II 

Calendar No. 479 

111TH CONGRESS 

2D SESSION S. 3636 

[Report No. 111–229] 

Making appropriations for the Departments of Commerce and Justice, and 

Science, and Related Agencies for the fiscal year ending September 

30, 2011, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2010 

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 the Departments of Commerce 

and Justice, and Science, and Related Agencies for the 

fiscal year ending September 30, 2011, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2011, and for other pur6 poses, namely: 
2 

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1 TITLE I 

2 DEPARTMENT OF COMMERCE 

3 INTERNATIONAL TRADE ADMINISTRATION

4 OPERATIONS AND ADMINISTRATION

5 For necessary expenses for international trade activi6 ties of the Department of Commerce provided for by law, 

7 and for engaging in trade promotional activities abroad, 

8 including expenses of grants and cooperative agreements 

9 for the purpose of promoting exports of United States 

10 firms, without regard to 44 U.S.C. 3702 and 3703; full 

11 medical coverage for dependent members of immediate 

12 families of employees stationed overseas and employees 

13 temporarily posted overseas; travel and transportation of 

14 employees of the International Trade Administration be15 tween two points abroad, without regard to 49 U.S.C. 

16 40118; employment of Americans and aliens by contract 

17 for services; rental of space abroad for periods not exceed18 ing 10 years, and expenses of alteration, repair, or im19 provement; purchase or construction of temporary de20 mountable exhibition structures for use abroad; payment 

21 of tort claims, in the manner authorized in the first para22 graph of 28 U.S.C. 2672 when such claims arise in foreign 

23 countries; not to exceed $245,250 for official representa24 tion expenses abroad; purchase of passenger motor vehi25 cles for official use abroad, not to exceed $45,000 per vehi-
3 

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1 cle; obtaining insurance on official motor vehicles; and 

2 rental of tie lines, $533,704,000, to remain available until 

3 September 30, 2012, of which $9,439,000 is to be derived 

4 from fees to be retained and used by the International 

5 Trade Administration, notwithstanding 31 U.S.C. 3302: 

6 Provided, That not less than $55,085,000 shall be for 

7 Manufacturing and Services; not less than $54,753,000 

8 shall be for Market Access and Compliance; not less than 

9 $72,412,000 shall be for the Import Administration; not 

10 less than $313,802,000 shall be for the Trade Promotion 

11 and United States and Foreign Commercial Service; and 

12 not less than $28,213,000 shall be for Executive Direction 

13 and Administration: Provided further, That the provisions 

14 of the first sentence of section 105(f) and all of section 

15 108(c) of the Mutual Educational and Cultural Exchange 

16 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

17 in carrying out these activities without regard to section 

18 5412 of the Omnibus Trade and Competitiveness Act of 

19 1988 (15 U.S.C. 4912); and that for the purpose of this 

20 Act, contributions under the provisions of the Mutual 

21 Educational and Cultural Exchange Act of 1961 shall in22 clude payment for assessments for services provided as 

23 part of these activities: Provided further, That negotiations 

24 shall be conducted within the World Trade Organization 

25 to recognize the right of members to distribute monies col-
4 

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1 lected from antidumping and countervailing duties: Pro2 vided further, That negotiations shall be conducted within 

3 the World Trade Organization consistent with the negoti4 ating objectives contained in the Trade Act of 2002, Pub5 lic Law 107–210: Provided further, That within the 

6 amounts appropriated, $1,100,000 shall be used for the 

7 projects, and in the amounts, specified in the report ac8 companying this Act. 

9 BUREAU OF INDUSTRY AND SECURITY

10 OPERATIONS AND ADMINISTRATION

11 For necessary expenses for export administration and 

12 national security activities of the Department of Com13 merce, including costs associated with the performance of 

14 export administration field activities both domestically and 

15 abroad; full medical coverage for dependent members of 

16 immediate families of employees stationed overseas; em17 ployment of Americans and aliens by contract for services 

18 abroad; payment of tort claims, in the manner authorized 

19 in the first paragraph of 28 U.S.C. 2672 when such claims 

20 arise in foreign countries; not to exceed $11,250 for offi21 cial representation expenses abroad; awards of compensa22 tion to informers under the Export Administration Act of 

23 1979, and as authorized by 22 U.S.C. 401(b); and pur24 chase of passenger motor vehicles for official use and 

25 motor vehicles for law enforcement use with special re-
5 

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1 quirement vehicles eligible for purchase without regard to 

2 any price limitation otherwise established by law, 

3 $113,106,000, to remain available until expended, of 

4 which $32,000,000 shall be for inspections and other ac5 tivities related to national security: Provided, That the 

6 provisions of the first sentence of section 105(f) and all 

7 of section 108(c) of the Mutual Educational and Cultural 

8 Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 

9 shall apply in carrying out these activities: Provided fur10 ther, That payments and contributions collected and ac11 cepted for materials or services provided as part of such 

12 activities may be retained for use in covering the cost of 

13 such activities, and for providing information to the public 

14 with respect to the export administration and national se15 curity activities of the Department of Commerce and other 

16 export control programs of the United States and other 

17 governments. 

18 ECONOMIC DEVELOPMENT ADMINISTRATION

19 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

20 For grants for economic development assistance as 

21 provided by the Public Works and Economic Development 

22 Act of 1965, and for trade adjustment assistance, 

23 $240,000,000, to remain available until expended. 
6 

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1 SALARIES AND EXPENSES

2 For necessary expenses of administering the eco3 nomic development assistance programs as provided for by 

4 law, $40,181,000: Provided, That these funds may be used 

5 to monitor projects approved pursuant to title I of the 

6 Public Works Employment Act of 1976, title II of the 

7 Trade Act of 1974, and the Community Emergency 

8 Drought Relief Act of 1977. 

9 MINORITY BUSINESS DEVELOPMENT AGENCY

10 MINORITY BUSINESS DEVELOPMENT

11 For necessary expenses of the Department of Com12 merce in fostering, promoting, and developing minority 

13 business enterprise, including expenses of grants, con14 tracts, and other agreements with public or private organi15 zations, $32,316,000. 

16 ECONOMIC AND STATISTICAL ANALYSIS

17 SALARIES AND EXPENSES

18 For necessary expenses, as authorized by law, of eco19 nomic and statistical analysis programs of the Department 

20 of Commerce, $110,000,000, to remain available until 

21 September 30, 2012. 
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1 BUREAU OF THE CENSUS

2 SALARIES AND EXPENSES

3 For expenses necessary for collecting, compiling, ana4 lyzing, preparing, and publishing statistics, provided for 

5 by law, $280,364,000. 

6 PERIODIC CENSUSES AND PROGRAMS

7 For necessary expenses to collect and publish statis8 tics for periodic censuses and programs provided for by 

9 law, $964,059,000, to remain available until September 

10 30, 2012: Provided, That from amounts provided herein, 

11 funds may be used for promotion, outreach, and mar12 keting activities: Provided further, That $2,000,000 shall 

13 be transferred to the Office of Inspector General for activi14 ties associated with carrying out investigations and audits 

15 under heading. 

16 NATIONAL TELECOMMUNICATIONS AND INFORMATION

17 ADMINISTRATION

18 SALARIES AND EXPENSES

19 For necessary expenses, as provided for by law, of 

20 the National Telecommunications and Information Ad21 ministration (NTIA), $21,825,000, to remain available 

22 until September 30, 2012: Provided, That, notwith23 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

24 shall charge Federal agencies for costs incurred in spec25 trum management, analysis, operations, and related serv-
8 

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1 ices, and such fees shall be retained and used as offsetting 

2 collections for costs of such spectrum services, to remain 

3 available until expended: Provided further, That the Sec4 retary of Commerce is authorized to retain and use as off5 setting collections all funds transferred, or previously 

6 transferred, from other Government agencies for all costs 

7 incurred in telecommunications research, engineering, and 

8 related activities by the Institute for Telecommunication 

9 Sciences of NTIA, in furtherance of its assigned functions 

10 under this paragraph, and such funds received from other 

11 Government agencies shall remain available until ex12 pended. 

13 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

14 AND CONSTRUCTION

15 For the administration of prior-year grants, author16 ized by section 392 of the Communications Act of 1934, 

17 $20,000,000, to remain available until expended as au18 thorized by section 391 of the Act: Provided, That not to 

19 exceed $2,000,000 shall be available for program adminis20 tration as authorized by section 391 of the Act: Provided 

21 further, That, notwithstanding the provisions of section 

22 391 of the Act, the prior-year unobligated balances may 

23 be made available for grants for projects for which appli24 cations have been submitted and approved during any fis25 cal year. 
9 

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1 BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM

2 ADMINISTRATIVE EXPENSES

3 For the administration of grants authorized by sec4 tion 6001 of the American Recovery and Reinvestment Act 

5 of 2009 and section 106 of the Broadband Data Improve6 ment Act and for the development and maintenance of the 

7 national broadband map authorized by section 6001 of the 

8 American Recovery and Reinvestment Act of 2009, 

9 $16,000,000, to remain available until expended: Pro10 vided, That $1,000,000 shall be transferred to the Office 

11 of Inspector General for activities associated with carrying 

12 out investigations and audits under this heading. 

13 UNITED STATES PATENT AND TRADEMARK OFFICE

14 SALARIES AND EXPENSES

15 For necessary expenses of the United States Patent 

16 and Trademark Office (USPTO) provided for by law, in17 cluding defense of suits instituted against the Under Sec18 retary of Commerce for Intellectual Property and Director 

19 of the United States Patent and Trademark Office, 

20 $2,321,724,000, to remain available until expended: Pro21 vided, That the sum herein appropriated from the general 

22 fund shall be reduced as offsetting collections assessed and 

23 collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 

24 and 376 are received during fiscal year 2011, so as to re25 sult in a fiscal year 2011 appropriation from the general 
10 

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1 fund estimated at $0: Provided further, That during fiscal 

2 year 2011, should the total amount of offsetting fee collec3 tions and the surcharge provided herein be less than 

4 $2,321,724,000, this amount shall be reduced accordingly: 

5 Provided further, That any amount received in excess of 

6 $2,321,724,000 in fiscal year 2011, in an amount up to 

7 $100,000,000, shall remain available until expended: Pro8 vided further, That from amounts provided herein, not to 

9 exceed $750 shall be made available in fiscal year 2011 

10 for official reception and representation expenses: Pro11 vided further, That in fiscal year 2011 from the amounts 

12 made available for ‘‘Salaries and Expenses’’ for the 

13 USPTO, the amounts necessary to pay: (1) the difference 

14 between the percentage of basic pay contributed by the 

15 USPTO and employees under section 8334(a) of title 5, 

16 United States Code, and the normal cost percentage (as 

17 defined by section 8331(17) of that title) of basic pay, of 

18 employees subject to subchapter III of chapter 83 of that 

19 title; and (2) the present value of the otherwise unfunded 

20 accruing costs, as determined by the Office of Personnel 

21 Management, of post-retirement life insurance and post22 retirement health benefits coverage for all USPTO em23 ployees, shall be transferred to the Civil Service Retire24 ment and Disability Fund, the Employees Life Insurance 

25 Fund, and the Employees Health Benefits Fund, as ap-
11 

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1 propriate, and shall be available for the authorized pur2 poses of those accounts: Provided further, That sections 

3 801, 802, and 803 of division B, Public Law 108–447 

4 shall remain in effect during fiscal year 2011: Provided 

5 further, That the Director may, this year, reduce by regu6 lation fees payable for documents in patent and trademark 

7 matters, in connection with the filing of documents filed 

8 electronically in a form prescribed by the Director: Pro9 vided further, That there shall be a surcharge of 15 per10 cent, rounded by standard arithmetic rules, on fees 

11 charged or authorized by sections 41(a), (b), (d) (1) and 

12 132(b) of title 35, United States Code, as administered 

13 under Public Law 108–447 and this Act: Provided further, 

14 That the surcharge established under the previous proviso 

15 shall be separate from, and in addition to, to any other 

16 surcharge that may be required pursuant to any provision 

17 of title 35, United States Code: Provided further, That the 

18 surcharge established in the previous two provisions shall 

19 take effect on the date that is 10 days after the date of 

20 enactment of this Act, and shall remain in effect during 

21 fiscal year 2011: Provided further, That the receipts col22 lected as a result of these surcharges shall be available 

23 within the amounts provided herein to the United States 

24 Patent and Trademark Office without fiscal year limita-
12 

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1 tion, for all authorized activities and operations of the Of2 fice. 

