognized as an 
imputed cost on PTO's financial statements, where applicable:  Provided 
further, That sections 801, 802, and 803 of division B, Public Law 108-
447 shall remain in effect during fiscal year 2012:  Provided further, 
That the Director may, this year, reduce by regulation fees payable for 
documents in patent and trademark matters, in connection with the 
filing of documents filed electronically in a form prescribed by the 
Director:  Provided further, That there shall be a surcharge of 15 
percent, as provided for by section 11(i) of the Leahy-Smith America 
Invents Act:  Provided further, That hereafter the Director shall 
reduce fees for providing prioritized examination of utility and plant 
patent applications by 50 percent for small entities that qualify for 
reduced fees under 35 U.S.C. 41(h)(1), so long as the fees of the 
prioritized examination program are set to recover the estimated cost 
of the program:  Provided further, That the receipts collected as a 
result of these surcharges shall be available within the amounts 
provided herein to the United States Patent and Trademark Office 
without fiscal year limitation, for all authorized activities and 
operations of the Office:  Provided further, That within the amounts 
appropriated, $1,000,000 shall be transferred to the Office of 
Inspector General for activities associated with carrying out 
investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $500,000,000, to remain available until expended, of which 
not to exceed $9,000,000 may be transferred to the ``Working Capital 
Fund'':  Provided, That not to exceed $5,000 shall be for official 
reception and representation expenses.

                     industrial technology services

    For necessary expenses of the Industrial Technology Services, 
$120,000,000 to remain available until expended:  Provided, That of the 
amounts appropriated herein, $120,000,000 shall be for the Hollings 
Manufacturing Extension Partnership.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for the 
National Institute of Standards and Technology, as authorized by 15 
U.S.C. 278c-278e, $60,000,000, to remain available until expended.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or 
other payments to nonprofit organizations for the purposes of 
conducting activities pursuant to cooperative agreements; and 
relocation of facilities, $3,134,327,000, to remain available until 
September 30, 2013, except for funds provided for cooperative 
enforcement, which shall remain available until September 30, 2014:  
Provided, That fees and donations received by the National Ocean 
Service for the management of national marine sanctuaries may be 
retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302:  Provided further, That in 
addition, $109,098,000 shall be derived by transfer from the fund 
entitled ``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'':  Provided further, That of the $3,250,425,000 
provided for in direct obligations under this heading $3,134,327,000 is 
appropriated from the general fund, and $109,098,000 is provided by 
transfer and $7,000,000 is derived from recoveries of prior year 
obligations:  Provided further, That payments of funds made available 
under this heading to the Department of Commerce Working Capital Fund 
including Department of Commerce General Counsel legal services shall 
not exceed $41,105,000:  Provided further, That the total amount 
available for the National Oceanic and Atmospheric Administration 
corporate services administrative support costs shall not exceed 
$219,291,000:  Provided further, That any deviation from the amounts 
designated for specific activities in the explanatory statement 
accompanying this Act, or any use of deobligated balances of funds 
provided under this heading in previous years, shall be subject to the 
procedures set forth in section 505 of this Act:  Provided further, 
That in allocating grants under sections 306 and 306A of the Coastal 
Zone Management Act of 1972, as amended, no coastal State shall receive 
more than 5 percent or less than 1 percent of increased funds 
appropriated over the previous fiscal year.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may 
be necessary.

               procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration (NOAA), $1,833,594,000, to remain 
available until September 30, 2014, except funds provided for 
construction of facilities which shall remain available until expended: 
 Provided, That of the $1,841,594,000 provided for in direct 
obligations under this heading, $1,833,594,000 is appropriated from the 
general fund and $8,000,000 is provided from recoveries of prior year 
obligations:  Provided further, That any deviation from the amounts 
designated for specific activities in the explanatory statement 
accompanying this Act, or any use of deobligated balances of funds 
provided under this heading in previous years, shall be subject to the 
procedures set forth in section 505 of this Act:  Provided further, 
That the Secretary of Commerce shall include in budget justification 
materials that the Secretary submits to Congress in support of the 
Department of Commerce budget (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code) an 
estimate for each NOAA Procurement, Acquisition or Construction project 
having a total of more than $5,000,000 and simultaneously the budget 
justification shall include an estimate of the budgetary requirements 
for each such project for each of the 5 subsequent fiscal years.

                  pacific coastal salmon recovery fund

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $65,000,000, to remain available until September 
30, 2013:  Provided, That of the funds provided herein the Secretary of 
Commerce may issue grants to the States of Washington, Oregon, Idaho, 
Nevada, California, and Alaska, and Federally recognized tribes of the 
Columbia River and Pacific Coast (including Alaska) for projects 
necessary for conservation of salmon and steelhead populations, for 
restoration of populations that are listed as threatened or endangered, 
or identified by a State as at-risk to be so-listed, for maintaining 
populations necessary for exercise of tribal treaty fishing rights or 
native subsistence fishing, or for conservation of Pacific coastal 
salmon and steelhead habitat, based on guidelines to be developed by 
the Secretary of Commerce:  Provided further, That all funds shall be 
allocated based on scientific and other merit principles and shall not 
be available for marketing activities:  Provided further, That funds 
disbursed to States shall be subject to a matching requirement of funds 
or documented in-kind contributions of at least 33 percent of the 
Federal funds.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $350,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                   fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2012, obligations of direct loans may not exceed 
$24,000,000 for Individual Fishing Quota loans and not to exceed 
$59,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936:  Provided, That none of the funds made available 
under this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United States 
fishery.

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official reception and representation, $56,726,000.

                      renovation and modernization

    For expenses necessary, including blast windows, for the renovation 
and modernization of Department of Commerce facilities, $5,000,000, to 
remain available until expended.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.) (as amended), $26,946,000.

               General Provisions--Department of Commerce

    Sec. 101.  During the current fiscal year, applicable 
appropriations and funds made available to the Department of Commerce 
by this Act shall be available for the activities specified in the Act 
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used 
for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary of Commerce that 
such payments are in the public interest.
    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers:  Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this Act or any other law 
appropriating funds for the Department of Commerce:  Provided further, 
That for the National Oceanic and Atmospheric Administration this 
section shall provide for transfers among appropriations made only to 
the National Oceanic and Atmospheric Administration and such 
appropriations may not be transferred and reprogrammed to other 
Department of Commerce bureaus and appropriation accounts.
    Sec. 104.  Any costs incurred by a department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency:  Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act:  Provided further, That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    Sec. 105.  The requirements set forth by section 112 of division B 
of Public Law 110-161 are hereby adopted by reference.
    Sec. 106.  Notwithstanding any other law, the Secretary may furnish 
services (including but not limited to utilities, telecommunications, 
and security services) necessary to support the operation, maintenance, 
and improvement of space that persons, firms or organizations are 
authorized pursuant to the Public Buildings Cooperative Use Act of 1976 
or other authority to use or occupy in the Herbert C. Hoover Building, 
Washington, DC, or other buildings, the maintenance, operation, and 
protection of which has been delegated to the Secretary from the 
Administrator of General Services pursuant to the Federal Property and 
Administrative Services Act of 1949, as amended, on a reimbursable or 
non-reimbursable basis. Amounts received as reimbursement for services 
provided under this section or the authority under which the use or 
occupancy of the space is authorized, up to $200,000, shall be credited 
to the appropriation or fund which initially bears the costs of such 
services.
    Sec. 107.  Nothing in this title shall be construed to prevent a 
grant recipient from deterring child pornography, copyright 
infringement, or any other unlawful activity over its networks.
    Sec. 108.  The administration of the National Oceanic and 
Atmospheric Administration is authorized to use, with their consent, 
with reimbursement and subject to the limits of available 
appropriations, the land, services, equipment, personnel, and 
facilities of any department, agency or instrumentality of the United 
States, or of any State, local government, Indian tribal government, 
Territory or possession, or of any political subdivision thereof, or of 
any foreign government or international organization for purposes 
related to carrying out the responsibilities of any statute 
administered by the National Oceanic and Atmospheric Administration.
    Sec. 109.  All balances in the Coastal Zone Management Fund, 
whether unobligated or unavailable, are hereby permanently cancelled, 
and notwithstanding section 308(b) of the Coastal Zone Management Act 
of 1972, as amended (16 U.S.C. 1456a), any future payments to the Fund 
made pursuant to sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 
1456a) of the Coastal Zone Management Act of 1972, as amended, shall, 
in this fiscal year and any future fiscal years, be treated in 
accordance with the Federal Credit Reform Act of 1990, as amended.
    Sec. 110.  There is established in the Treasury a non-interest 
bearing fund to be known as the ``Fisheries Enforcement Asset 
Forfeiture Fund'', which shall consist of all sums received as fines, 
penalties, and forfeitures of property for violations of any provisions 
of 16 U.S.C. chapter 38 or of any other marine resource law enforced by 
the Secretary of Commerce, including the Lacey Act Amendments of 1981 
(16 U.S.C. 3371 et seq.) and with the exception of collections pursuant 
to 16 U.S.C. 1437, which are currently deposited in the Operations, 
Research, and Facilities account:  Provided, That all unobligated 
balances that have been collected pursuant to 16 U.S.C. 1861 or any 
other marine resource law enforced by the Secretary of Commerce with 
the exception of 16 U.S.C. 1437 shall be transferred from the 
Operations, Research, and Facilities account into the Fisheries 
Enforcement Asset Forfeiture Fund and shall remain available until 
expended.
    Sec. 111.  There is established in the Treasury a non-interest 
bearing fund to be known as the ``Sanctuaries Enforcement Asset 
Forfeiture Fund'', which shall consist of all sums received as fines, 
penalties, and forfeitures of property for violations of any provisions 
of 16 U.S.C. chapter 38, which are currently deposited in the 
Operations, Research, and Facilities account:  Provided, That all 
unobligated balances that have been collected pursuant to 16 U.S.C. 
1437 shall be transferred from the Operations, Research, and Facilities 
account into the Sanctuaries Enforcement Asset Forfeiture Fund and 
shall remain available until expended.
    Sec. 112.  Notwithstanding any other provision of law, the National 
Oceanic and Atmospheric Administration is authorized to receive and 
expend funds made available by any Federal agency, State or subdivision 
thereof, public or private organization, or individual to carry out any 
statute administered by the National Oceanic and Atmospheric 
Administration:  Provided, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 113. (a) The Secretary of State shall ensure participation in 
the Commission for the Conservation and Management of Highly Migratory 
Fish Stocks in the Western and Central Pacific Ocean (``Commission'') 
and its subsidiary bodies by American Samoa, Guam, and the Northern 
Mariana Islands (collectively, the U.S. Participating Territories) to 
the same extent provided to the territories of other nations.
    (b) The U.S. Participating Territories are each authorized to use, 
assign, allocate, and manage catch limits of highly migratory fish 
stocks, or fishing effort limits, agreed to by the Commission for the 
participating territories of the Convention for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean, through arrangements with U.S. vessels with permits 
issued under the Pelagics Fishery Management Plan of the Western 
Pacific Region. Vessels under such arrangements are integral to the 
domestic fisheries of the U.S. Participating Territories provided that 
such arrangements shall impose no requirements regarding where such 
vessels must fish or land their catch and shall be funded by deposits 
to the Western Pacific Sustainable Fisheries Fund in support of 
fisheries development projects identified in a Territory's Marine 
Conservation Plan and adopted pursuant to section 204 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1824). The 
Secretary of Commerce shall attribute catches made by vessels operating 
under such arrangements to the U.S. Participating Territories for the 
purposes of annual reporting to the Commission.
    (c) The Western Pacific Regional Fisheries Management Council--
            (1) is authorized to accept and deposit into the Western 
        Pacific Sustainable Fisheries Fund funding for arrangements 
        pursuant to subsection (b);
            (2) shall use amounts deposited under paragraph (1) that 
        are attributable to a particular U.S. Participating Territory 
        only for implementation of that Territory's Marine Conservation 
        Plan adopted pursuant to section 204 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1824); and
            (3) shall recommend an amendment to the Pelagics Fishery 
        Management Plan for the Western Pacific Region, and associated 
        regulations, to implement this section.
    (d) Subsection (b) shall remain in effect until such time as--
            (1) the Western Pacific Regional Fishery Management Council 
        recommends an amendment to the Pelagics Fishery Management Plan 
        for the Western Pacific Region, and implementing regulations, 
        to the Secretary of Commerce that authorize use, assignment, 
        allocation, and management of catch limits of highly migratory 
        fish stocks, or fishing effort limits, established by the 
        Commission and applicable to U.S. Participating Territories;
            (2) the Secretary of Commerce approves the amendment as 
        recommended; and
            (3) such implementing regulations become effective.
    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2012''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $115,886,000, of which not to exceed $4,000,000 for security 
and construction of Department of Justice facilities shall remain 
available until expended:  Provided, That the Attorney General is 
authorized to transfer funds appropriated within General Administration 
to any office in this account:  Provided further, That $18,903,000 is 
for Department Leadership; $8,311,000 is for Intergovernmental 
Relations/External Affairs; $12,925,000 is for Executive Support/
Professional Responsibility; and $75,747,000 is for the Justice 
Management Division:  Provided further, That any change in amounts 
specified in the preceding proviso greater than 5 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations consistent with the terms of section 505 of this Act:  
Provided further, That this transfer authority is in addition to 
transfers authorized under section 505 of this Act.

                   national drug intelligence center

    For necessary expenses of the National Drug Intelligence Center, 
including reimbursement of Air Force personnel for the National Drug 
Intelligence Center to support the Department of Defense's counter-drug 
intelligence responsibilities, $20,000,000:  Provided, That the 
National Drug Intelligence Center shall maintain the personnel and 
technical resources to provide timely support to law enforcement 
authorities and the intelligence community by conducting document and 
computer exploitation of materials collected in Federal, State, and 
local law enforcement activity associated with counter-drug, 
counterterrorism, and national security investigations and operations.

                 justice information sharing technology

    For necessary expenses for information sharing technology, 
including planning, development, deployment and departmental direction, 
$47,000,000, to remain available until expended.

            tactical law enforcement wireless communications

    For the costs of developing and implementing a nationwide 
Integrated Wireless Network supporting Federal law enforcement 
communications, and for the costs of operations and maintenance of 
existing Land Mobile Radio legacy systems, $87,000,000, to remain 
available until expended:  Provided, That the Attorney General shall 
transfer to this account all funds made available to the Department of 
Justice for the purchase of portable and mobile radios:  Provided 
further, That any transfer made under the preceding proviso shall be 
subject to section 505 of this Act.

                   administrative review and appeals

                     (including transfer of funds)

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $294,082,000, of 
which $4,000,000 shall be derived by transfer from the Executive Office 
for Immigration Review fees deposited in the ``Immigration Examinations 
Fee'' account.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,563,453,000, to remain available until expended:  Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and 
Alien Transportation System:  Provided further, That not to exceed 
$20,000,000 shall be considered ``funds appropriated for State and 
local law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$84,199,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $12,577,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $846,099,000, of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
 Provided, That of the total amount appropriated, not to exceed $7,500 
shall be available to INTERPOL Washington for official reception and 
representation expenses:  Provided further, That notwithstanding 
section 205 of this Act, upon a determination by the Attorney General 
that emergent circumstances require additional funding for litigation 
activities of the Civil Division, the Attorney General may transfer 
such amounts to ``Salaries and Expenses, General Legal Activities'' 
from available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section:  
Provided further, That of the amount appropriated, such sums as may be 
necessary shall be available to reimburse the Office of Personnel 
Management for salaries and expenses associated with the election 
monitoring program under section 8 of the Voting Rights Act of 1965 (42 
U.S.C. 1973f):  Provided further, That of the amounts provided under 
this heading for the election monitoring program $3,390,000, shall 
remain available until expended.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $159,587,000, to remain available until expended:  Provided, That 
notwithstanding any other provision of law, fees collected for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of 
collection (and estimated to be $108,000,000 in fiscal year 2012), 
shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended:  Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such offsetting collections are received during fiscal 
year 2012, so as to result in a final fiscal year 2012 appropriation 
from the general fund estimated at $51,587,000.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,891,532,000:  Provided, That of the total amount appropriated, not 
to exceed $6,000 shall be available for official reception and 
representation expenses:  Provided further, That not to exceed 
$25,000,000 shall remain available until expended:  Provided further, 
That of the amount provided under this heading, not less than 
$43,184,000 shall be used for salaries and expenses for assistant U.S. 
Attorneys to carry out section 704 of the Adam Walsh Child Protection 
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution 
of offenses relating to the sexual exploitation of children.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $234,115,000, to remain available until expended and to be 
derived from the United States Trustee System Fund:  Provided, That 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors:  Provided further, That, notwithstanding any other 
provision of law, $234,115,000 of offsetting collections pursuant to 28 
U.S.C. 589a(b) shall be retained and used for necessary expenses in 
this appropriation and shall remain available until expended:  Provided 
further, That the sum herein appropriated from the Fund shall be 
reduced as such offsetting collections are received during fiscal year 
2012, so as to result in a final fiscal year 2012 appropriation from 
the Fund estimated at $0.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $2,071,000.

                     fees and expenses of witnesses

    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private 
counsel expenses, including advances, and for expenses of foreign 
counsel, $270,000,000, to remain available until expended:  Provided, 
That not to exceed $10,000,000 may be made available for construction 
of buildings for protected witness safesites:  Provided further, That 
not to exceed $3,000,000 may be made available for the purchase and 
maintenance of armored and other vehicles for witness security 
caravans:  Provided further, That not to exceed $11,000,000 may be made 
available for the purchase, installation, maintenance, and upgrade of 
secure telecommunications equipment and a secure automated information 
network to store and retrieve the identities and locations of protected 
witnesses.

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$11,227,000:  Provided, That notwithstanding section 205 of this Act, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict resolution and 
violence prevention activities of the Community Relations Service, the 
Attorney General may transfer such amounts to the Community Relations 
Service, from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 
$20,990,000, to be derived from the Department of Justice Assets 
Forfeiture Fund.

                     United States Marshals Service

                         salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$1,101,041,000; of which not to exceed $6,000 shall be available for 
official reception and representation expenses; and of which not to 
exceed $20,000,000 shall remain available until expended.

                              construction

    For construction in space controlled, occupied or utilized by the 
United States Marshals Service for prisoner holding and related 
support, $12,000,000, to remain available until expended; of which not 
less than $9,696,000 shall be available for the costs of courthouse 
security equipment, including furnishings, relocations, and telephone 
systems and cabling.

                       National Security Division

                         salaries and expenses

    For expenses necessary to carry out the activities of the National 
Security Division, $86,007,000; of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended:  
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this 
heading from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $516,962,000, of which $50,000,000 shall remain available 
until expended:  Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation.

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States, $7,785,000,000, of which not to exceed $150,000,000 shall 
remain available until expended:  Provided, That not to exceed $153,750 
shall be available for official reception and representation expenses.

                              construction

    For all necessary expenses, to include the cost of equipment, 
furniture, and information technology requirements, related to 
construction or acquisition of buildings, facilities and sites by 
purchase, or as otherwise authorized by law; conversion, modification 
and extension of Federally owned buildings; and preliminary planning 
and design of projects; $75,000,000, to remain available until 
expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; and expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs, 
$1,900,084,000; of which not to exceed $75,000,000 shall remain 
available until expended; and of which not to exceed $75,000 shall be 
available for official reception and representation expenses.