3 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

4 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

5 For necessary expenses of the National Institute of 

6 Standards and Technology, $584,500,000, to remain 

7 available until expended, of which not to exceed 

8 $9,000,000 may be transferred to the ‘‘Working Capital 

9 Fund’’: Provided, That not to exceed $5,000 shall be for 

10 official reception and representation expenses: Provided 

11 further, That within the amounts appropriated, 

12 $5,275,000 shall be used for the projects, and in the 

13 amounts, specified in the report accompanying this Act. 

14 INDUSTRIAL TECHNOLOGY SERVICES

15 For necessary expenses of the Hollings Manufac16 turing Extension Partnership of the National Institute of 

17 Standards and Technology, $129,700,000, to remain 

18 available until expended. 

19 In addition, for necessary expenses of the Technology 

20 Innovation Program of the National Institute of Stand21 ards and Technology, $69,900,000, to remain available 

22 until expended. 

23 CONSTRUCTION OF RESEARCH FACILITIES

24 For construction of new research facilities, including 

25 architectural and engineering design, and for renovation 
13 

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1 and maintenance of existing facilities, not otherwise pro2 vided for the National Institute of Standards and Tech3 nology, as authorized by 15 U.S.C. 278c–278e, 

4 $156,706,000, to remain available until expended: Pro5 vided, That within the amounts appropriated, 

6 $48,000,000 shall be used for the projects, and in the 

7 amounts, specified in the report accompanying this Act: 

8 Provided further, That the Secretary of Commerce shall 

9 include in the budget justification materials that the Sec10 retary submits to Congress in support of the Department 

11 of Commerce budget (as submitted with the budget of the 

12 President under section 1105(a) of title 31, United States 

13 Code) an estimate for each National Institute of Stand14 ards and Technology construction project having a total 

15 multi-year program cost of more than $5,000,000 and si16 multaneously the budget justification materials shall in17 clude an estimate of the budgetary requirements for each 

18 such project for each of the five subsequent fiscal years. 

19 NATIONAL OCEANIC AND ATMOSPHERIC

20 ADMINISTRATION

21 OPERATIONS, RESEARCH, AND FACILITIES

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses of activities authorized by law 

24 for the National Oceanic and Atmospheric Administration, 

25 including maintenance, operation, and hire of aircraft and 
14 

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1 vessels; grants, contracts, or other payments to nonprofit 

2 organizations for the purposes of conducting activities 

3 pursuant to cooperative agreements; and relocation of fa4 cilities, $3,384,301,000, to remain available until Sep5 tember 30, 2012, except for funds provided for cooperative 

6 enforcement, which shall remain available until September 

7 30, 2013: Provided, That fees and donations received by 

8 the National Ocean Service for the management of na9 tional marine sanctuaries may be retained and used for 

10 the salaries and expenses associated with those activities, 

11 notwithstanding 31 U.S.C. 3302: Provided further, That 

12 in addition, $3,000,000 shall be derived by transfer from 

13 the fund entitled ‘‘Coastal Zone Management’’ and in ad14 dition $104,600,000 shall be derived by transfer from the 

15 fund entitled ‘‘Promote and Develop Fishery Products and 

16 Research Pertaining to American Fisheries’’ and 

17 $6,000,000 is derived from recoveries of prior-year obliga18 tions: Provided further, That of the $3,497,901,000 pro19 vided for in direct obligations under this heading 

20 $3,384,301,000 is appropriated from the general fund, 

21 and $107,600,000 is provided by transfer: Provided fur22 ther, That the total amount available for the National Oce23 anic and Atmospheric Administration corporate services 

24 administrative support costs shall not exceed 

25 $242,763,000: Provided further, That payments of funds 
15 

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1 made available under this heading to the Department of 

2 Commerce Working Capital Fund including Department 

3 of Commerce General Counsel legal services shall not ex4 ceed $41,944,000: Provided further, That within the 

5 amounts appropriated, $69,990,000 shall be used for the 

6 projects, and in the amounts, specified in the report ac7 companying this Act: Provided further, That none of the 

8 funds within the Fisheries Enforcement Asset Forfeiture 

9 Fund shall be available for obligation until the Adminis10 trator of the National Oceanic and Atmospheric Adminis11 tration completes a comprehensive independent audit of 

12 the fund’s assets and related transactions, defines pre13 cisely what monies constitute fund assets, state how the 

14 fund will comply with all applicable laws, and receives ap15 proval from the Senate Committee on Appropriations for 

16 its spend plan: Provided further, That the Administrator 

17 shall identify and account for the Fisheries Enforcement 

18 Asset Forfeiture Fund as a separate and distinct part of 

19 the agency’s annual budget submissions: Provided further, 

20 That any deviation from the amounts designated for spe21 cific activities in the explanatory statement accompanying 

22 this Act, or any use of deobligated balances of funds pro23 vided under this heading in previous years, shall be subject 

24 to the procedures set forth in section 505 of this Act: Pro25 vided further, That in allocating grants under sections 306 
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1 and 306A of the Coastal Zone Management Act of 1972, 

2 as amended, no coastal State shall receive more than 5 

3 percent or less than 1 percent of increased funds appro4 priated over the previous fiscal year. 

5 In addition, for necessary retired pay expenses under 

6 the Retired Serviceman’s Family Protection and Survivor 

7 Benefits Plan, and for payments for the medical care of 

8 retired personnel and their dependents under the Depend9 ents Medical Care Act (10 U.S.C. 55), such sums as may 

10 be necessary. 

11 PROCUREMENT, ACQUISITION AND CONSTRUCTION

12 For procurement, acquisition and construction of 

13 capital assets, including alteration and modification costs, 

14 of the National Oceanic and Atmospheric Administration, 

15 $2,084,963,000, to remain available until September 30, 

16 2013, except funds provided for construction of facilities 

17 which shall remain available until expended: Provided, 

18 That of the $2,091,963,000 provided for in direct obliga19 tions under this heading, $2,084,963,000 is appropriated 

20 from the general fund and $7,000,000 is provided from 

21 recoveries of prior-year obligations: Provided further, That 

22 except to the extent expressly prohibited by any other law, 

23 the Department of Defense may delegate procurement 

24 functions related to the National Polar-orbiting Oper25 ational Environmental Satellite System to officials of the 
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1 Department of Commerce pursuant to section 2311 of title 

2 10, United States Code: Provided further, That any devi3 ation from the amounts designated for specific activities 

4 in the explanatory statement accompanying this Act, or 

5 any use of deobligated balances of funds provided under 

6 this heading in previous years, shall be subject to the pro7 cedures set forth in section 505 of this Act: Provided fur8 ther, That the Secretary of Commerce shall include in 

9 budget justification materials that the Secretary submits 

10 to Congress in support of the Department of Commerce 

11 budget (as submitted with the budget of the President 

12 under section 1105(a) of title 31, United States Code) an 

13 estimate for each National Oceanic and Atmospheric Ad14 ministration Procurement, Acquisition or Construction 

15 project having a total of more than $5,000,000 and simul16 taneously the budget justification shall include an estimate 

17 of the budgetary requirements for each such project for 

18 each of the five subsequent fiscal years: Provided further, 

19 That within the amounts appropriated, $6,575,000 shall 

20 be used for the projects, and in the amounts, specified in 

21 the report accompanying this Act. 

22 PACIFIC COASTAL SALMON RECOVERY

23 For necessary expenses associated with the restora24 tion of Pacific salmon populations, $80,000,000, to re25 main available until September 30, 2012: Provided, That 
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1 of the funds provided herein the Secretary of Commerce 

2 may issue grants to the States of Washington, Oregon, 

3 Idaho, Nevada, California, and Alaska, and federally rec4 ognized tribes of the Columbia River and Pacific Coast 

5 (including Alaska) for projects necessary for conservation 

6 of salmon and steelhead populations that are listed as 

7 threatened or endangered, or identified by a State as at8 risk to be so-listed, for maintaining populations necessary 

9 for exercise of tribal treaty fishing rights or native subsist10 ence fishing, or for conservation of Pacific coastal salmon 

11 and steelhead habitat, based on guidelines to be developed 

12 by the Secretary of Commerce: Provided further, That 

13 funds disbursed to States shall be subject to a matching 

14 requirement of funds or documented in-kind contributions 

15 of at least 33 percent of the Federal funds. 

16 FISHERMEN’S CONTINGENCY FUND

17 For carrying out the provisions of title IV of Public 

18 Law 95–372, not to exceed $350,000, to be derived from 

19 receipts collected pursuant to that Act, to remain available 

20 until expended. 

21 COASTAL ZONE MANAGEMENT FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 Of amounts collected pursuant to section 308 of the 

24 Coastal Zone Management Act of 1972 (16 U.S.C. 

25 1456a), not to exceed $3,000,000 shall be transferred to 
19 

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1 the ‘‘Operations, Research, and Facilities’’ account to off2 set the costs of implementing such Act. 

3 FISHERIES FINANCE PROGRAM ACCOUNT

4 Subject to section 502 of the Congressional Budget 

5 Act of 1974, during fiscal year 2011, obligations of direct 

6 loans may not exceed $12,000,000 for Individual Fishing 

7 Quota loans and not to exceed $59,000,000 for traditional 

8 direct loans as authorized by the Merchant Marine Act 

9 of 1936: Provided, That none of the funds made available 

10 under this heading may be used for direct loans for any 

11 new fishing vessel that will increase the harvesting capac12 ity in any United States fishery. 

13 DEPARTMENTAL MANAGEMENT

14 SALARIES AND EXPENSES

15 For expenses necessary for the departmental manage16 ment of the Department of Commerce provided for by law, 

17 including not to exceed $5,000 for official reception and 

18 representation, $65,248,000. 

19 HERBERT C. HOOVER BUILDING RENOVATION AND

20 MODERNIZATION

21 For expenses necessary, including blast windows, for 

22 the renovation and modernization of the Herbert C. Hoo23 ver Building, $17,487,000, to remain available until ex24 pended. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978 (5 U.S.C. App.) (as amended), 

5 $30,394,000. 

6 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

7 SEC. 101. During the current fiscal year, applicable 

8 appropriations and funds made available to the Depart9 ment of Commerce by this Act shall be available for the 

10 activities specified in the Act of October 26, 1949 (15 

11 U.S.C. 1514), to the extent and in the manner prescribed 

12 by the Act, and, notwithstanding 31 U.S.C. 3324, may 

13 be used for advanced payments not otherwise authorized 

14 only upon the certification of officials designated by the 

15 Secretary of Commerce that such payments are in the 

16 public interest. 

17 SEC. 102. During the current fiscal year, appropria18 tions made available to the Department of Commerce by 

19 this Act for salaries and expenses shall be available for 

20 hire of passenger motor vehicles as authorized by 31 

21 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 

22 3109; and uniforms or allowances therefor, as authorized 

23 by law (5 U.S.C. 5901–5902). 