                              construction

    For necessary expenses, to include the cost of equipment, 
furniture, and information technology requirements, related to 
construction or acquisition of buildings; and operation and maintenance 
of secure work environment facilities and secure networking 
capabilities; $10,000,000, to remain available until expended.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, not to exceed $30,000 for official reception and 
representation expenses; for training of State and local law 
enforcement agencies with or without reimbursement, including training 
in connection with the training and acquisition of canines for 
explosives and fire accelerants detection; and for provision of 
laboratory assistance to State and local law enforcement agencies, with 
or without reimbursement, $1,090,292,000, of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' fees as 
provided by section 924(d)(2) of title 18, United States Code; and of 
which not to exceed $20,000,000 shall remain available until expended:  
Provided, That no funds appropriated herein shall be available for 
salaries or administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees:  Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 478.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 478.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994:  
Provided further, That none of the funds appropriated herein shall be 
available to investigate or act upon applications for relief from 
Federal firearms disabilities under 18 U.S.C. 925(c):  Provided 
further, That such funds shall be available to investigate and act upon 
applications filed by corporations for relief from Federal firearms 
disabilities under section 925(c) of title 18, United States Code:  
Provided further, That no funds made available by this or any other Act 
may be used to transfer the functions, missions, or activities of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies 
or Departments in fiscal year 2012:  Provided further, That, beginning 
in fiscal year 2012 and thereafter, no funds appropriated under this or 
any other Act may be used to disclose part or all of the contents of 
the Firearms Trace System database maintained by the National Trace 
Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
any information required to be kept by licensees pursuant to section 
923(g) of title 18, United States Code, or required to be reported 
pursuant to paragraphs (3) and (7) of such section 923(g), except to: 
(1) a Federal, State, local, or tribal law enforcement agency, or a 
Federal, State, or local prosecutor; or (2) a foreign law enforcement 
agency solely in connection with or for use in a criminal investigation 
or prosecution; or (3) a Federal agency for a national security or 
intelligence purpose; unless such disclosure of such data to any of the 
entities described in (1), (2) or (3) of this proviso would compromise 
the identity of any undercover law enforcement officer or confidential 
informant, or interfere with any case under investigation; and no 
person or entity described in (1), (2) or (3) shall knowingly and 
publicly disclose such data; and all such data shall be immune from 
legal process, shall not be subject to subpoena or other discovery, 
shall be inadmissible in evidence, and shall not be used, relied on, or 
disclosed in any manner, nor shall testimony or other evidence be 
permitted based on the data, in a civil action in any State (including 
the District of Columbia) or Federal court or in an administrative 
proceeding other than a proceeding commenced by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to enforce the provisions of chapter 
44 of such title, or a review of such an action or proceeding; except 
that this proviso shall not be construed to prevent: (A) the disclosure 
of statistical information concerning total production, importation, 
and exportation by each licensed importer (as defined in section 
921(a)(9) of such title) and licensed manufacturer (as defined in 
section 921(a)(10) of such title); (B) the sharing or exchange of such 
information among and between Federal, State, local, or foreign law 
enforcement agencies, Federal, State, or local prosecutors, and Federal 
national security, intelligence, or counterterrorism officials; or (C) 
the publication of annual statistical reports on products regulated by 
the Bureau of Alcohol, Tobacco, Firearms and Explosives, including 
total production, importation, and exportation by each licensed 
importer (as so defined) and licensed manufacturer (as so defined), or 
statistical aggregate data regarding firearms traffickers and 
trafficking channels, or firearms misuse, felons, and trafficking 
investigations:  Provided further, That no funds made available by this 
or any other Act shall be expended to promulgate or implement any rule 
requiring a physical inventory of any business licensed under section 
923 of title 18, United States Code:  Provided further, That no funds 
under this Act may be used to electronically retrieve information 
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
identification code:  Provided further, That no funds authorized or 
made available under this or any other Act may be used to deny any 
application for a license under section 923 of title 18, United States 
Code, or renewal of such a license due to a lack of business activity, 
provided that the applicant is otherwise eligible to receive such a 
license, and is eligible to report business income or to claim an 
income tax deduction for business expenses under the Internal Revenue 
Code of 1986.

                         Federal Prison System

                         salaries and expenses

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 835, of 
which 808 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$6,589,781,000:  Provided, That the Attorney General may transfer to 
the Health Resources and Services Administration such amounts as may be 
necessary for direct expenditures by that Administration for medical 
relief for inmates of Federal penal and correctional institutions:  
Provided further, That the Director of the Federal Prison System, where 
necessary, may enter into contracts with a fiscal agent or fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the Federal Prison System, furnish health 
services to individuals committed to the custody of the Federal Prison 
System:  Provided further, That not to exceed $4,500 shall be available 
for official reception and representation expenses:  Provided further, 
That not to exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2013:  Provided further, That, of the 
amounts provided for contract confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980 (8 U.S.C. 1522 note), for the care and security in the United 
States of Cuban and Haitian entrants:  Provided further, That the 
Director of the Federal Prison System may accept donated property and 
services relating to the operation of the prison card program from a 
not-for-profit entity which has operated such program in the past 
notwithstanding the fact that such not-for-profit entity furnishes 
services under contracts to the Federal Prison System relating to the 
operation of pre-release services, halfway houses, or other custodial 
facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$90,000,000, to remain available until expended, of which not less than 
$66,965,000 shall be available only for modernization, maintenance and 
repair, and of which not to exceed $14,000,000 shall be available to 
construct areas for inmate work programs:  Provided, That labor of 
United States prisoners may be used for work performed under this 
appropriation:  Provided further, That none of the funds provided under 
this heading in this or any prior Act shall be available for the 
acquisition of any facility that is to be used wholly or in part for 
the incarceration or detention of any individual detained at Naval 
Station, Guantanamo Bay, Cuba, as of June 24, 2009.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,700,000 of the funds of the Federal Prison 
Industries, Incorporated shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection 
with acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property belonging 
to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) 
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end 
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims 
services, $417,663,000, to remain available until expended:  Provided, 
That except as otherwise provided by law, not to exceed 3 percent of 
funds made available under this heading may be used for expenses 
related to evaluation, training, and technical assistance:  Provided 
further, That of the amount provided--
            (1) $194,000,000 is for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which, 
        notwithstanding such part T, $10,000,000 shall be available for 
        programs relating to children exposed to violence;
            (2) $25,000,000 is for transitional housing assistance 
        grants for victims of domestic violence, stalking or sexual 
        assault as authorized by section 40299 of the 1994 Act;
            (3) $3,000,000 is for the National Institute of Justice for 
        research and evaluation of violence against women and related 
        issues addressed by grant programs of the Office on Violence 
        Against Women;
            (4) $10,000,000 is for a grant program to provide services 
        to advocate for and respond to youth victims of domestic 
        violence, dating violence, sexual assault, and stalking; 
        assistance to children and youth exposed to such violence; 
        programs to engage men and youth in preventing such violence; 
        and assistance to middle and high school students through 
        education and other services related to such violence:  
        Provided, That unobligated balances available for the programs 
        authorized by sections 41201, 41204, 41303 and 41305 of the 
        1994 Act shall be available for this program:  Provided 
        further, That 10 percent of the total amount available for this 
        grant program shall be available for grants under the program 
        authorized by section 2015 of the 1968 Act;
            (5) $45,913,000 is for grants to encourage arrest policies 
        as authorized by part U of the 1968 Act, of which $5,000,000 is 
        for a homicide initiative;
            (6) $25,000,000 is for sexual assault victims assistance, 
        as authorized by section 41601 of the 1994 Act;
            (7) $34,000,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (8) $9,000,000 is for grants to reduce violent crimes 
        against women on campus, as authorized by section 304 of the 
        2005 Act;
            (9) $45,000,000 is for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (10) $4,000,000 is for enhanced training and services to 
        end violence against and abuse of women in later life, as 
        authorized by section 40802 of the 1994 Act;
            (11) $11,250,000 is for the safe havens for children 
        program, as authorized by section 1301 of the 2000 Act;
            (12) $5,000,000 is for education and training to end 
        violence against and abuse of women with disabilities, as 
        authorized by section 1402 of the 2000 Act;
            (13) $4,000,000 is for the court training and improvements 
        program, as authorized by section 41002 of the 1994 Act, of 
        which $1,000,000 is to be used for a family court initiative;
            (14) $1,000,000 is for the National Resource Center on 
        Workplace Responses to assist victims of domestic violence, as 
        authorized by section 41501 of the 1994 Act;
            (15) $1,000,000 is for analysis and research on violence 
        against Indian women, as authorized by section 904 of the 2005 
        Act; and
            (16) $500,000 is for the Office on Violence Against Women 
        to establish a national clearinghouse that provides training 
        and technical assistance on issues relating to sexual assault 
        of American Indian and Alaska Native women.

                         salaries and expenses

    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Office on Violence 
Against Women, $20,580,000.