24 SEC. 103. Not to exceed 5 percent of any appropria25 tion made available for the current fiscal year for the De-
21 

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1 partment of Commerce in this Act may be transferred be2 tween such appropriations, but no such appropriation shall 

3 be increased by more than 10 percent by any such trans4 fers: Provided, That any transfer pursuant to this section 

5 shall be treated as a reprogramming of funds under sec6 tion 505 of this Act and shall not be available for obliga7 tion or expenditure except in compliance with the proce8 dures set forth in that section: Provided further, That the 

9 Secretary of Commerce shall notify the Committees on Ap10 propriations at least 15 days in advance of the acquisition 

11 or disposal of any capital asset (including land, structures, 

12 and equipment) not specifically provided for in this Act 

13 or any other law appropriating funds for the Department 

14 of Commerce: Provided further, That for the National Oce15 anic and Atmospheric Administration this section shall 

16 provide for transfers among appropriations made only to 

17 the National Oceanic and Atmospheric Administration 

18 and such appropriations may not be transferred and re19 programmed to other Department of Commerce bureaus 

20 and appropriation accounts. 

21 SEC. 104. Any costs incurred by a department or 

22 agency funded under this title resulting from personnel 

23 actions taken in response to funding reductions included 

24 in this title or from actions taken for the care and protec25 tion of loan collateral or grant property shall be absorbed 
22 

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1 within the total budgetary resources available to such de2 partment or agency: Provided, That the authority to trans3 fer funds between appropriations accounts as may be nec4 essary to carry out this section is provided in addition to 

5 authorities included elsewhere in this Act: Provided fur6 ther, That use of funds to carry out this section shall be 

7 treated as a reprogramming of funds under section 505 

8 of this Act and shall not be available for obligation or ex9 penditure except in compliance with the procedures set 

10 forth in that section. 

11 SEC. 105. The requirements set forth by section 112 

12 of division B of Public Law 110–161 are hereby adopted 

13 by reference. 

14 SEC. 106. Notwithstanding any other law, the Sec15 retary may furnish services (including but not limited to 

16 utilities, telecommunications, and security services) nec17 essary to support the operation, maintenance, and im18 provement of space that persons, firms or organizations 

19 are authorized pursuant to the Public Buildings Coopera20 tive Use Act of 1976 or other authority to use or occupy 

21 in the Herbert C. Hoover Building, Washington, DC, or 

22 other buildings, the maintenance, operation, and protec23 tion of which has been delegated to the Secretary from 

24 the Administrator of General Services pursuant to the 

25 Federal Property and Administrative Services Act of 
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1 1949, as amended, on a reimbursable or nonreimbursable 

2 basis. Amounts received as reimbursement for services 

3 provided under this section or the authority under which 

4 the use or occupancy of the space is authorized, up to 

5 $200,000, shall be credited to the appropriation or fund 

6 which initially bears the costs of such services. 

7 SEC. 107. Nothing in this title shall be construed to 

8 prevent a grant recipient from deterring child pornog9 raphy, copyright infringement, or any other unlawful ac10 tivity over its networks. 

11 SEC. 108. The Administrator of the National Oceanic 

12 and Atmospheric Administration is authorized to use, with 

13 their consent, with reimbursement and subject to the lim14 its of available appropriations, the land, services, equip15 ment, personnel, and facilities of any department, agency 

16 or instrumentality of the United States, or of any State, 

17 local government, Indian tribal government, Territory or 

18 possession, or of any political subdivision thereof, or of 

19 any foreign government or international organization for 

20 purposes related to carrying out the responsibilities of any 

21 statute administered by the National Oceanic and Atmos22 pheric Administration. 

23 SEC. 109. For an additional amount for the ‘‘Oper24 ations, Research, and Facilities’’, National Oceanic and 

25 Atmospheric Administration account, $1,908,000, and for 
24 

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1 an additional amount for the ‘‘Salaries and Expenses’’, 

2 Departmental Management account, $1,377,000, and for 

3 an additional amount for the ‘‘Periodic Censuses and Pro4 grams’’, Bureau of the Census account, $256,000, to in5 crease the Department’s acquisition workforce capacity 

6 and capabilities: Provided, That such funds shall be avail7 able only to supplement and not to supplant existing ac8 quisition workforce activities: Provided further, That such 

9 funds shall be available for training, recruitment, reten10 tion, and hiring additional members of the acquisition 

11 workforce as defined by the Office of Federal Procurement 

12 Policy Act, as amended (41 U.S.C. 401 et seq.): Provided 

13 further, That such funds shall be available for information 

14 technology in support of acquisition workforce effective15 ness or for management solutions to improve acquisition 

16 management. 

17 UNITED STATES PARTICIPATING TERRITORIES

18 SEC. 110. (a) The Secretary of State shall ensure 

19 participation in the Commission for the Conservation and 

20 Management of Highly Migratory Fish Stocks in the 

21 Western and Central Pacific Ocean (‘‘Commission’’) and 

22 its subsidiary bodies by American Samoa, Guam, and the 

23 Northern Mariana Islands (collectively, the U.S. Partici24 pating Territories) to the same extent provided to the ter25 ritories of other nations. 
25 

•S 3636 PCS

1 (b) The U.S. Participating Territories are each au2 thorized to use, assign, allocate, and manage catch limits 

3 of highly migratory fish stocks, or fishing effort limits, 

4 agreed to by the Commission for the participating terri5 tories of the Convention, through arrangements with U.S. 

6 vessels with permits issued under the Pelagic Fishery 

7 Management Plan of the Western Pacific Region. Vessels 

8 under such arrangements are integral to the domestic fish9 eries of the U.S. Participating Territories, provided that 

10 such arrangements are funded by deposits to the Western 

11 Pacific Sustainable Fisheries Fund in support of fisheries 

12 development projects identified in a Territory’s Marine 

13 Conservation Plan and adopted pursuant to section 204 

14 of the Magnuson Stevens Fisheries Conservation and 

15 Management Act (16 U.S.C. § 1824). The Secretary of 

16 Commerce shall attribute catches made by vessels oper17 ating under such arrangements to the U.S. Participating 

18 Territories for the purposes of annual reporting to the 

19 Commission. 

20 (c) The Western Pacific Regional Fisheries Manage21 ment Council is authorized to accept and deposit funding 

22 for arrangements pursuant to subsection (b) to the West23 ern Pacific Sustainable Fisheries Fund in support of a 

24 Territory’s Marine Conservation Plan adopted pursuant to 

25 section 204 of the Magnuson Stevens Fisheries Conserva-
26 

•S 3636 PCS

1 tion and Management Act (16 U.S.C. § 1824), and shall 

2 recommend an amendment and associated regulations to 

3 the Pelagics Fishery Management Plan for the Western 

4 Pacific Region to implement the provisions of this section. 

5 (d) Paragraph (b) of this section shall remain in ef6 fect until such time as the Western Pacific Regional Fish7 ery Management Council recommends an amendment to 

8 the Pelagics Fishery Management Plan for the Western 

9 Pacific Region, and implementing regulations to the Sec10 retary, to authorize use, assignment, allocation and man11 agement of catch limits of highly migratory fish stocks, 

12 or fishing effort limits, established by the Commission and 

13 applicable to U.S. Participating Territories, and until the 

14 Secretary of Commerce approves the amendment as rec15 ommended and implementing regulations become effective. 

16 This title may be cited as the ‘‘Department of Com17 merce Appropriations Act, 2011’’. 

18 TITLE II 

19 DEPARTMENT OF JUSTICE 

20 GENERAL ADMINISTRATION

21 SALARIES AND EXPENSES

22 For expenses necessary for the administration of the 

23 Department of Justice, $149,565,000, of which not to ex24 ceed $4,000,000 for security and construction of Depart25 ment of Justice facilities shall remain available until ex-
27 

•S 3636 PCS

1 pended: Provided, That the Attorney General is authorized 

2 to transfer funds appropriated within General Administra3 tion to any office in this account: Provided further, That 

4 $37,000,000 is for Department Leadership; $9,403,000 is 

5 for Intergovernmental Relations/External Affairs; 

6 $13,477,000 is for Executive Support/Professional Re7 sponsibility; $87,985,000 is for the Justice Management 

8 Division, and $1,700,000 shall be for the activities of the 

9 Commission authorized by section 540 of this Act: Pro10 vided further, That any change in amounts specified in the 

11 preceding proviso greater than 5 percent shall be sub12 mitted for approval to the House and Senate Committees 

13 on Appropriations consistent with the terms of section 505 

14 of this Act: Provided further, That this transfer authority 

15 is in addition to transfers authorized under section 505 

16 of this Act. 

17 NATIONAL DRUG INTELLIGENCE CENTER

18 For necessary expenses of the National Drug Intel19 ligence Center, including reimbursement of Air Force per20 sonnel for the National Drug Intelligence Center to sup21 port the Department of Defense’s counter-drug intel22 ligence responsibilities, $44,580,000: Provided, That the 

23 National Drug Intelligence Center shall maintain the per24 sonnel and technical resources to provide timely support 

25 to law enforcement authorities and the intelligence com-
28 

•S 3636 PCS

1 munity by conducting document and computer exploitation 

2 of materials collected in Federal, State, and local law en3 forcement activity associated with counter-drug, counter4 terrorism, and national security investigations and oper5 ations. 

6 JUSTICE INFORMATION-SHARING TECHNOLOGY

7 For necessary expenses for information-sharing tech8 nology, including planning, development, deployment and 

9 departmental direction, $165,000,000, to remain available 

10 until expended, of which not less than $42,132,000 is for 

11 the Unified Financial Management System. 

12 LAW ENFORCEMENT WIRELESS COMMUNICATIONS

13 For the costs of developing and implementing a na14 tion-wide Integrated Wireless Network supporting Federal 

15 law enforcement communications, and for the costs of op16 erations and maintenance of existing Land Mobile Radio 

17 legacy systems, $207,727,000, to remain available until 

18 expended: Provided, That the Attorney General shall 

19 transfer to this account all funds made available to the 

20 Department of Justice for the purchase of portable and 

21 mobile radios: Provided further, That any transfer made 

22 under the preceding proviso shall be subject to section 505 

23 of this Act. 
29 

•S 3636 PCS

1 ADMINISTRATIVE REVIEW AND APPEALS

2 For expenses necessary for the administration of par3 don and clemency petitions and immigration-related activi4 ties, $319,420,000, of which $4,000,000 shall be derived 

5 by transfer from the Executive Office for Immigration Re6 view fees deposited in the ‘‘Immigration Examinations 

7 Fee’’ account. 

8 DETENTION TRUSTEE

9 For necessary expenses of the Federal Detention 

10 Trustee, $1,533,863,000, to remain available until ex11 pended: Provided, That the Trustee shall be responsible 

12 for managing the Justice Prisoner and Alien Transpor13 tation System: Provided further, That not to exceed 

14 $20,000,000 shall be considered ‘‘funds appropriated for 

15 State and local law enforcement assistance’’ pursuant to 

16 18 U.S.C. 4013(b). 

17 OFFICE OF THE INSPECTOR GENERAL

18 For necessary expenses of the Office of the Inspector 

19 General, $89,792,000, including not to exceed $10,000 to 

20 meet unforeseen emergencies of a confidential character. 