                       Office of Justice Programs

                  research, evaluation, and statistics

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act)''; the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's 
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children Today Act of 2003 
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); 
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second 
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of 
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety 
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT 
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II 
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 
Act''); and other programs; $121,000,000, to remain available until 
expended, of which--
            (1) $45,000,000 is for criminal justice statistics 
        programs, and other activities, as authorized by part C of 
        title I of the 1968 Act, of which $36,000,000 is for the 
        administration and redesign of the National Crime Victimization 
        Survey;
            (2) $40,000,000 is for research, development, and 
        evaluation programs, and other activities as authorized by part 
        B of title I of the 1968 Act and subtitle D of title II of the 
        2002 Act:  Provided, That of the amounts provided under this 
        heading, $5,000,000 is transferred directly to the National 
        Institute of Standards and Technology's Office of Law 
        Enforcement Standards from the National Institute of Justice 
        for research, testing and evaluation programs;
            (3) $1,000,000 is for an evaluation clearinghouse program; 
        and
            (4) $35,000,000 is for regional information sharing 
        activities, as authorized by part M of title I of the 1968 Act.

               state and local law enforcement assistance

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child 
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam 
Walsh Act''); the Victims of Trafficking and Violence Protection Act of 
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007 
(Public Law 110-180); subtitle D of title II of the Homeland Security 
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance 
Act of 2007 (Public Law 110-199); the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the 
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and 
Improvement Act of 2008 (Public Law 110-416); and other programs; 
$1,063,498,000, to remain available until expended as follows--
            (1) $395,000,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E 
        of title I of the 1968 Act (except that section 1001(c), and 
        the special rules for Puerto Rico under section 505(g), of 
        title I of the 1968 Act shall not apply for purposes of this 
        Act); and, notwithstanding such subpart 1, to support 
        innovative, place-based, evidence-based approaches to fighting 
        crime and improving public safety, of which $3,000,000 is for a 
        program to improve State and local law enforcement intelligence 
        capabilities including antiterrorism training and training to 
        ensure that constitutional rights, civil liberties, civil 
        rights, and privacy interests are protected throughout the 
        intelligence process, $4,000,000 is for a State and local 
        assistance help desk and diagnostic center program, $5,000,000 
        is for a program to improve State, local and tribal probation 
        supervision efforts and strategies, and $3,000,000 is for a 
        Preventing Violence Against Law Enforcement Officer Resilience 
        and Survivability Initiative (VALOR):  Provided, That funds 
        made available under this heading may be used at the discretion 
        of the Assistant Attorney General for the Office of Justice 
        Programs to train Federal law enforcement under the VALOR 
        Officer Safety Training Initiative;
            (2) $273,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5)):  Provided, That no 
        jurisdiction shall request compensation for any cost greater 
        than the actual cost for Federal immigration and other 
        detainees housed in State and local detention facilities;
            (3) $20,000,000 for the Northern and Southwest Border 
        Prosecutor Initiatives to reimburse State, county, parish, 
        tribal or municipal governments for costs associated with the 
        prosecution of criminal cases declined by local offices of the 
        United States Attorneys;
            (4) $21,000,000 for competitive grants to improve the 
        functioning of the criminal justice system, to prevent or 
        combat juvenile delinquency, and to assist victims of crime 
        (other than compensation);
            (5) $10,500,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386 and for programs authorized under Public Law 109-164:  
        Provided, That no less than $4,690,000 shall be for victim 
        services grants for foreign national victims of trafficking;
            (6) $35,000,000 for Drug Courts, as authorized by section 
        1001(25)(A) of title I of the 1968 Act;
            (7) $9,000,000 for mental health courts and adult and 
        juvenile collaboration program grants, as authorized by parts V 
        and HH of title I of the 1968 Act, and the Mentally Ill 
        Offender Treatment and Crime Reduction Reauthorization and 
        Improvement Act of 2008 (Public Law 110-416);
            (8) $10,000,000 for grants for Residential Substance Abuse 
        Treatment for State Prisoners, as authorized by part S of title 
        I of the 1968 Act;
            (9) $4,000,000 for the Capital Litigation Improvement Grant 
        Program, as authorized by section 426 of Public Law 108-405;
            (10) $10,000,000 for economic, high technology and Internet 
        crime prevention grants, as authorized by section 401 of Public 
        Law 110-403;
            (11) $5,000,000 for a student loan repayment assistance 
        program pursuant to section 952 of Public Law 110-315;
            (12) $23,000,000 for activities, including sex offender 
        management assistance, authorized by the Adam Walsh Act and the 
        Violent Crime Control Act of 1994 (Public Law 103-322);
            (13) $10,000,000 for an initiative relating to children 
        exposed to violence;
            (14) $20,000,000 for an Edward Byrne Memorial criminal 
        justice innovation program;
            (15) $24,850,000 for the matching grant program for law 
        enforcement armor vests, as authorized by section 2501 of title 
        I of the 1968 Act:  Provided, That $1,500,000 is transferred 
        directly to the National Institute of Standards and 
        Technology's Office of Law Enforcement Standards for research, 
        testing and evaluation programs;
            (16) $1,000,000 for the National Sex Offender Public Web 
        site;
            (17) $10,000,000 for competitive and evidence-based 
        programs to reduce gun crime and gang violence;
            (18) $10,000,000 for grants to assist State and tribal 
        governments as authorized by the NICS Improvement Amendments 
        Act of 2007 (Public Law 110-180);
            (19) $8,000,000 for the National Criminal History 
        Improvement Program for grants to upgrade criminal records;
            (20) $15,000,000 for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act;
            (21) $131,000,000 for DNA-related and forensic programs and 
        activities, of which--
                    (A) $123,000,000 is for the purposes of DNA 
                analysis and DNA capacity enhancement as defined in the 
                DNA Analysis Backlog Elimination Act of 2000 (the 
                Debbie Smith DNA Backlog Grant Program), of which not 
                less than $85,500,000 is to be used for grants to crime 
                laboratories for purposes under 42 U.S.C. 14135, 
                section (a); not less than $11,000,000 is to be used 
                for the purposes of the Solving Cold Cases with DNA 
                Grant Program; not less than $11,000,000 is to be used 
                to audit and report on the extent of the backlog; and 
                the remainder of funds appropriated under this 
                paragraph may be used to support training programs 
                specific to the needs of DNA laboratory personnel, and 
                for programs outlined in sections 303, 304, 305 and 308 
                of Public Law 108-405;
                    (B) $4,000,000 is for the purposes described in the 
                Kirk Bloodsworth Post-Conviction DNA Testing Program 
                (Public Law 108-405, section 412); and
                    (C) $4,000,000 is for Sexual Assault Forensic Exam 
                Program Grants as authorized by section 304 of Public 
                Law 108-405.
            (22) $2,500,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (23) $1,500,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act; and
            (24) $3,000,000 for grants and technical assistance in 
        support of the National Forum on Youth Violence Prevention:
  Provided,  That if a unit of local government uses any of the funds 
made available under this heading to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); 
the Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) 
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public 
Law 110-401); and other juvenile justice programs, $251,000,000, to 
remain available until expended as follows--
            (1) $45,000,000 for programs authorized by section 221 of 
        the 1974 Act, and for training and technical assistance to 
        assist small, non-profit organizations with the Federal grants 
        process;
            (2) $55,000,000 for youth mentoring grants;
            (3) $33,000,000 for delinquency prevention, as authorized 
        by section 505 of the 1974 Act, of which, pursuant to sections 
        261 and 262 thereof--
                    (A) $15,000,000 shall be for the Tribal Youth 
                Program;
                    (B) $8,000,000 shall be for gang and youth violence 
                education, prevention and intervention, and related 
                activities; and
                    (C) $10,000,000 shall be for programs and 
                activities to enforce State laws prohibiting the sale 
                of alcoholic beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, for 
                prevention and reduction of consumption of alcoholic 
                beverages by minors, and for technical assistance and 
                training;
            (4) $20,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990;
            (5) $30,000,000 for the Juvenile Accountability Block 
        Grants program as authorized by part R of title I of the 1968 
        Act and Guam shall be considered a State;
            (6) $8,000,000 for community-based violence prevention 
        initiatives; and
            (7) $60,000,000 for missing and exploited children 
        programs, including as authorized by sections 404(b) and 405(a) 
        of the 1974 Act:
  Provided, That not more than 10 percent of each amount may be used 
for research, evaluation, and statistics activities designed to benefit 
the programs or activities authorized:  Provided further, That not more 
than 2 percent of each amount may be used for training and technical 
assistance:  Provided further, That the previous two provisos shall not 
apply to grants and projects authorized by sections 261 and 262 of the 
1974 Act.

                         salaries and expenses

    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Office of Justice 
Programs, $118,572,000.

                     public safety officer benefits

    For payments and expenses authorized under section 1001(a)(4) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such 
sums as are necessary (including amounts for administrative costs, 
which amounts shall be paid to the ``Salaries and Expenses'' account), 
to remain available until expended; and $16,300,000 for payments 
authorized by section 1201(b) of such Act and for educational 
assistance authorized by section 1218 of such Act, to remain available 
until expended:  Provided, That notwithstanding section 205 of this 
Act, upon a determination by the Attorney General that emergent 
circumstances require additional funding for such disability and 
education payments, the Attorney General may transfer such amounts to 
``Public Safety Officer Benefits'' from available appropriations for 
the current fiscal year for the Department of Justice as may be 
necessary to respond to such circumstances:  Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                  Community Oriented Policing Services

             community oriented policing services programs

                     (including transfers of funds)

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(Public Law 109-162) (``the 2005 Act''), $231,500,000, to remain 
available until expended:  Provided, That any balances made available 
through prior year deobligations shall only be available in accordance 
with section 505 of this Act. Of the amount provided:
            (1) $1,500,000 is for research, testing, and evaluation 
        programs regarding law enforcement technologies and 
        interoperable communications, and related law enforcement and 
        public safety equipment, which shall be transferred directly to 
        the National Institute of Standards and Technology's Office of 
        Law Enforcement Standards from the Community Oriented Policing 
        Services Office;
            (2) $10,000,000 is for anti-methamphetamine-related 
        activities, which shall be transferred to the Drug Enforcement 
        Administration upon enactment of this Act;
            (3) $20,000,000 is for improving tribal law enforcement, 
        including hiring, equipment, training, and anti-methamphetamine 
        activities; and
            (4) $200,000,000 is for grants under section 1701 of title 
        I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and 
        rehiring of additional career law enforcement officers under 
        part Q of such title notwithstanding subsection (i) of such 
        section:  Provided, That notwithstanding subsection (g) of the 
        1968 Act (42 U.S.C. 3796dd), the Federal share of the costs of 
        a project funded by such grants may not exceed 75 percent 
        unless the Director of the Office of Community Oriented 
        Policing Services waives, wholly or in part, the requirement of 
        a non-Federal contribution to the costs of a project:  Provided 
        further, That notwithstanding 42 U.S.C. 3796dd-3(c), funding 
        for hiring or rehiring a career law enforcement officer may not 
        exceed $125,000, unless the Director of the Office of Community 
        Oriented Policing Services grants a waiver from this 
        limitation:  Provided further, That within the amounts 
        appropriated, $28,000,000 shall be used for the hiring and 
        rehiring of tribal law enforcement officers:  Provided further, 
        That within the amounts appropriated, $10,000,000 is for 
        community policing development activities.

                         salaries and expenses

    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Community Oriented 
Policing Services Office, $24,500,000.

               General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $50,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 202.  None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape:  Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 203.  None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 204.  Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility:  Provided, That nothing in this section in any 
way diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers:  Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 206.  The Attorney General is authorized to extend through 
September 30, 2013, the Personnel Management Demonstration Project 
transferred to the Attorney General pursuant to section 1115 of the 
Homeland Security Act of 2002, Public Law 107-296 (28 U.S.C. 599B) 
without limitation on the number of employees or the positions covered.
    Sec. 207.  Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives that is necessary for the detection 
and prosecution of crimes against the United States.
    Sec. 208.  None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 210.  None of the funds made available under this title shall 
be obligated or expended for any new or enhanced information technology 
program having total estimated development costs in excess of 
$100,000,000, unless the Deputy Attorney General and the investment 
review board certify to the Committees on Appropriations that the 
information technology program has appropriate program management and 
contractor oversight mechanisms in place, and that the program is 
compatible with the enterprise architecture of the Department of 
Justice.
    Sec. 211.  The notification thresholds and procedures set forth in 
section 505 of this Act shall apply to deviations from the amounts 
designated for specific activities in this Act and accompanying 
statement, and to any use of deobligated balances of funds provided 
under this title in previous years.
    Sec. 212.  None of the funds appropriated by this Act may be used 
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular 
A-76 or any successor administrative regulation, directive, or policy 
for work performed by employees of the Bureau of Prisons or of Federal 
Prison Industries, Incorporated.
    Sec. 213.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States 
Attorney from the residency requirements of 28 U.S.C. 545.
    Sec. 214.  At the discretion of the Attorney General, and in 
addition to any amounts that otherwise may be available (or authorized 
to be made available) by law, with respect to funds appropriated by 
this Act under the headings for ``Research Evaluation and Statistics'', 
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice 
Programs''--
            (1) Up to 3 percent of funds made available for grant or 
        reimbursement programs may be used to provide training and 
        technical assistance;
            (2) Up to 3 percent of funds made available for grant or 
        reimbursement programs under such headings, except for amounts 
        appropriated specifically for research, evaluation, or 
        statistical programs administered by the National Institute of 
        Justice and the Bureau of Justice Statistics, shall be 
        transferred to and merged with funds provided to the National 
        Institute of Justice and the Bureau of Justice Statistics, to 
        be used by them for research, evaluation or statistical 
        purposes, without regard to the authorizations for such grant 
        or reimbursement programs, and of such amounts, $1,300,000 
        shall be transferred to the Bureau of Prisons for Federal 
        inmate research and evaluation purposes; and
            (3) 7 percent of funds made available for grant or 
        reimbursement programs:
                    (A) under the heading ``State and Local Law 
                Enforcement Assistance''; or
                    (B) under the headings ``Research, Evaluation and 
                Statistics'' and ``Juvenile Justice Programs'', to be 
                transferred to and merged with funds made available 
                under the heading ``State and Local Law Enforcement 
                Assistance'', shall be available for tribal criminal 
                justice assistance without regard to the authorizations 
                for such grant or reimbursement programs.
    Sec. 215.  Notwithstanding any other provision of law, section 
20109(a), in subtitle A of title II of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 13709(a)), shall not apply to 
amounts made available by this title.
    Sec. 216.  Section 530A of title 28, United States Code, is hereby 
amended by replacing ``appropriated'' with ``used from 
appropriations'', and by inserting ``(2),'' before ``(3)''.
    Sec. 217. (a) Within 30 days of enactment of this Act, the Attorney 
General shall report to the Committees on Appropriations of the House 
of Representatives and the Senate a cost and schedule estimate for the 
final operating capability of the Federal Bureau of Investigation's 
Sentinel program, including the costs of Bureau employees engaged in 
development work, the costs of operating and maintaining Sentinel for 2 
years after achievement of the final operating capability, and a 
detailed list of the functionalities included in the final operating 
capability compared to the functionalities included in the previous 
program baseline.
    (b) The report described in subsection (a) shall be submitted 
concurrently to the Department of Justice Office of Inspector General 
(OIG) and, within 60 days of receiving such report, the OIG shall 
provide an assessment of such report to the Committees on 
Appropriations of the House of Representatives and the Senate.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2012''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601-6671), hire of passenger motor vehicles, and services as 
authorized by 5 U.S.C. 3109, not to exceed $2,100 for official 
reception and representation expenses, and rental of conference rooms 
in the District of Columbia, $6,000,000.

             National Aeronautics and Space Administration

                                science

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science research and development activities, including 
research, development, operations, support, and services; maintenance 
and repair, facility planning and design; space flight, spacecraft 
control, and communications activities; program management; personnel 
and related costs, including uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of 
passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $5,100,000,000, 
to remain available until September 30, 2013, of which up to 
$10,000,000 shall be available for a reimbursable agreement with the 
Department of Energy for the purpose of re-establishing facilities to 
produce fuel required for radio-isotope thermoelectric generators to 
enable future missions:  Provided, That the development cost (as 
defined under 51 U.S.C. 30104) for the James Webb Space Telescope shall 
not exceed $8,000,000,000:  Provided further, That should the 
individual identified under subparagraph (c)(2)(E) of section 30104 of 
title 51 as responsible for the James Webb Space Telescope determine 
that the development cost of the program is likely to exceed that 
limitation, the individual shall immediately notify the Administrator 
and the increase shall be treated as if it meets the 30 percent 
threshold described in subsection (f) of section 30104 of title 51.

                              aeronautics

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aeronautics research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire 
of passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $501,000,000, to 
remain available until September 30, 2013.

                            space technology

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space research and technology development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire 
of passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $637,000,000, to 
remain available until September 30, 2013.

                              exploration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management, 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire 
of passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $3,775,000,000, 
to remain available until September 30, 2013:  Provided, That not less 
than $1,200,000,000 shall be for the Orion multipurpose crew vehicle, 
not less than $1,800,000,000 shall be for the heavy lift launch vehicle 
system which shall have a lift capacity not less than 130 tons and 
which shall have an upper stage and other core elements developed 
simultaneously, $500,000,000 shall be for commercial spaceflight 
activities, and $275,000,000 shall be for exploration research and 
development:  Provided further, That $192,600,000 of the funds provided 
for commercial spaceflight activities shall only be available after the 
NASA Administrator certifies to the Committees on Appropriations, in 
writing, that NASA has published the required notifications of NASA 
contract actions implementing the acquisition strategy for the heavy 
lift launch vehicle system identified in section 302 of Public Law 111-
267 and has begun to execute relevant contract actions in support of 
development of the heavy lift launch vehicle system:  Provided further, 
That funds made available under this heading within this Act may be 
transferred to ``Construction and Environmental Compliance and 
Restoration'' for construction activities related to the Orion 
multipurpose crew vehicle and the heavy lift launch vehicle system:  
Provided further, That funds so transferred shall be subject to the 5 
percent but shall not be subject to the 10 percent transfer limitation 
described under the Administrative Provisions in this Act for the 
National Aeronautics and Space Administration, shall be available until 
September 30, 2017, and shall be treated as a reprogramming under 
section 505 of this Act.

                            space operations

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space operations research and development activities, 
including research, development, operations, support and services; 
space flight, spacecraft control and communications activities 
including operations, production, and services; maintenance and repair, 
facility planning and design; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; and purchase, lease, charter, maintenance and operation of 
mission and administrative aircraft, $4,285,000,000, to remain 
available until September 30, 2013:  Provided, That of the amounts 
provided under this heading, not more than $650,900,000 shall be for 
Space Shuttle operations, production, research, development, and 
support, not more than $2,803,500,000 shall be for International Space 
Station operations, production, research, development, and support, not 
more than $168,000,000 shall be for the 21st Century Launch Complex, 
and not more than $662,600,000 shall be for Space and Flight Support:  
Provided further, That funds made available under this heading for 21st 
Century Launch Complex may be transferred to ``Construction and 
Environmental Compliance and Restoration'' for construction activities 
only at NASA-owned facilities:  Provided further, That funds so 
transferred shall not be subject to the transfer limitations described 
in the Administrative Provisions in this Act for the National 
Aeronautics and Space Administration, shall be available until 
September 30, 2017, and shall be treated as a reprogramming under 
section 505 of this Act.

                               education

    For necessary expenses, not otherwise provided for, in carrying out 
aerospace and aeronautical education research and development 
activities, including research, development, operations, support, and 
services; program management; personnel and related costs, uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; and purchase, 
lease, charter, maintenance, and operation of mission and 
administrative aircraft, $138,400,000, to remain available until 
September 30, 2013.

                          cross agency support

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics, exploration, space operations and 
education research and development activities, including research, 
development, operations, support, and services; maintenance and repair, 
facility planning and design; space flight, spacecraft control, and 
communications activities; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; not to exceed $52,500 for official reception and 
representation expenses; and purchase, lease, charter, maintenance, and 
operation of mission and administrative aircraft, $3,043,073,000:  
Provided, That not less than $39,100,000 shall be available for 
independent verification and validation activities:  Provided further, 
That contracts may be entered into under this heading in fiscal year 
2012 for maintenance and operation of facilities, and for other 
services, to be provided during the next fiscal year.

       construction and environmental compliance and restoration

    For necessary expenses for construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law, and environmental 
compliance and restoration, $422,000,000, to remain available until 
September 30, 2017:  Provided, That hereafter, notwithstanding section 
315 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 
2459j), all proceeds from leases entered into under that section shall 
be deposited into this account and shall be available for a period of 5 
years, to the extent provided in annual appropriations Acts:  Provided 
further, That such proceeds shall be available for obligation for 
fiscal year 2012 in an amount not to exceed $3,960,000:  Provided 
further, That each annual budget request shall include an annual 
estimate of gross receipts and collections and proposed use of all 
funds collected pursuant to section 315 of the National Aeronautics and 
Space Act of 1958 (42 U.S.C. 2459j).