21 UNITED STATES PAROLE COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the United States Parole 

24 Commission as authorized, $13,582,000. 
30 

•S 3636 PCS

1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

3 For expenses necessary for the legal activities of the 

4 Department of Justice, not otherwise provided for, includ5 ing not to exceed $20,000 for expenses of collecting evi6 dence, to be expended under the direction of, and to be 

7 accounted for solely under the certificate of, the Attorney 

8 General; and rent of private or Government-owned space 

9 in the District of Columbia, $963,389,000, of which not 

10 to exceed $10,000,000 for litigation support contracts 

11 shall remain available until expended: Provided, That of 

12 the total amount appropriated, not to exceed $7,500 shall 

13 be available to the United States National Central Bu14 reau, INTERPOL, for official reception and representa15 tion expenses: Provided further, That notwithstanding sec16 tion 205 of this Act, upon a determination by the Attorney 

17 General that emergent circumstances require additional 

18 funding for litigation activities of the Civil Division, the 

19 Attorney General may transfer such amounts to ‘‘Salaries 

20 and Expenses, General Legal Activities’’ from available 

21 appropriations for the current fiscal year for the Depart22 ment of Justice, as may be necessary to respond to such 

23 circumstances: Provided further, That any transfer pursu24 ant to the previous proviso shall be treated as a re25 programming under section 505 of this Act and shall not 
31 

•S 3636 PCS

1 be available for obligation or expenditure except in compli2 ance with the procedures set forth in that section: Pro3 vided further, That of the amount appropriated, such sums 

4 as may be necessary shall be available to reimburse the 

5 Office of Personnel Management for salaries and expenses 

6 associated with the election monitoring program under 

7 section 8 of the Voting Rights Act of 1965 (42 U.S.C. 

8 1973f): Provided further, That of the amounts provided 

9 under this heading for the election monitoring program 

10 $3,390,000, shall remain available until expended. 

11 In addition, for reimbursement of expenses of the De12 partment of Justice associated with processing cases 

13 under the National Childhood Vaccine Injury Act of 1986, 

14 not to exceed $7,833,000, to be appropriated from the 

15 Vaccine Injury Compensation Trust Fund. 

16 SALARIES AND EXPENSES, ANTITRUST DIVISION

17 For expenses necessary for the enforcement of anti18 trust and kindred laws, $167,028,000, to remain available 

19 until expended: Provided, That notwithstanding any other 

20 provision of law, fees collected for premerger notification 

21 filings under the Hart-Scott-Rodino Antitrust Improve22 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 

23 of collection (and estimated to be $96,000,000 in fiscal 

24 year 2011), shall be retained and used for necessary ex25 penses in this appropriation, and shall remain available 
32 

•S 3636 PCS

1 until expended: Provided further, That the sum herein ap2 propriated from the general fund shall be reduced as such 

3 offsetting collections are received during fiscal year 2011, 

4 so as to result in a final fiscal year 2011 appropriation 

5 from the general fund estimated at $71,028,000. 

6 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

7 For necessary expenses of the Offices of the United 

8 States Attorneys, including inter-governmental and coop9 erative agreements, $2,036,269,000: Provided, That of the 

10 total amount appropriated, not to exceed $6,000 shall be 

11 available for official reception and representation ex12 penses: Provided further, That not to exceed $25,000,000 

13 shall remain available until expended: Provided further, 

14 That of the amount provided under this heading, not less 

15 than $38,460,000 shall be used for salaries and expenses 

16 for assistant U.S. Attorneys to carry out section 704 of 

17 the Adam Walsh Child Protection and Safety Act of 2006 

18 (Public Law 109–248) concerning the prosecution of of19 fenses relating to the sexual exploitation of children: Pro20 vided further, That of the amount provided under this 

21 heading, $31,965,000 is for salaries and expenses for new 

22 assistant U.S. Attorneys to carry out additional prosecu23 tions of serious crimes in Indian Country. 
33 

•S 3636 PCS

1 UNITED STATES TRUSTEE SYSTEM FUND

2 For necessary expenses of the United States Trustee 

3 Program, as authorized, $236,435,000, to remain avail4 able until expended and to be derived from the United 

5 States Trustee System Fund: Provided, That notwith6 standing any other provision of law, deposits to the Fund 

7 shall be available in such amounts as may be necessary 

8 to pay refunds due depositors: Provided further, That, not9 withstanding any other provision of law, $231,435,000 of 

10 offsetting collections pursuant to 28 U.S.C. 589a(b) shall 

11 be retained and used for necessary expenses in this appro12 priation and shall remain available until expended: Pro13 vided further, That the sum herein appropriated from the 

14 Fund shall be reduced as such offsetting collections are 

15 received during fiscal year 2011, so as to result in a final 

16 fiscal year 2011 appropriation from the Fund estimated 

17 at $0. 

18 SALARIES AND EXPENSES, FOREIGN CLAIMS

19 SETTLEMENT COMMISSION

20 For expenses necessary to carry out the activities of 

21 the Foreign Claims Settlement Commission, including 

22 services as authorized by section 3109 of title 5, United 

23 States Code, $2,159,000. 
34 

•S 3636 PCS

1 FEES AND EXPENSES OF WITNESSES

2 For fees and expenses of witnesses, for expenses of 

3 contracts for the procurement and supervision of expert 

4 witnesses, for private counsel expenses, including ad5 vances, and for expenses of foreign counsel, $270,000,000, 

6 to remain available until expended: Provided, That not to 

7 exceed $10,000,000 may be made available for construc8 tion of buildings for protected witness safesites: Provided 

9 further, That not to exceed $3,000,000 may be made avail10 able for the purchase and maintenance of armored and 

11 other vehicles for witness security caravans: Provided fur12 ther, That not to exceed $11,000,000 may be made avail13 able for the purchase, installation, maintenance, and up14 grade of secure telecommunications equipment and a se15 cure automated information network to store and retrieve 

16 the identities and locations of protected witnesses. 

17 SALARIES AND EXPENSES, COMMUNITY RELATIONS

18 SERVICE

19 For necessary expenses of the Community Relations 

20 Service, $12,606,000: Provided, That notwithstanding sec21 tion 205 of this Act, upon a determination by the Attorney 

22 General that emergent circumstances require additional 

23 funding for conflict resolution and violence prevention ac24 tivities of the Community Relations Service, the Attorney 

25 General may transfer such amounts to the Community Re-
35 

•S 3636 PCS

1 lations Service, from available appropriations for the cur2 rent fiscal year for the Department of Justice, as may be 

3 necessary to respond to such circumstances: Provided fur4 ther, That any transfer pursuant to the preceding proviso 

5 shall be treated as a reprogramming under section 505 

6 of this Act and shall not be available for obligation or ex7 penditure except in compliance with the procedures set 

8 forth in that section. 

9 ASSETS FORFEITURE FUND

10 For expenses authorized by 28 U.S.C. 524(c)(1)(B), 

11 (F), and (G), $20,990,000, to be derived from the Depart12 ment of Justice Assets Forfeiture Fund. 

13 UNITED STATES MARSHALS SERVICE

14 SALARIES AND EXPENSES

15 For necessary expenses of the United States Mar16 shals Service, $1,190,534,000; of which not to exceed 

17 $6,000 shall be available for official reception and rep18 resentation expenses; and of which not to exceed 

19 $10,000,000 shall remain available until expended for in20 formation technology systems. 

21 CONSTRUCTION

22 For construction in space controlled, occupied or uti23 lized by the United States Marshals Service for prisoner 

24 holding and related support, $26,625,000, to remain avail25 able until expended; of which not less than $12,625,000 
36 

•S 3636 PCS

1 shall be available for the costs of courthouse security 

2 equipment, including furnishings, relocations, and tele3 phone systems and cabling. 

4 NATIONAL SECURITY DIVISION

5 SALARIES AND EXPENSES

6 For expenses necessary to carry out the activities of 

7 the National Security Division, $99,537,000; of which not 

8 to exceed $5,000,000 for information technology systems 

9 shall remain available until expended: Provided, That not10 withstanding section 205 of this Act, upon a determina11 tion by the Attorney General that emergent circumstances 

12 require additional funding for the activities of the National 

13 Security Division, the Attorney General may transfer such 

14 amounts to this heading from available appropriations for 

15 the current fiscal year for the Department of Justice, as 

16 may be necessary to respond to such circumstances: Pro17 vided further, That any transfer pursuant to the preceding 

18 proviso shall be treated as a reprogramming under section 

19 505 of this Act and shall not be available for obligation 

20 or expenditure except in compliance with the procedures 

21 set forth in that section. 

22 INTERAGENCY LAW ENFORCEMENT

23 INTERAGENCY CRIME AND DRUG ENFORCEMENT

24 For necessary expenses for the identification, inves25 tigation, and prosecution of individuals associated with the 
37 

•S 3636 PCS

1 most significant drug trafficking and affiliated money 

2 laundering organizations not otherwise provided for, to in3 clude inter-governmental agreements with State and local 

4 law enforcement agencies engaged in the investigation and 

5 prosecution of individuals involved in organized crime drug 

6 trafficking, $574,319,000, of which $50,000,000 shall re7 main available until expended: Provided, That any 

8 amounts obligated from appropriations under this heading 

9 may be used under authorities available to the organiza10 tions reimbursed from this appropriation. 

11 FEDERAL BUREAU OF INVESTIGATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Bureau of In14 vestigation for detection, investigation, and prosecution of 

15 crimes against the United States, $8,083,475,000, of 

16 which not to exceed $150,000,000 shall remain available 

17 until expended: Provided, That not to exceed $153,750 

18 shall be available for official reception and representation 

19 expenses. 

20 CONSTRUCTION

21 For necessary expenses, to include the cost of equip22 ment, furniture, and information technology requirements, 

23 related to construction or acquisition of buildings, facili24 ties and sites by purchase, or as otherwise authorized by 

25 law; conversion, modification and extension of federally 
38 

•S 3636 PCS

1 owned buildings; preliminary planning and design of 

2 projects; and operation and maintenance of secure work 

3 environment facilities and secure networking capabilities; 

4 $181,202,000, to remain available until expended. 

5 DRUG ENFORCEMENT ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Drug Enforcement Ad8 ministration, including not to exceed $70,000 to meet un9 foreseen emergencies of a confidential character pursuant 

10 to 28 U.S.C. 530C; and expenses for conducting drug edu11 cation and training programs, including travel and related 

12 expenses for participants in such programs and the dis13 tribution of items of token value that promote the goals 

14 of such programs, $2,088,176,000; of which not to exceed 

15 $75,000,000 shall remain available until expended; and of 

16 which not to exceed $75,000 shall be available for official 

17 reception and representation expenses. 

18 CONSTRUCTION

19 For necessary expenses, to include the cost of equip20 ment, furniture, and information technology requirements, 

21 related to construction or acquisition of buildings; and op22 eration and maintenance of secure work environment fa23 cilities and secure networking capabilities; $41,941,000, to 

24 remain available until expended. 
39 

•S 3636 PCS

1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For necessary expenses of the Bureau of Alcohol, To5 bacco, Firearms and Explosives, not to exceed $30,000 for 

6 official reception and representation expenses; for training 

7 of State and local law enforcement agencies with or with8 out reimbursement, including training in connection with 

9 the training and acquisition of canines for explosives and 

10 fire accelerants detection; and for provision of laboratory 

11 assistance to State and local law enforcement agencies, 

12 with or without reimbursement, $1,162,986,000, of which 

13 not to exceed $1,000,000 shall be available for the pay14 ment of attorneys’ fees as provided by section 924(d)(2) 

15 of title 18, United States Code; and of which not to exceed 

16 $20,000,000 shall remain available until expended: Pro17 vided, That no funds appropriated herein shall be available 

18 for salaries or administrative expenses in connection with 

19 consolidating or centralizing, within the Department of 

20 Justice, the records, or any portion thereof, of acquisition 

21 and disposition of firearms maintained by Federal fire22 arms licensees: Provided further, That no funds appro23 priated herein shall be used to pay administrative expenses 

24 or the compensation of any officer or employee of the 

25 United States to implement an amendment or amend-
40 

•S 3636 PCS

1 ments to 27 CFR 478.118 or to change the definition of 

2 ‘‘Curios or relics’’ in 27 CFR 478.11 or remove any item 

3 from ATF Publication 5300.11 as it existed on January 

4 1, 1994: Provided further, That none of the funds appro5 priated herein shall be available to investigate or act upon 

6 applications for relief from Federal firearms disabilities 

7 under 18 U.S.C. 925(c): Provided further, That such funds 

8 shall be available to investigate and act upon applications 

9 filed by corporations for relief from Federal firearms dis10 abilities under section 925(c) of title 18, United States 

11 Code: Provided further, That no funds made available by 

12 this or any other Act may be used to transfer the func13 tions, missions, or activities of the Bureau of Alcohol, To14 bacco, Firearms and Explosives to other agencies or De15 partments in fiscal year 2011: Provided further, That, be16 ginning in fiscal year 2011 and thereafter, no funds ap17 propriated under this or any other Act may be used to 

18 disclose part or all of the contents of the Firearms Trace 

19 System database maintained by the National Trace Center 

20 of the Bureau of Alcohol, Tobacco, Firearms and Explo21 sives or any information required to be kept by licensees 

22 pursuant to section 923(g) of title 18, United States Code, 

23 or required to be reported pursuant to paragraphs (3) and 

24 (7) of such section 923(g), except to: (1) a Federal, State, 

25 local, or tribal law enforcement agency, or a Federal, 
41 

•S 3636 PCS

1 State, or local prosecutor; or (2) a foreign law enforcement 

2 agency solely in connection with or for use in a criminal 

3 investigation or prosecution; or (3) a Federal agency for 

4 a national security or intelligence purpose; unless such dis5 closure of such data to any of the entities described in 

6 (1), (2) or (3) of this proviso would compromise the iden7 tity of any undercover law enforcement officer or confiden8 tial informant, or interfere with any case under investiga9 tion; and no person or entity described in (1), (2) or (3) 

10 shall knowingly and publicly disclose such data; and all 

11 such data shall be immune from legal process, shall not 

12 be subject to subpoena or other discovery, shall be inad13 missible in evidence, and shall not be used, relied on, or 

14 disclosed in any manner, nor shall testimony or other evi15 dence be permitted based on the data, in a civil action 

16 in any State (including the District of Columbia) or Fed17 eral court or in an administrative proceeding other than 

18 a proceeding commenced by the Bureau of Alcohol, To19 bacco, Firearms and Explosives to enforce the provisions 

20 of chapter 44 of such title, or a review of such an action 

21 or proceeding; except that this proviso shall not be con22 strued to prevent: (A) the disclosure of statistical informa23 tion concerning total production, importation, and expor24 tation by each licensed importer (as defined in section 

25 921(a)(9) of such title) and licensed manufacturer (as de-
42 

•S 3636 PCS

1 fined in section 921(a)(10) of such title); (B) the sharing 

2 or exchange of such information among and between Fed3 eral, State, local, or foreign law enforcement agencies, 

4 Federal, State, or local prosecutors, and Federal national 

5 security, intelligence, or counterterrorism officials; or (C) 

6 the publication of annual statistical reports on products 

7 regulated by the Bureau of Alcohol, Tobacco, Firearms 

8 and Explosives, including total production, importation, 

9 and exportation by each licensed importer (as so defined) 

10 and licensed manufacturer (as so defined), or statistical 

11 aggregate data regarding firearms traffickers and traf12 ficking channels, or firearms misuse, felons, and traf13 ficking investigations: Provided further, That no funds 

14 made available by this or any other Act shall be expended 

15 to promulgate or implement any rule requiring a physical 

16 inventory of any business licensed under section 923 of 

17 title 18, United States Code: Provided further, That no 

18 funds under this Act may be used to electronically retrieve 

19 information gathered pursuant to 18 U.S.C. 923(g)(4) by 

20 name or any personal identification code: Provided further, 

21 That no funds authorized or made available under this or 

22 any other Act may be used to deny any application for 

23 a license under section 923 of title 18, United States Code, 

24 or renewal of such a license due to a lack of business activ25 ity, provided that the applicant is otherwise eligible to re-
43 

•S 3636 PCS

1 ceive such a license, and is eligible to report business in2 come or to claim an income tax deduction for business ex3 penses under the Internal Revenue Code of 1986. 

4 FEDERAL PRISON SYSTEM

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Prison System 

7 for the administration, operation, and maintenance of 

8 Federal penal and correctional institutions, including pur9 chase (not to exceed 591, of which 559 are for replacement 

10 only) and hire of law enforcement and passenger motor 

11 vehicles, and for the provision of technical assistance and 

12 advice on corrections related issues to foreign govern13 ments, $6,533,779,000: Provided, That the Attorney Gen14 eral may transfer to the Health Resources and Services 

15 Administration such amounts as may be necessary for di16 rect expenditures by that Administration for medical relief 

17 for inmates of Federal penal and correctional institutions: 

18 Provided further, That the Director of the Federal Prison 

19 System, where necessary, may enter into contracts with 

20 a fiscal agent or fiscal intermediary claims processor to 

21 determine the amounts payable to persons who, on behalf 

22 of the Federal Prison System, furnish health services to 

23 individuals committed to the custody of the Federal Prison 

24 System: Provided further, That not to exceed $4,500 shall 

25 be available for official reception and representation ex-
44 

•S 3636 PCS

1 penses: Provided further, That not to exceed $50,000,000 

2 shall remain available for necessary operations until Sep3 tember 30, 2012: Provided further, That, of the amounts 

4 provided for contract confinement, not to exceed 

5 $20,000,000 shall remain available until expended to 

6 make payments in advance for grants, contracts and reim7 bursable agreements, and other expenses authorized by 

8 section 501(c) of the Refugee Education Assistance Act 

9 of 1980 (8 U.S.C. 1522 note), for the care and security 

10 in the United States of Cuban and Haitian entrants: Pro11 vided further, That the Director of the Federal Prison Sys12 tem may accept donated property and services relating to 

13 the operation of the prison card program from a not-for14 profit entity which has operated such program in the past 

15 notwithstanding the fact that such not-for-profit entity 

16 furnishes services under contracts to the Federal Prison 

17 System relating to the operation of pre-release services, 

18 halfway houses, or other custodial facilities. 

19 BUILDINGS AND FACILITIES

20 For planning, acquisition of sites and construction of 

21 new facilities; purchase and acquisition of facilities and re22 modeling, and equipping of such facilities for penal and 

23 correctional use, including all necessary expenses incident 

24 thereto, by contract or force account; and constructing, 

25 remodeling, and equipping necessary buildings and facili-
45 

•S 3636 PCS

1 ties at existing penal and correctional institutions, includ2 ing all necessary expenses incident thereto, by contract or 

3 force account, $269,733,000, to remain available until ex4 pended, of which $105,000,000 shall be derived from 

5 available unobligated balances previously appropriated 

6 under this heading, and of which not less than 

7 $74,210,000 shall be available only for modernization, 

8 maintenance and repair, and of which not to exceed 

9 $14,000,000 shall be available to construct areas for in10 mate work programs: Provided, That labor of United 

11 States prisoners may be used for work performed under 

12 this appropriation. 

13 FEDERAL PRISON INDUSTRIES, INCORPORATED

14 The Federal Prison Industries, Incorporated, is here15 by authorized to make such expenditures, within the limits 

16 of funds and borrowing authority available, and in accord 

17 with the law, and to make such contracts and commit18 ments, without regard to fiscal year limitations as pro19 vided by section 9104 of title 31, United States Code, as 

20 may be necessary in carrying out the program set forth 

21 in the budget for the current fiscal year for such corpora22 tion, including purchase (not to exceed five for replace23 ment only) and hire of passenger motor vehicles. 
46 

•S 3636 PCS

1 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

2 PRISON INDUSTRIES, INCORPORATED

3 Not to exceed $2,700,000 of the funds of the Federal 

4 Prison Industries, Incorporated shall be available for its 

5 administrative expenses, and for services as authorized by 

6 section 3109 of title 5, United States Code, to be com7 puted on an accrual basis to be determined in accordance 

8 with the corporation’s current prescribed accounting sys9 tem, and such amounts shall be exclusive of depreciation, 

10 payment of claims, and expenditures which such account11 ing system requires to be capitalized or charged to cost 

12 of commodities acquired or produced, including selling and 

13 shipping expenses, and expenses in connection with acqui14 sition, construction, operation, maintenance, improvement, 

15 protection, or disposition of facilities and other property 

16 belonging to the corporation or in which it has an interest. 

17 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

18 OFFICE ON VIOLENCE AGAINST WOMEN

19 SALARIES AND EXPENSES

20 For necessary expenses, not elsewhere specified in 

21 this title, for management and administration of programs 

22 within the Office on Violence Against Women, 

23 $20,000,000: Provided, That notwithstanding section 205 

24 of this Act, upon a determination by the Attorney General 

25 that emergent circumstances require additional funding 
47 

•S 3636 PCS

1 for the foregoing, the Attorney General may transfer such 

2 amounts to ‘‘Salaries and Expenses’’ from available appro3 priations for the current fiscal year for the Department 

4 of Justice as may be necessary to respond to such cir5 cumstances: Provided further, That any transfer pursuant 

6 to the previous proviso shall be treated as a reprogram7 ming under section 505 of this Act and shall not be avail8 able for obligation or expenditure except in compliance 

9 with the procedures set forth in that section. 

10 VIOLENCE AGAINST WOMEN PREVENTION AND

11 PROSECUTION PROGRAMS

12 (INCLUDING TRANSFER OF FUNDS)

13 For grants, contracts, cooperative agreements, and 

14 other assistance for the prevention and prosecution of vio15 lence against women, as authorized by the Omnibus Crime 

16 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

17 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 

18 Law Enforcement Act of 1994 (Public Law 103–322) 

19 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

20 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu21 torial Remedies and Other Tools to end the Exploitation 

22 of Children Today Act of 2003 (Public Law 108–21); the 

23 Juvenile Justice and Delinquency Prevention Act of 1974 

24 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims 

25 of Trafficking and Violence Protection Act of 2000 (Public 
48 

•S 3636 PCS

1 Law 106–386) (‘‘the 2000 Act’’); and the Violence 

2 Against Women and Department of Justice Reauthoriza3 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

4 and for related victims services, $468,000,000, to remain 

5 available until expended: Provided, That except as other6 wise provided by law, not to exceed 3 percent of funds 

7 made available under this heading may be used for ex8 penses related to evaluation, training, and technical assist9 ance: Provided further, That of the amount provided 

10 (which shall be by transfer for programs administered by 

11 the Office of Justice Programs)— 

12 (1) $207,000,000 is for grants to combat vio13 lence against women, as authorized by part T of the 

14 1968 Act; 

15 (2) $40,000,000 is for transitional housing as16 sistance grants for victims of domestic violence, 

17 stalking or sexual assault as authorized by section 

18 40299 of the 1994 Act; 

19 (3) $2,000,000 is for the National Institute of 

20 Justice for research and evaluation of violence 

21 against women and related issues addressed by 

22 grant programs of the Office on Violence Against 

23 Women; 
49 

•S 3636 PCS

1 (4) $50,000,000 is for grants to encourage ar2 rest policies as authorized by part U of the 1968 

3 Act; 

4 (5) $25,000,000 is for sexual assault victims 

5 assistance, as authorized by section 41601 of the 

6 1994 Act; 