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $37,300,000.

                       administrative provisions

    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed 
or the offer is withdrawn.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
any such transfers. Balances so transferred shall be merged with and 
available for the same purposes and the same time period as the 
appropriations to which transferred. Any transfer pursuant to this 
provision shall be treated as a reprogramming of funds under section 
505 of this Act and shall not be available for obligation except in 
compliance with the procedures set forth in that section.
    The unexpired balances of previous accounts, for activities for 
which funds are provided under this Act, may be transferred to the new 
accounts established in this Act that provide such activity. Balances 
so transferred shall be merged with the funds in the newly established 
accounts, but shall be available under the same terms, conditions and 
period of time as previously appropriated.
    Section 40902 of title 51, United States Code, is amended by adding 
at the end the following:
    ``(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 20145(b)(1) of title 51 is amended by inserting ``(A)'' 
before ``A person'' and adding at the end thereof the following new 
subparagraph (B) as follows:
                    ``(B) Notwithstanding subparagraph (A), the 
                Administrator may accept in-kind consideration for 
                leases entered into for the purpose of developing 
                renewable energy production facilities.''.
    The spending plan required by section 540 of this Act shall be 
provided by NASA at the theme, program, project and activity level. The 
spending plan, as well as any subsequent change of an amount 
established in that spending plan that meets the notification 
requirements of section 505 of this Act, shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act 
to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; and authorized travel; $5,443,000,000, to 
remain available until September 30, 2013, of which not to exceed 
$550,000,000 shall remain available until expended for polar research 
and operations support, and for reimbursement to other Federal agencies 
for operational and science support and logistical and other related 
activities for the United States Antarctic program:  Provided, That 
receipts for scientific support services and materials furnished by the 
National Research Centers and other National Science Foundation 
supported research facilities may be credited to this appropriation:  
Provided further, That not less than $146,830,000 shall be available 
for activities authorized by section 7002(c)(2)(A)(iv) of Public Law 
110-69:  Provided further, That up to $100,000,000 of funds made 
available under this heading within this Act may be transferred to 
``Major Research Equipment and Facilities Construction'':  Provided 
further, That funds so transferred shall not be subject to the transfer 
limitations described in the Administrative Provisions in this Act for 
the National Science Foundation, and shall be available until expended 
only after notification of such transfer to the Committees on 
Appropriations.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including 
authorized travel, $117,055,000, to remain available until expended:  
Provided, That none of the funds may be used to reimburse the Judgment 
Fund.

                     education and human resources

    For necessary expenses in carrying out science, mathematics and 
engineering education and human resources programs and activities 
pursuant to the National Science Foundation Act of 1950, as amended (42 
U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109, 
authorized travel, and rental of conference rooms in the District of 
Columbia, $829,000,000, to remain available until September 30, 2013:  
Provided, That not less than $54,890,000 shall be available until 
expended for activities authorized by section 7030 of Public Law 110-
69.

                 agency operations and award management

    For agency operations and award management necessary in carrying 
out the National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; not to exceed $6,900 for official reception and 
representation expenses; uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901-5902; rental of conference rooms in the District of 
Columbia; and reimbursement of the Department of Homeland Security for 
security guard services; $290,400,000:  Provided, That contracts may be 
entered into under this heading in fiscal year 2012 for maintenance and 
operation of facilities, and for other services, to be provided during 
the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 
1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 
et seq.), $4,440,000:  Provided, That not to exceed $2,100 shall be 
available for official reception and representation expenses.

                      office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$14,200,000.

                        administrative provision

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Science Foundation in this Act may 
be transferred between such appropriations, but no such appropriation 
shall be increased by more than 10 percent by any such transfers. Any 
transfer pursuant to this section shall be treated as a reprogramming 
of funds under section 505 of this Act and shall not be available for 
obligation except in compliance with the procedures set forth in that 
section.
    This title may be cited as the ``Science Appropriations Act, 
2012''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,193,000:  Provided, That none of 
the funds appropriated in this paragraph shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner:  
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable 
days, with the exception of the chairperson, who is permitted 125 
billable days:  Provided further, That none of the funds appropriated 
in this paragraph shall be used for any activity or expense that is not 
explicitly authorized by 42 U.S.C. 1975a:  Provided further, That there 
shall be an Inspector General at the Commission on Civil Rights who 
shall have the duties, responsibilities, and authorities specified in 
the Inspector General Act of 1978, as amended:  Provided further, That 
an individual appointed to the position of Inspector General of the 
Equal Employment Opportunity Commission (EEOC) shall, by virtue of such 
appointment, also hold the position of Inspector General of the 
Commission on Civil Rights:  Provided further, That the Inspector 
General of the Commission on Civil Rights shall utilize personnel of 
the Office of Inspector General of EEOC in performing the duties of the 
Inspector General of the Commission on Civil Rights, and shall not 
appoint any individuals to positions within the Commission on Civil 
Rights:  Provided further, That of the amounts made available in this 
paragraph, $800,000 shall be transferred directly to the Office of 
Inspector General of EEOC upon enactment of this Act for salaries and 
expenses necessary to carry out the duties of the Inspector General of 
the Commission on Civil Rights.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act 
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), 
including services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b); and nonmonetary 
awards to private citizens, $329,837,000:  Provided, That the 
Commission is authorized to make available for official reception and 
representation expenses not to exceed $1,875 from available funds:  
Provided further, That the Commission may take no action to implement 
any workforce repositioning, restructuring, or reorganization until 
such time as the Committees on Appropriations have been notified of 
such proposals, in accordance with the reprogramming requirements of 
section 505 of this Act:  Provided further, That the Chair is 
authorized to accept and use any gift or donation to carry out the work 
of the Commission.

               state and local law enforcement assistance

    For payments to State and local enforcement agencies for authorized 
services to the Commission, $29,400,000.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $1,875 for official reception and 
representation expenses, $80,062,000, to remain available until 
expended.

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $396,106,000, 
of which $370,506,000 is for basic field programs and required 
independent audits; $4,200,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $17,000,000 is for management and 
grants oversight; $3,400,000 is for client self-help and information 
technology; and $1,000,000 is for loan repayment assistance:  Provided, 
That the Legal Services Corporation may continue to provide locality 
pay to officers and employees at a rate no greater than that provided 
by the Federal Government to Washington, DC-based employees as 
authorized by 5 U.S.C. 5304, notwithstanding section 1005(d) of the 
Legal Services Corporation Act, 42 U.S.C. 2996(d):  Provided further, 
That the authorities provided in section 205 of this Act shall be 
applicable to the Legal Services Corporation.

          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.
    Section 504 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1996 (as contained 
in Public Law 104-134) is amended:
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by inserting after ``)'' the following: ``that uses 
        Federal funds (or funds from any source with regard to 
        paragraphs (14) and (15) in a manner'';
            (2) by striking subsection (d); and
            (3) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, $3,025,000.

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$46,775,000, of which $1,000,000 shall remain available until expended: 
 Provided, That not to exceed $93,000 shall be available for official 
reception and representation expenses.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1984 (42 
U.S.C. 10701 et seq.) $5,019,000, of which $500,000 shall remain 
available until September 30, 2013:  Provided, That not to exceed 
$1,875 shall be available for official reception and representation 
expenses.

 Commission on Wartime Relocation and Internment of Latin Americans of 
                            Japanese Descent