7 (6) $37,000,000is for rural domestic violence 

8 and child abuse enforcement assistance grants, as 

9 authorized by section 40295 of the 1994 Act; 

10 (7) $9,500,000 is for grants to reduce violent 

11 crimes against women on campus, as authorized by 

12 section 304 of the 2005 Act; 

13 (8) $50,000,000 is for legal assistance for vic14 tims, as authorized by section 1201 of the 2000 Act; 

15 (9) $4,250,000 is for enhanced training and 

16 services to end violence against and abuse of women 

17 in later life, as authorized by section 40802 of the 

18 1994 Act; 

19 (10) $14,000,000 is for the safe havens for 

20 children program, as authorized by section 1301 of 

21 the 2000 Act; 

22 (11) $6,750,000 is for education and training 

23 to end violence against and abuse of women with 

24 disabilities, as authorized by section 1402 of the 

25 2000 Act; 
50 

•S 3636 PCS

1 (12) $3,000,000 is for an engaging men and 

2 youth in prevention program, as authorized by sec3 tion 41305 of the 1994 Act; 

4 (13) $1,000,000 is for tracking of violence 

5 against Indian women, as authorized by section 905 

6 of the 2005 Act and consistent with title I of the 

7 Adam Walsh Child Protection and Safety Act of 

8 2006; 

9 (14) $3,500,000 is for services to advocate and 

10 respond to youth, as authorized by section 41201 of 

11 the 1994 Act; 

12 (15) $3,000,000 is for grants to assist children 

13 and youth exposed to violence, as authorized by sec14 tion 41303 of the 1994 Act; 

15 (16) $3,000,000 is for the court training and 

16 improvements program, as authorized by section 

17 41002 of the 1994 Act; 

18 (17) $1,000,000 is for the National Resource 

19 Center on Workplace Responses to assist victims of 

20 domestic violence, as authorized by section 41501 of 

21 the 1994 Act; 

22 (18) $3,000,000 for the Supporting Teens 

23 through Education and Protection program, as au24 thorized by section 41204 of the 1994 Act; 
51 

•S 3636 PCS

1 (19) $2,000,000 is for analysis and research on 

2 violence against Indian women, as authorized by sec3 tion 904 of the 2005 Act; 

4 (20) $500,000 is for the Office on Violence 

5 Against Women to establish a national clearinghouse 

6 that provides training and technical assistance on 

7 issues relating to sexual assault of American Indian 

8 and Alaska Native women; and 

9 (21) $500,000 is for the Office on Violence 

10 Against Women to sponsor regional summits on vio11 lence against women in Indian country for Depart12 ment of Justice representatives, local tribal advo13 cates, law enforcement, and judges. 

14 OFFICE OF JUSTICE PROGRAMS

15 SALARIES AND EXPENSES

16 For necessary expenses, not elsewhere specified in 

17 this title, for management and administration of programs 

18 within the Office of Justice Programs, $167,500,000: Pro19 vided, That notwithstanding section 109 of title I of Public 

20 Law 90–351, an additional amount, not to exceed 

21 $32,500,000 shall be available for authorized activities of 

22 the Office of Audit, Assessment, and Management. 

23 RESEARCH, EVALUATION AND STATISTICS

24 For grants, contracts, cooperative agreements, and 

25 other assistance authorized by title I of the Omnibus 
52 

•S 3636 PCS

1 Crime Control and Safe Streets Act of 1968 (‘‘the 1968 

2 Act’’); the Violent Crime Control and Law Enforcement 

3 Act of 1994 (‘‘the 1994 Act’’); the Juvenile Justice and 

4 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the 

5 Missing Children’s Assistance Act (42 U.S.C. 5771 et 

6 seq.); the Prosecutorial Remedies and Other Tools to end 

7 the Exploitation of Children Today Act of 2003 (Public 

8 Law 108–21); the Justice for All Act of 2004 (Public Law 

9 108–405); the Violence Against Women and Department 

10 of Justice Reauthorization Act of 2005 (Public Law 109– 

11 162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act 

12 of 1990 (Public Law 101–647); the Second Chance Act 

13 of 2007 (Public Law 110–199); the Victims of Crime Act 

14 of 1984 (Public Law 98–473); the Victims of Trafficking 

15 and Violence Prevention Act of 2000 (Public Law 106– 

16 386); the Adam Walsh Child Protection and Safety Act 

17 of 2006 (Public Law 109–248); the NICS Improvement 

18 Amendments Act of 2007 (Public Law 110–180); the 

19 PROTECT Our Children Act of 2008 (Public Law 110– 

20 401); subtitle D of title II of the Homeland Security Act 

21 of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); and 

22 other programs, $346,000,000, to remain available until 

23 expended, of which— 

24 (1) $60,000,000 is for criminal justice statistics 

25 programs, and other activities, as authorized by part 
53 

•S 3636 PCS

1 C of title I of the 1968 Act, of which $41,000,000 

2 is for the administration and redesign of the Na3 tional Crime Victimization Survey; 

4 (2) $60,000,000 is for research, development, 

5 and evaluation programs, and other activities as au6 thorized by part B of title I of the 1968 Act and 

7 subtitle D of title II of the 2002 Act; 

8 (3) $6,000,000 is for a program to prosecute, 

9 prevent, and otherwise combat hate crimes, includ10 ing related research, of which $5,000,000 is for in11 vestigation and prosecution assistance grants and 

12 $1,000,000 is for a hate crimes training program; 

13 (4) $1,000,000 is for an evaluation clearing 

14 house program; 

15 (5) $10,000,000 is for grants to assist State 

16 and tribal governments as authorized by the NICS 

17 Improvements Amendments Act of 2007 (Public 

18 Law 110–180); 

19 (6) $10,000,000 is for the National Criminal 

20 History Improvement Program for grants to up21 grade criminal records; 

22 (7) $30,000,000 is for Paul Coverdell Forensic 

23 Science Improvement Grants under part BB of title 

24 I of the 1968 Act; 
54 

•S 3636 PCS

1 (8) $3,000,000 is for grants to improve the 

2 stalking and domestic violence databases, as author3 ized by section 40602 of the 1994 Act; and 

4 (9) $166,000,000 is for DNA-related and foren5 sic programs and activities, of which— 

6 (A) $151,000,000 is for a DNA analysis 

7 and capacity enhancement program and for 

8 other local, State, and Federal forensic activi9 ties including the purposes of section 2 of the 

10 DNA Analysis Backlog Elimination Act of 2000 

11 (the Debbie Smith DNA Backlog Grant Pro12 gram); 

13 (B) $5,000,000 is for the purposes de14 scribed in the Kirk Bloodsworth Post-Convic15 tion DNA Testing Program (Public Law 108– 

16 405, section 412); 

17 (C) $5,000,000 is for Sexual Assault Fo18 rensic Exam Program Grants as authorized by 

19 Public Law 108–405, section 304. 

20 (D) $5,000,000 is for the purposes de21 scribed in the DNA Training and Education for 

22 Law Enforcement, Correctional Personnel, and 

23 Court Officers program (Public Law 108–405, 

24 section 303). 
55 

•S 3636 PCS

1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For grants, contracts, cooperative agreements, and 

4 other assistance authorized by the Violent Crime Control 

5 and Law Enforcement Act of 1994 (Public Law 103–322) 

6 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

7 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

8 Act of 2004 (Public Law 108–405); the Victims of Child 

9 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 

10 Act’’); the Trafficking Victims Protection Reauthorization 

11 Act of 2005 (Public Law 109–164); the Violence Against 

12 Women and Department of Justice Reauthorization Act 

13 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the 

14 Adam Walsh Child Protection and Safety Act of 2006 

15 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic16 tims of Trafficking and Violence Protection Act of 2000 

17 (Public Law 106–386); subtitle D of title II of the Home18 land Security Act of 2002 (Public Law 107–296) (‘‘the 

19 2002 Act’’); the Second Chance Act of 2007 (Public Law 

20 110–199); the Prioritizing Resources and Organization for 

21 Intellectual Property Act of 2008 (Public Law 110–403); 

22 the Victims of Crime Act of 1984 (Public Law 98–473); 

23 and other programs (including the State Automated Vic24 tim Notification program of the Bureau of Justice Assist-
56 

•S 3636 PCS

1 ance), $1,510,475,000, to remain available until expended 

2 as follows— 

3 (1) $520,000,000 for the Edward Byrne Memo4 rial Justice Assistance Grant program as authorized 

5 by subpart 1 of part E of title I of the 1968 Act 

6 (except that section 1001(c), and the special rules 

7 for Puerto Rico under section 505(g), of title I of 

8 the 1968 Act shall not apply for purposes of this 

9 Act), of which $5,000,000 is for use by the National 

10 Institute of Justice in assisting units of local govern11 ment to identify, select, develop, modernize, and pur12 chase new technologies for use by law enforcement, 

13 $2,000,000 is for a program to improve State and 

14 local law enforcement intelligence capabilities includ15 ing antiterrorism training and training to ensure 

16 that constitutional rights, civil liberties, civil rights, 

17 and privacy interests are protected throughout the 

18 intelligence process, and $3,000,000 is for a State 

19 and local assistance help desk and diagnostic center 

20 program; 

21 (2) $300,000,000 for the State Criminal Alien 

22 Assistance Program, as authorized by section 

23 241(i)(5) of the Immigration and Nationality Act (8 

24 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 

25 shall request compensation for any cost greater than 
57 

•S 3636 PCS

1 the actual cost for Federal immigration and other 

2 detainees housed in State and local detention facili3 ties; 

4 (3) $20,000,000 for the Southwest Border 

5 Prosecutor Initiative to reimburse State, county, 

6 parish, tribal, or municipal governments for costs as7 sociated with the prosecution of criminal cases de8 clined by local offices of the United States Attor9 neys; 

10 (4) $213,475,000 for discretionary grants to 

11 improve the functioning of the criminal justice sys12 tem, to prevent or combat juvenile delinquency, and 

13 to assist victims of crime (other than compensation), 

14 which shall be used for the projects, and in the 

15 amounts, specified in the explanatory statement ac16 companying this Act; 

17 (5) $40,000,000 for competitive grants to im18 prove the functioning of the criminal justice system, 

19 to prevent or combat juvenile delinquency, and to as20 sist victims of crime (other than compensation); 

21 (6) $2,000,000 for the purposes described in 

22 the Missing Alzheimer’s Disease Patient Alert Pro23 gram (section 240001 of the 1994 Act); 

24 (7) $15,000,000 for victim services programs 

25 for victims of trafficking, as authorized by section 
58 

•S 3636 PCS

1 107(b)(2) of Public Law 106–386 and for programs 

2 authorized under Public Law 109–164: Provided, 

3 That no less than $6,700,000 shall be for victim 

4 services grants for foreign national victims of traf5 ficking; 

6 (8) $45,000,000 for Drug Courts, as authorized 

7 by section 1001(25)(A) of title I of the 1968 Act; 

8 (9) $5,000,000 for prison rape prevention and 

9 prosecution and other programs, as authorized by 

10 the Prison Rape Elimination Act of 2003 (Public 

11 Law 108–79); 

12 (10) $20,000,000 for grants for Residential 

13 Substance Abuse Treatment for State Prisoners, as 

14 authorized by part S of title I of the 1968 Act; 

15 (11) $8,000,000 for the Capital Litigation Im16 provement Grant Program, as authorized by section 

17 426 of Public Law 108–405, and for grants for 

18 wrongful conviction review; 

19 (12) $11,000,000 for mental health courts and 

20 adult and juvenile collaboration program grants, as 

21 authorized by parts V and HH of title I of the 1968 

22 Act, and the Mentally Ill Offender Treatment and 

23 Crime Reduction Reauthorization and Improvement 

24 Act of 2008 (Public Law 110–416); 
59 

•S 3636 PCS

1 (13) $50,000,000 for assistance to Indian 

2 tribes, of which— 

3 (A) $10,000,000 shall be available for 

4 grants under section 20109 of subtitle A of title 

5 II of the 1994 Act; 

6 (B) $25,000,000 shall be available for the 

7 Tribal Courts Initiative; 

8 (C) $12,000,000 shall be available for trib9 al alcohol and substance abuse reduction assist10 ance grants; and 

11 (D) $3,000,000 shall be available for train12 ing and technical assistance and civil and crimi13 nal legal assistance as authorized by title I of 

14 Public Law 106–559; 

15 (14) $10,000,000 for economic, high technology 

16 and Internet crime prevention grants, including as 

17 authorized by section 401 of Public Law 110–403; 

18 (15) $3,500,000 for training programs as au19 thorized by section 40152 of the 1994 Act, and for 

20 related local demonstration projects; 

21 (16) $50,000,000 for offender reentry programs 

22 and research, as authorized by the Second Chance 

23 Act of 2007 (Public Law 110–199), of which up to 

24 $5,000,000 may be used for a program to improve 
60 

•S 3636 PCS

1 State, local, and tribal probation supervision efforts 

2 and strategies; 

3 (17) $10,000,000 for activities related to com4 prehensive criminal justice reform and recidivism re5 duction efforts by States; 

6 (18) $10,000,000 for implementation of a stu7 dent loan repayment assistance program pursuant to 

8 section 952 of Public Law 110–315; 

9 (19) $5,000,000 for the Northern Border Pros10 ecutor Initiative to reimburse State, county, parish, 

11 tribal, or municipal governments for the costs associ12 ated with the prosecution of criminal cases declined 

13 by local offices of the United States Attorneys; 

14 (20) $5,000,000 for an initiative to assist and 

15 support evidence-based policing; 

16 (21) $3,000,000 for technical and other tar17 geted assistance to improve the functioning of the 

18 criminal justice system; 

19 (22) $7,500,000 for a justice information-shar20 ing and technology program; 

21 (23) $20,000,000 for implementation of the 

22 Adam Walsh Act; 

23 (24) $25,000,000 for an initiative relating to 

24 children exposed to violence; 
61 

•S 3636 PCS

1 (25) $20,000,000 for an Edward Byrne Memo2 rial criminal justice innovation program; 

3 (26) $11,000,000 for sex offender management 

4 assistance as authorized by the Adam Walsh Act 

5 and the Violent Crime Control Act of 1994 (Public 

6 Law 103–322); 

7 (27) $30,000,000 for the matching grant pro8 gram for law enforcement armor vests, as authorized 

9 by section 2501 of title I of the 1968 Act: Provided, 

10 That $1,500,000 is transferred directly to the Na11 tional Institute of Standards and Technology’s Of12 fice of Law Enforcement Standards from the Com13 munity Oriented Policing Services Office for re14 search, testing and evaluation programs; 

15 (28) $1,000,000 for the National Sex Offender 

16 Public Web site; 

17 (29) $10,000,000 is for the Statewide Victim 

18 Notification System program of the Bureau of Jus19 tice Assistance; and 

20 (30) $40,000,000 is for the Regional Informa21 tion Sharing Systems program, as authorized by 

22 part M of title I of the 1968 Act: 

23 Provided, That if a unit of local government uses any of 

24 the funds made available under this heading to increase 

25 the number of law enforcement officers, the unit of local 
62 

•S 3636 PCS

1 government will achieve a net gain in the number of law 

2 enforcement officers who perform nonadministrative pub3 lic sector safety service. 

4 JUVENILE JUSTICE PROGRAMS

5 For grants, contracts, cooperative agreements, and 

6 other assistance authorized by the Juvenile Justice and 

7 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the 

8 Omnibus Crime Control and Safe Streets Act of 1968 

9 (‘‘the 1968 Act’’); the Violence Against Women and De10 partment of Justice Reauthorization Act of 2005 (Public 

11 Law 109–162); the Missing Children’s Assistance Act (42 

12 U.S.C. 5771 et seq.); the Prosecutorial Remedies and 

13 Other Tools to end the Exploitation of Children Today Act 

14 of 2003 (Public Law 108–21); the Victims of Child Abuse 

15 Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); the 

16 Adam Walsh Child Protection and Safety Act of 2006 

17 (Public Law 109–248); the PROTECT Our Children Act 

18 of 2008 (Public Law 110–401); and other juvenile justice 

19 programs, $489,555,000, to remain available until ex20 pended as follows— 

21 (1) $70,000,000 for programs authorized by 

22 section 221 of the 1974 Act, and for training and 

23 technical assistance to assist small, nonprofit organi24 zations with the Federal grants process; 
63 

•S 3636 PCS

1 (2) $75,355,000 for grants and projects, as au2 thorized by sections 261 and 262 of the 1974 Act, 

3 which shall be used for the projects, and in the 

4 amounts, specified in the explanatory statement ac5 companying this Act; 

6 (3) $100,000,000 for youth mentoring grants; 

7 (4) $70,000,000 for delinquency prevention, as 

8 authorized by section 505 of the 1974 Act, of which, 

9 pursuant to sections 261 and 262 thereof— 

10 (A) $25,000,000 is for the Tribal Youth 

11 Program; 

12 (B) $20,000,000 is for a gang and youth 

13 violence education and prevention initiative; and 

14 (C) $25,000,000 is for grants of $360,000 

15 to each State and $4,840,000 shall be available 

16 for discretionary grants, for programs and ac17 tivities to enforce State laws prohibiting the 

18 sale of alcoholic beverages to minors or the pur19 chase or consumption of alcoholic beverages by 

20 minors, for prevention and reduction of con21 sumption of alcoholic beverages by minors, and 

22 for technical assistance and training; 

23 (5) $22,500,000 for programs authorized by 

24 the Victims of Child Abuse Act of 1990; 
64 

•S 3636 PCS

1 (6) $40,000,000 for the Juvenile Accountability 

2 Block Grants program as authorized by part R of 

3 title I of the 1968 Act and Guam shall be considered 

4 a State; 

5 (7) $20,000,000 for community-based violence 

6 prevention initiatives; 

7 (8) $5,000,000 for a juvenile delinquency court 

8 improvement program; 

9 (9) $14,200,000 for the court-appointed special 

10 advocate program, as authorized by section 217 of 

11 the 1990 Act; 

12 (10) $2,500,000 for child abuse training pro13 grams for judicial personnel and practitioners, as 

14 authorized by section 222 of the 1990 Act; and 

15 (11) $70,000,000 for missing and exploited 

16 children programs, including as authorized by sec17 tions 404(b) and 405(a) of the 1974 Act: 

18 Provided, That not more than 10 percent of each amount 

19 may be used for research, evaluation, and statistics activi20 ties designed to benefit the programs or activities author21 ized: Provided further, That not more than 2 percent of 

22 each amount may be used for training and technical as23 sistance: Provided further, That the previous two provisos 

24 shall not apply to grants and projects authorized by sec25 tions 261 and 262 of the 1974 Act, or by sections 217 
65 

•S 3636 PCS

1 and 222 of the 1990 Act, or to missing and exploited chil2 dren programs. 

3 PUBLIC SAFETY OFFICER BENEFITS

4 For payments and expenses authorized under section 

5 1001(a)(4) of title I of the Omnibus Crime Control and 

6 Safe Streets Act of 1968, such sums as are necessary (in7 cluding amounts for administrative costs, which amounts 

8 shall be paid to the ‘‘Salaries and Expenses’’ account), to 

9 remain available until expended; and in addition, 

10 $16,300,000 for payments authorized by section 1201(b) 

11 of such Act and for educational assistance authorized by 

12 section 1218 of such Act, to remain available until ex13 pended: Provided, That notwithstanding section 205 of 

14 this Act, upon a determination by the Attorney General 

15 that emergent circumstances require additional funding 

16 for such disability and education payments, the Attorney 

17 General may transfer such amounts to ‘‘Public Safety Of18 ficer Benefits’’ from available appropriations for the cur19 rent fiscal year for the Department of Justice as may be 

20 necessary to respond to such circumstances: Provided fur21 ther, That any transfer pursuant to the previous proviso 

22 shall be treated as a reprogramming under section 505 

23 of this Act and shall not be available for obligation or ex24 penditure except in compliance with the procedures set 

25 forth in that section. 
66 

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1 COMMUNITY ORIENTED POLICING SERVICES

2 SALARIES AND EXPENSES

3 For necessary expenses, not elsewhere specified in 

4 this title, for management and administration of programs 

5 within the Community Oriented Policing Services Office, 

6 $40,000,000: Provided, That notwithstanding section 205 

7 of this Act, upon a determination by the Attorney General 

8 that emergent circumstances require additional funding 

9 for the foregoing, the Attorney General may transfer such 

10 amounts to ‘‘Salaries and Expenses’’ from available appro11 priations for the current fiscal year for the Department 

12 of Justice as may be necessary to respond to such cir13 cumstances: Provided further, That any transfer pursuant 

14 to the previous proviso shall be treated as a reprogram15 ming under section 505 of this Act and shall not be avail16 able for obligation or expenditure except in compliance 

17 with the procedures set forth in that section. 

18 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

19 (INCLUDING TRANSFERS OF FUNDS)

20 For activities authorized by the Violent Crime Con21 trol and Law Enforcement Act of 1994 (Public Law 103– 

22 322); the Omnibus Crime Control and Safe Streets Act 

23 of 1968 (‘‘the 1968 Act’’); and the Violence Against 

24 Women and Department of Justice Reauthorization Act 

25 of 2005 (Public Law 109–162), $585,955,000, to remain 
67 

•S 3636 PCS

1 available until expended: Provided, That any balances 

2 made available through prior-year deobligations shall only 

3 be available in accordance with section 505 of this Act. 

4 Of the amount provided: 

5 (1) $400,000,000 is for grants under section 

6 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) 

7 for the hiring and rehiring of additional career law 

8 enforcement officers under part Q of such title not9 withstanding subsection (i) of such section and not10 withstanding 42 U.S.C. 3796dd–3(c): Provided, 

11 That notwithstanding subsection (g) of the 1968 Act 

12 (42 U.S.C. 3796dd), the Federal share of the costs 

13 of a project funded by such grants may not exceed 

14 90 percent unless the Director of the Office of Com15 munity Oriented Policing Services waives, wholly or 

16 in part, the requirement of a non-Federal contribu17 tion to the costs of a project: Provided further, That 

18 within the amounts appropriated, $42,000,000 shall 

19 be used for the hiring and rehiring of tribal law en20 forcement officers: Provided further, That within the 

21 amounts appropriated, up to $30,000,000 is avail22 able for the hiring or rehiring of officers who will be 

23 assigned to Internet Crimes Against Children Task 

24 Forces; 
68 

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1 (2) $13,135,000 for grants to entities described 

2 in section 1701 of title I of the 1968 Act, to address 

3 public safety and methamphetamine manufacturing, 

4 sale, and use in hot spots as authorized by section 

5 754 of Public Law 109–177, and for other anti6 methamphetamine-related activities: Provided, That 

7 within the amounts appropriated $8,135,000 shall 

8 be used for the projects, and in the amounts, speci9 fied in the report accompanying this Act: Provided 

10 further, That within the amounts appropriated 

11 $5,000,000 is for anti-methamphetamine-related ac12 tivities in Indian Country; 

13 (3) $103,820,000 is for a law enforcement tech14 nologies and interoperable communications program, 

15 and related law enforcement and public safety equip16 ment: Provided, That within the amounts appro17 priated, $102,320,000 shall be used for the projects, 

18 and in the amounts, specified in the explanatory 

19 statement accompanying this Act: Provided further, 

20 That of the amounts provided under this heading 

21 $1,500,000 is transferred directly to the National 

22 Institute of Standards and Technology’s Office of 

23 Law Enforcement Standards from the Community 

24 Oriented Policing Services Office for research, test25 ing, and evaluation programs; 
69 

•S 3636 PCS

1 (4) $25,000,000 is for improving tribal law en2 forcement, including equipment and training; 

3 (5) $12,000,000 is for community policing de4 velopment activities; 

5 (6) $24,000,000 is for a national grant pro6 gram the purpose of which is to assist State and 

7 local law enforcement to locate, arrest and prosecute 

8 child sexual predators and exploiters, and to enforce 

9 sex offender registration laws described in section 

10 1701(b) of the 1968 Act, of which— 

11 (A) $11,000,000 is for sex offender man12 agement assistance as authorized by the Adam 

13 Walsh Act and the Violent Crime Control Act 

14 of 1994 (Public Law 103–322); and 

15 (B) $1,000,000 is for the National Sex Of16 fender Public Registry; and 

17 (7) $14,000,000 is for expenses authorized by 

18 part AA of the 1968 Act (Secure our Schools). 