                         salaries and expenses

    For necessary expenses to carry out the activities of the 
Commission on Wartime Relocation and Internment of Latin Americans of 
Japanese Descent, as authorized by section 541 of this Act, $1,700,000 
shall be available until expended.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, 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.
    Sec. 504.  If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 505. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2012, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through the reprogramming of funds that--
            (1) creates or initiates a new program, project or 
        activity, unless the House and Senate Committees on 
        Appropriations are notified 15 days in advance of such 
        reprogramming of funds;
            (2) eliminates a program, project or activity, unless the 
        House and Senate Committees on Appropriations are notified 15 
        days in advance of such reprogramming of funds;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted by this Act, unless the House and Senate Committees 
        on Appropriations are notified 15 days in advance of such 
        reprogramming of funds;
            (4) relocates an office or employees, unless the House and 
        Senate Committees on Appropriations are notified 15 days in 
        advance of such reprogramming of funds;
            (5) reorganizes or renames offices, programs or activities, 
        unless the House and Senate Committees on Appropriations are 
        notified 15 days in advance of such reprogramming of funds;
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees, unless the House and 
        Senate Committees on Appropriations are notified 15 days in 
        advance of such reprogramming of funds;
            (7) proposes to use funds directed for a specific activity 
        by either the House or Senate Committee on Appropriations for a 
        different purpose, unless the House and Senate Committees on 
        Appropriations are notified 15 days in advance of such 
        reprogramming of funds;
            (8) 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 as approved 
        by Congress, unless the House and Senate Committees on 
        Appropriations are notified 15 days in advance of such 
        reprogramming of funds; or
            (9) 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, unless the House and Senate Committees on 
        Appropriations are notified 15 days in advance of such 
        reprogramming of funds.
    (b) None of the funds in provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2012, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through the 
reprogramming of funds after August 1, except in extraordinary 
circumstances, and only after the House and Senate Committees on 
Appropriations are notified 30 days in advance of such reprogramming of 
funds.
    Sec. 506.  Hereafter, none of the funds made available in this or 
any other Act may be used to implement, administer, or enforce any 
guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 507.  If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 508.  The Departments of Commerce and Justice, the National 
Science Foundation, and the National Aeronautics and Space 
Administration, shall provide to the House and Senate Committees on 
Appropriations a quarterly accounting of the cumulative balances of any 
unobligated funds that were received by such agency during any previous 
fiscal year.
    Sec. 509.  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 included in this Act shall be 
absorbed within the total budgetary resources available to such 
department or agency:  Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act:  Provided further, That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    Sec. 510.  None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco products, 
or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products, except 
for restrictions which are not applied equally to all tobacco or 
tobacco products of the same type.
    Sec. 511.  None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.
    Sec. 512.  Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $705,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 513.  None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 514.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 515.  Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes, or models of 
        firearms are used for illicit purposes. The firearms selected 
        do not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are 
        normally traced to the first retail seller, and sources 
        reported for firearms traced do not necessarily represent the 
        sources or methods by which firearms in general are acquired 
        for use in crime.
    Sec. 517. (a) The Inspectors General of the Department of Commerce, 
the Department of Justice, the National Aeronautics and Space 
Administration, the National Science Foundation, and the Legal Services 
Corporation shall conduct audits, pursuant to the Inspector General Act 
(5 U.S.C. App.), of grants or contracts for which funds are 
appropriated by this Act, and shall submit reports to Congress on the 
progress of such audits, which may include preliminary findings and a 
description of areas of particular interest, within 180 days after 
initiating such an audit and every 180 days thereafter until any such 
audit is completed.
    (b) Within 60 days after the date on which an audit described in 
subsection (a) by an Inspector General is completed, the Secretary, 
Attorney General, Administrator, Director, or President, as 
appropriate, shall make the results of the audit available to the 
public on the Internet website maintained by the Department, 
Administration, Foundation, or Corporation, respectively. The results 
shall be made available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft 
        or for other inappropriate or unlawful purposes.
    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) Any person awarded a grant or contract funded by amounts 
appropriated by this Act shall submit a statement to the Secretary of 
Commerce, the Attorney General, the Administrator, Director, or 
President, as appropriate, certifying that no funds derived from the 
grant or contract will be made available through a subcontract or in 
any other manner to another person who has a financial interest in the 
person awarded the grant or contract.
    (e) The provisions of the preceding subsections of this section 
shall take effect 30 days after the date on which the Director of the 
Office of Management and Budget, in consultation with the Director of 
the Office of Government Ethics, determines that a uniform set of rules 
and requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    Sec. 518.  None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 519.  None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 520. (a) Notwithstanding any other provision of law or treaty, 
none of the funds appropriated or otherwise made available under this 
Act or any other Act may be expended or obligated by a department, 
agency, or instrumentality of the United States to pay administrative 
expenses or to compensate an officer or employee of the United States 
in connection with requiring an export license for the export to Canada 
of components, parts, accessories or attachments for firearms listed in 
Category I, section 121.1 of title 22, Code of Federal Regulations 
(International Trafficking in Arms Regulations (ITAR), part 121, as it 
existed on April 1, 2005) with a total value not exceeding $500 
wholesale in any transaction, provided that the conditions of 
subsection (b) of this section are met by the exporting party for such 
articles.
    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and
            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.
    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in 
the United States or return to Canada for a Canadian citizen.
    (d) The President may require export licenses under this section on 
a temporary basis if the President determines, upon publication first 
in the Federal Register, that the Government of Canada has implemented 
or maintained inadequate import controls for the articles specified in 
subsection (a), such that a significant diversion of such articles has 
and continues to take place for use in international terrorism or in 
the escalation of a conflict in another nation. The President shall 
terminate the requirements of a license when reasons for the temporary 
requirements have ceased.
    Sec. 521.  Notwithstanding any other provision of law, no 
department, agency, or instrumentality of the United States receiving 
appropriated funds under this Act or any other Act shall obligate or 
expend in any way such funds to pay administrative expenses or the 
compensation of any officer or employee of the United States to deny 
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to 
import United States origin ``curios or relics'' firearms, parts, or 
ammunition.
    Sec. 522.  None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the 
text of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-
        Morocco Free Trade Agreement.
    Sec. 523.  None of the funds made available in this Act may be used 
to authorize or issue a national security letter in contravention of 
any of the following laws authorizing the Federal Bureau of 
Investigation to issue national security letters: The Right to 
Financial Privacy Act; The Electronic Communications Privacy Act; The 
Fair Credit Reporting Act; The National Security Act of 1947; USA 
PATRIOT Act; and the laws amended by these Acts.
    Sec. 524.  If at any time during any quarter, the program manager 
of a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased 
by 10 percent, the program manager shall immediately inform the 
Secretary, Administrator, or Director. The Secretary, Administrator, or 
Director shall notify the House and Senate Committees on Appropriations 
within 30 days in writing of such increase, and shall include in such 
notice: the date on which such determination was made; a statement of 
the reasons for such increases; the action taken and proposed to be 
taken to control future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such changes 
have contributed to the increase in total program costs or procurement 
costs; new estimates of the total project or procurement costs; and a 
statement validating that the project's management structure is 
adequate to control total project or procurement costs.
    Sec. 525.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2012 until the enactment of the Intelligence 
Authorization Act for fiscal year 2012.
    Sec. 526.  The Departments, agencies, and commissions funded under 
this Act, shall establish and maintain on the homepages of their 
Internet websites--
            (1) a direct link to the Internet websites of their Offices 
        of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General 
        website by which individuals may anonymously report cases of 
        waste, fraud, or abuse with respect to those Departments, 
        agencies, and commissions.
    Sec. 527.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 528.  None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is inconsistent with 
the principal negotiating objective of the United States with respect 
to trade remedy laws to preserve the ability of the United States--
            (1) to enforce vigorously its trade laws, including 
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                    (A) lessen the effectiveness of domestic and 
                international disciplines on unfair trade, especially 
                dumping and subsidies; or
                    (B) lessen the effectiveness of domestic and 
                international safeguard provisions, in order to ensure 
                that United States workers, agricultural producers, and 
                firms can compete fully on fair terms and enjoy the 
                benefits of reciprocal trade concessions; and
            (3) to address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.

                             (rescissions)

    Sec. 529. (a) Of the unobligated balances available to the 
Department of Commerce, the following funds are hereby rescinded, not 
later than September 30, 2012, from the following account in the 
specified amount:
            (1) ``National Telecommunications and Information 
        Administration, Information Infrastructure Grants'', 
        $2,000,000; and
            (2) ``National Oceanic and Atmospheric Administration, 
        Foreign Fishing Observer Fund'', $350,000.
    (b) Of the amounts made available under section 3010 of the Deficit 
Reduction Act of 2005 (47 U.S.C. 309 note), $4,300,000 in unobligated 
balances are hereby rescinded.
    (c) Of the unobligated balances available to the Department of 
Justice from prior appropriations, the following funds are hereby 
rescinded, not later than September 30, 2012, from the following 
accounts in the specified amounts--
            (1) ``Working Capital Fund'', $40,000,000;
            (2) ``Legal Activities, Assets Forfeiture Fund'', 
        $620,000,000;
            (3) ``United States Marshals Service, Salaries and 
        Expenses'', $7,200,000;
            (4) ``Drug Enforcement Administration, Salaries and 
        Expenses'', $30,000,000;
            (5) ``Federal Prison System, Buildings and Facilities'', 
        $35,000,000;
            (6) ``Office of Justice Programs'', $42,600,000;
            (7) ``Community Oriented Policing Services'', $10,200,000; 
        and
            (8) ``Office on Violence Against Women'', $5,000,000.
    (d) Within 30 days of enactment of this Act, the Department of 
Justice shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the amount of 
each rescission made pursuant to this section.
    (e) The rescissions contained in this section shall not apply to 
funds provided in this Act.
    Sec. 530.  None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 531.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States.
    Sec. 532.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 533. (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to construct, acquire, 
or modify any facility in the United States, its territories, or 
possessions to house any individual described in subsection (c) for the 
purposes of detention or imprisonment in the custody or under the 
effective control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
    Sec. 534.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.
    Sec. 535.  To the extent practicable, funds made available in this 
Act should be used to purchase light bulbs that are ``Energy Star'' 
qualified or have the ``Federal Energy Management Program'' 
designation.
    Sec. 536.  The Director of the Office of Management and Budget 
shall instruct any department, agency, or instrumentality of the United 
States Government receiving funds appropriated under this Act to track 
undisbursed balances in expired grant accounts and include in its 
annual performance plan and performance and accountability reports the 
following:
            (1) Details on future action the department, agency, or 
        instrumentality will take to resolve undisbursed balances in 
        expired grant accounts.
            (2) The method that the department, agency, or 
        instrumentality uses to track undisbursed balances in expired 
        grant accounts.
            (3) Identification of undisbursed balances in expired grant 
        accounts that may be returned to the Treasury of the United 
        States.
            (4) In the preceding 3 fiscal years, details on the total 
        number of expired grant accounts with undisbursed balances (on 
        the first day of each fiscal year) for the department, agency, 
        or instrumentality and the total finances that have not been 
        obligated to a specific project remaining in the accounts.
    Sec. 537.  None of the funds made available in this Act may be used 
to relocate the Bureau of the Census or employees from the Department 
of Commerce to the jurisdiction of the Executive Office of the 
President.
    Sec. 538. (a) The head of any department, agency, board or 
commission funded by this Act shall submit quarterly reports to the 
Inspector General, or the senior ethics official for any entity without 
an inspector general, of the appropriate department, agency, board or 
commission regarding the costs and contracting procedures relating to 
each conference held by the department, agency, board or commission 
during fiscal year 2012 for which the cost to the Government was more 
than $20,000.
    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
            (1) a description of the subject of and number of 
        participants attending that conference;
            (2) a detailed statement of the costs to the Government 
        relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that conference; and
            (3) a description of the contracting procedures relating to 
        that conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted 
                by the department, agency, board or commission in 
                evaluating potential contractors for that conference.
    Sec. 539. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 540.  The Departments of Commerce and Justice, the National 
Aeronautics and Space Administration, and the National Science 
Foundation are directed to submit spending plans, signed by the 
respective department or agency head, to the House and Senate 
Committees on Appropriations within 30 days of enactment of this Act.

 commission on wartime relocation and internment of latin americans of 
                            japanese descent

    Sec. 541. (a) Findings.--Based on a preliminary study published in 
December 1982 by the Commission on Wartime Relocation and Internment of 
Civilians, Congress finds the following:
            (1) During World War II, the United States--
                    (A) expanded its internment program and national 
                security investigations to conduct the program and 
                investigations in Latin America; and
                    (B) financed relocation to the United States, and 
                internment, of approximately 2,300 Latin Americans of 
                Japanese descent, for the purpose of exchanging the 
                Latin Americans of Japanese descent for United States 
                citizens held by Axis countries.
            (2) Approximately 2,300 men, women, and children of 
        Japanese descent from 13 Latin American countries were held in 
        the custody of the Department of State in internment camps 
        operated by the Immigration and Naturalization Service from 
        1941 through 1948.
            (3) Those men, women, and children either--
                    (A) were arrested without a warrant, hearing, or 
                indictment by local police, and sent to the United 
                States for internment; or
                    (B) in some cases involving women and children, 
                voluntarily entered internment camps to remain with 
                their arrested husbands, fathers, and other male 
                relatives.
            (4) Passports held by individuals who were Latin Americans 
        of Japanese descent were routinely confiscated before the 
        individuals arrived in the United States, and the Department of 
        State ordered United States consuls in Latin American countries 
        to refuse to issue visas to the individuals prior to departure.
            (5) Despite their involuntary arrival, Latin American 
        internees of Japanese descent were considered to be and treated 
        as illegal entrants by the Immigration and Naturalization 
        Service. Thus, the internees became illegal aliens in United 
        States custody who were subject to deportation proceedings for 
        immediate removal from the United States. In some cases, Latin 
        American internees of Japanese descent were deported to Axis 
        countries to enable the United States to conduct prisoner 
        exchanges.
            (6) Approximately 2,300 men, women, and children of 
        Japanese descent were relocated from their homes in Latin 
        America, detained in internment camps in the United States, and 
        in some cases, deported to Axis countries to enable the United 
        States to conduct prisoner exchanges.
            (7) The Commission on Wartime Relocation and Internment of 
        Civilians studied Federal actions conducted pursuant to 
        Executive Order 9066 (relating to authorizing the Secretary of 
        War to prescribe military areas). Although the United States 
        program of interning Latin Americans of Japanese descent was 
        not conducted pursuant to Executive Order 9066, an examination 
        of that extraordinary program is necessary to establish a 
        complete account of Federal actions to detain and intern 
        civilians of enemy or foreign nationality, particularly of 
        Japanese descent. Although historical documents relating to the 
        program exist in distant archives, the Commission on Wartime 
        Relocation and Internment of Civilians did not research those 
        documents.
            (8) Latin American internees of Japanese descent were a 
        group not covered by the Civil Liberties Act of 1988 (50 U.S.C. 
        App. 1989b et seq.), which formally apologized and provided 
        compensation payments to former Japanese Americans interned 
        pursuant to Executive Order 9066.
    (b) Purpose.--The purpose of this section is to establish a fact-
finding Commission to extend the study of the Commission on Wartime 
Relocation and Internment of Civilians to investigate and determine 
facts and circumstances surrounding the relocation, internment, and 
deportation to Axis countries of Latin Americans of Japanese descent 
from December 1941 through February 1948, and the impact of those 
actions by the United States, and to recommend appropriate remedies, if 
any, based on preliminary findings by the original Commission and new 
discoveries.
    (c) Establishment of the Commission.--
            (1) In general.--There is established the Commission on 
        Wartime Relocation and Internment of Latin Americans of 
        Japanese descent (referred to in this section as the 
        ``Commission'').
            (2) Composition.--The Commission shall be composed of 9 
        members, who shall be appointed not later than 60 days after 
        the date of enactment of this section, of whom--
                    (A) 3 members shall be appointed by the President;
                    (B) 3 members shall be appointed by the Speaker of 
                the House of Representatives, on the joint 
                recommendation of the majority leader of the House of 
                Representatives and the minority leader of the House of 
                Representatives; and
                    (C) 3 members shall be appointed by the President 
                pro tempore of the Senate, on the joint recommendation 
                of the majority leader of the Senate and the minority 
                leader of the Senate.
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Commission. A vacancy in the 
        Commission shall not affect its powers, but shall be filled in 
        the same manner as the original appointment was made.
            (4) Meetings.--
                    (A) First meeting.--The President shall call the 
                first meeting of the Commission not later than the 
                later of--
                            (i) 60 days after the date of enactment of 
                        this section; or
                            (ii) 30 days after the date of enactment of 
                        legislation making appropriations to carry out 
                        this section.
                    (B) Subsequent meetings.--Except as provided in 
                subparagraph (A), the Commission shall meet at the call 
                of the Chairperson.
            (5) Quorum.--Five members of the Commission shall 
        constitute a quorum, but a lesser number of members may hold 
        hearings.
            (6) Chairperson and vice chairperson.--The Commission shall 
        elect a Chairperson and Vice Chairperson from among its 
        members. The Chairperson and Vice Chairperson shall serve for 
        the life of the Commission.
    (d) Duties of the Commission.--
            (1) In general.--The Commission shall--
                    (A) extend the study of the Commission on Wartime 
                Relocation and Internment of Civilians, established by 
                the Commission on Wartime Relocation and Internment of 
                Civilians Act--
                            (i) to investigate and determine facts and 
                        circumstances surrounding the United States' 
                        relocation, internment, and deportation to Axis 
                        countries of Latin Americans of Japanese 
                        descent from December 1941 through February 
                        1948, and the impact of those actions by the 
                        United States; and
                            (ii) in investigating those facts and 
                        circumstances, to review directives of the 
                        United States Armed Forces and the Department 
                        of State requiring the relocation, detention in 
                        internment camps, and deportation to Axis 
                        countries of Latin Americans of Japanese 
                        descent; and
                    (B) recommend appropriate remedies, if any, based 
                on preliminary findings by the original Commission and 
                new discoveries.
            (2) Report.--Not later than 1 year after the date of the 
        first meeting of the Commission pursuant to subsection 
        (c)(4)(A), the Commission shall submit a written report to 
        Congress, which shall contain findings resulting from the 
        investigation conducted under paragraph (1)(A) and 
        recommendations described in paragraph (1)(B).
    (e) Powers of the Commission.--
            (1) Hearings.--The Commission or, at its direction, any 
        subcommittee or member of the Commission, may, for the purpose 
        of carrying out this section--
                    (A) hold such public hearings in such cities and 
                countries, sit and act at such times and places, take 
                such testimony, receive such evidence, and administer 
                such oaths as the Commission or such subcommittee or 
                member considers advisable; and
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, documents, tapes, and materials as 
                the Commission or such subcommittee or member considers 
                advisable.
            (2) Issuance and enforcement of subpoenas.--
                    (A) Issuance.--Subpoenas issued under paragraph (1) 
                shall bear the signature of the Chairperson of the 
                Commission and shall be served by any person or class 
                of persons designated by the Chairperson for that 
                purpose.
                    (B) Enforcement.--In the case of contumacy or 
                failure to obey a subpoena issued under paragraph (1), 
                the United States district court for the judicial 
                district in which the subpoenaed person resides, is 
                served, or may be found may issue an order requiring 
                such person to appear at any designated place to 
                testify or to produce documentary or other evidence. 
                Any failure to obey the order of the court may be 
                punished by the court as a contempt of that court.
            (3) Witness allowances and fees.--Section 1821 of title 28, 
        United States Code, shall apply to witnesses requested or 
        subpoenaed to appear at any hearing of the Commission. The per 
        diem and mileage allowances for witnesses shall be paid from 
        funds available to pay the expenses of the Commission.
            (4) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information as the Commission considers necessary to perform 
        its duties. Upon request of the Chairperson of the Commission, 
        the head of such department or agency shall furnish such 
        information to the Commission.
            (5) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
    (f) Personnel and Administrative Provisions.--
            (1) Compensation of members.--Each member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Commission. All members of the Commission who are officers or 
        employees of the United States shall serve without compensation 
        in addition to that received for their services as officers or 
        employees of the United States.
            (2) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate the employment of 
                such personnel as may be necessary to enable the 
                Commission to perform its duties.
                    (B) Compensation.--The Chairperson of the 
                Commission may fix the compensation of the personnel 
                without regard to chapter 51 and subchapter III of 
                chapter 53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay for the personnel 
                may not exceed the rate payable for level V of the 
                Executive Schedule under section 5316 of such title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals that do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
            (6) Other administrative matters.--The Commission may--
                    (A) enter into agreements with the Administrator of 
                General Services to procure necessary financial and 
                administrative services;
                    (B) enter into contracts to procure supplies, 
                services, and property; and
                    (C) enter into contracts with Federal, State, or 
                local agencies, or private institutions or 
                organizations, for the conduct of research or surveys, 
                the preparation of reports, and other activities 
                necessary to enable the Commission to perform its 
                duties.
    (g) Termination.--The Commission shall terminate 90 days after the 
date on which the Commission submits its report to Congress under 
subsection (d)(2).
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this section.
            (2) Availability.--Any sums appropriated under the 
        authorization contained in this subsection shall remain 
        available, without fiscal year limitation, until expended.
    This Act may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2012''.
                                                       Calendar No. 170

112th CONGRESS

  1st Session

                                S. 1572

                          [Report No. 112-78]

_______________________________________________________________________

                                 A BILL

  Making appropriations for Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
                     2012, and for other purposes.

_______________________________________________________________________

                           September 15, 2011

                 Read twice and placed on the calendar
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