19 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

20 SEC. 201. In addition to amounts otherwise made 

21 available in this title for official reception and representa22 tion expenses, a total of not to exceed $50,000 from funds 

23 appropriated to the Department of Justice in this title 

24 shall be available to the Attorney General for official re25 ception and representation expenses. 
70 

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1 SEC. 202. None of the funds appropriated by this 

2 title shall be available to pay for an abortion, except where 

3 the life of the mother would be endangered if the fetus 

4 were carried to term, or in the case of rape: Provided, 

5 That should this prohibition be declared unconstitutional 

6 by a court of competent jurisdiction, this section shall be 

7 null and void. 

8 SEC. 203. None of the funds appropriated under this 

9 title shall be used to require any person to perform, or 

10 facilitate in any way the performance of, any abortion. 

11 SEC. 204. Nothing in the preceding section shall re12 move the obligation of the Director of the Bureau of Pris13 ons to provide escort services necessary for a female in14 mate to receive such service outside the Federal facility: 

15 Provided, That nothing in this section in any way dimin16 ishes the effect of section 203 intended to address the phil17 osophical beliefs of individual employees of the Bureau of 

18 Prisons. 

19 SEC. 205. Not to exceed 5 percent of any appropria20 tion made available for the current fiscal year for the De21 partment of Justice in this Act may be transferred be22 tween such appropriations, but no such appropriation, ex23 cept as otherwise specifically provided, shall be increased 

24 by more than 10 percent by any such transfers: Provided, 

25 That any transfer pursuant to this section shall be treated 
71 

•S 3636 PCS

1 as a reprogramming of funds under section 505 of this 

2 Act and shall not be available for obligation except in com3 pliance with the procedures set forth in that section. 

4 SEC. 206. The Attorney General is authorized to ex5 tend through September 30, 2012, the Personnel Manage6 ment Demonstration Project transferred to the Attorney 

7 General pursuant to section 1115 of the Homeland Secu8 rity Act of 2002, Public Law 107–296 (6 U.S.C. 533) 

9 without limitation on the number of employees or the posi10 tions covered. 

11 SEC. 207. Notwithstanding any other provision of 

12 law, Public Law 102–395 section 102(b) shall extend to 

13 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

14 in the conduct of undercover investigative operations and 

15 shall apply without fiscal year limitation with respect to 

16 any undercover investigative operation by the Bureau of 

17 Alcohol, Tobacco, Firearms and Explosives that is nec18 essary for the detection and prosecution of crimes against 

19 the United States. 

20 SEC. 208. None of the funds made available to the 

21 Department of Justice in this Act may be used for the 

22 purpose of transporting an individual who is a prisoner 

23 pursuant to conviction for crime under State or Federal 

24 law and is classified as a maximum or high security pris25 oner, other than to a prison or other facility certified by 
72 

•S 3636 PCS

1 the Federal Bureau of Prisons as appropriately secure for 

2 housing such a prisoner. 

3 SEC. 209. (a) None of the funds appropriated by this 

4 Act may be used by Federal prisons to purchase cable tele5 vision services, to rent or purchase videocassettes, video6 cassette recorders, or other audiovisual or electronic equip7 ment used primarily for recreational purposes. 

8 (b) The preceding sentence does not preclude the 

9 renting, maintenance, or purchase of audiovisual or elec10 tronic equipment for inmate training, religious, or edu11 cational programs. 

12 SEC. 210. None of the funds made available under 

13 this title shall be obligated or expended for Sentinel, or 

14 for any other major new or enhanced information tech15 nology program having total estimated development costs 

16 in excess of $100,000,000, unless the Deputy Attorney 

17 General and the investment review board certify to the 

18 Committees on Appropriations that the information tech19 nology program has appropriate program management 

20 and contractor oversight mechanisms in place, and that 

21 the program is compatible with the enterprise architecture 

22 of the Department of Justice. 

23 SEC. 211. The notification thresholds and procedures 

24 set forth in section 505 of this Act shall apply to devi25 ations from the amounts designated for specific activities 
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1 in this Act and accompanying statement, and to any use 

2 of deobligated balances of funds provided under this title 

3 in previous years. 

4 SEC. 212. None of the funds appropriated by this Act 

5 may be used to plan for, begin, continue, finish, process, 

6 or approve a public private competition under the Office 

7 of Management and Budget Circular A–76 or any suc8 cessor administrative regulation, directive, or policy for 

9 work performed by employees of the Bureau of Prisons 

10 or of Federal Prison Industries, Incorporated. 

11 SEC. 213. Notwithstanding any other provision of 

12 law, no funds shall be available for the salary, benefits, 

13 or expenses of any United States Attorney assigned dual 

14 or additional responsibilities by the Attorney General or 

15 his designee that exempt that United States Attorney 

16 from the residency requirements of 28 U.S.C. 545. 

17 SEC. 214. None of the funds appropriated in this or 

18 any other Act shall be obligated for the initiation of a fu19 ture phase of the Federal Bureau of Investigation’s Sen20 tinel program until the Attorney General certifies to the 

21 Committees on Appropriations that existing phases cur22 rently under contract for development or fielding have 

23 completed a majority of the work for that phase under 

24 the performance measurement baseline validated by the 

25 integrated baseline review conducted in 2008: Provided, 
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1 That this restriction does not apply to planning and design 

2 activities for future phases: Provided further, That the Bu3 reau will notify the Committees on Appropriations of any 

4 significant changes to the baseline. 

5 SEC. 215. At the discretion of the Attorney General, 

6 and in addition to any amounts that otherwise may be 

7 available (or authorized to be made available) by law, with 

8 respect to funds appropriated by this Act under the head9 ings for ‘‘State and Local Law Enforcement Assistance’’ 

10 and ‘‘Juvenile Justice Programs’’— 

11 (1) Up to 3 percent of funds made available for 

12 grant or reimbursement programs may be used to 

13 provide training and technical assistance; and 

14 (2) Notwithstanding section 205 of this Act, up 

15 to 3 percent of funds made available for grant or re16 imbursement programs under such headings, except 

17 for amounts appropriated for programs administered 

18 by the National Institute of Justice and the Bureau 

19 of Justice Statistics, may be transferred to and 

20 merged with funds provided to the National Insti21 tute of Justice and the Bureau of Justice Statistics, 

22 to be used by them for research, evaluation, or sta23 tistical purposes, without regard to the authoriza24 tions for such grant or reimbursement programs. 
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1 SEC. 216. The Attorney General may, upon request 

2 by a grantee and based upon a determination of fiscal 

3 hardship, waive the requirements of paragraph (1) of sec4 tion 2976(g) and the requirements of paragraphs (1) and 

5 (2) of section 2978(c), of the Omnibus Crime Control and 

6 Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)) and 

7 42 U.S.C. 3797w–2(e)(1) and 42 U.S.C. 3797w–2(e)(2) 

8 with respect to funds appropriated in this or any other 

9 Act making appropriations for fiscal years 2010 and 2011 

10 for Adult and Juvenile Offender State and Local Reentry 

11 Demonstration Projects, and State, Tribal and Local Re12 entry Courts authorized under part FF of such Act of 

13 1968. 

14 SEC. 217. That section 530A of title 28, United 

15 States Code, is hereby amended by replacing ‘‘appro16 priated’’ with ‘‘used from appropriations’’, and by insert17 ing ‘‘(2),’’ before ‘‘(3)’’. 

18 SEC. 218. Section 112(a)(1) of division B of the Con19 solidated Appropriations Act, 2004 (Public Law 108–199; 

20 118 Stat. 62) is repealed. 

21 This title may be cited as the ‘‘Department of Justice 

22 Appropriations Act, 2011’’. 
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1 TITLE III 

2 SCIENCE 

3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

4 For necessary expenses of the Office of Science and 

5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 

7 Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of 

8 passenger motor vehicles, and services as authorized by 

9 5 U.S.C. 3109, not to exceed $2,100 for official reception 

10 and representation expenses, and rental of conference 

11 rooms in the District of Columbia, $6,990,000. 

12 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

13 SCIENCE

14 For necessary expenses, not otherwise provided for, 

15 in the conduct and support of science research and devel16 opment activities, including research, development, oper17 ations, support, and services; maintenance and repair, fa18 cility planning and design; space flight, spacecraft control, 

19 and communications activities; program management; per20 sonnel and related costs, including uniforms or allowances 

21 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex22 penses; purchase and hire of passenger motor vehicles; and 

23 purchase, lease, charter, maintenance, and operation of 

24 mission and administrative aircraft, $5,005,600,000, to 

25 remain available until September 30, 2012. 
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1 AERONAUTICS AND SPACE RESEARCH AND TECHNOLOGY

2 For necessary expenses, not otherwise provided for, 

3 in the conduct and support of aeronautics and space re4 search and development activities, including research, de5 velopment, operations, support, and services; maintenance 

6 and repair, facility planning and design; space flight, 

7 spacecraft control, and communications activities; pro8 gram management; personnel and related costs, including 

9 uniforms or allowances therefor, as authorized by 5 U.S.C. 

10 5901–5902; travel expenses; purchase and hire of pas11 senger motor vehicles; and purchase, lease, charter, main12 tenance, and operation of mission and administrative air13 craft, $904,600,000, to remain available until September 

14 30, 2012; of which $579,600,000 shall be for aeronautics 

15 activities; and of which $325,000,000 shall be for space 

16 research and technology activities. 

17 EXPLORATION

18 For necessary expenses, not otherwise provided for, 

19 in the conduct and support of exploration research and 

20 development activities, including research, development, 

21 operations, support, and services; maintenance; construc22 tion of facilities including repair, rehabilitation, revitaliza23 tion, and modification of facilities, construction of new fa24 cilities and additions to existing facilities, facility planning 

25 and design, and restoration, and acquisition or condemna-
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1 tion of real property, as authorized by law; space flight, 

2 spacecraft control, and communications activities; pro3 gram management, personnel and related costs, including 

4 uniforms or allowances therefor, as authorized by 5 U.S.C. 

5 5901–5902; travel expenses; purchase and hire of pas6 senger motor vehicles; and purchase, lease, charter, main7 tenance, and operation of mission and administrative air8 craft, $3,912,000,000, to remain available until Sep9 tember 30, 2012: Provided, That when any activity has 

10 been initiated by the incurrence of obligations for con11 struction of facilities or environmental compliance and res12 toration activities as authorized by law, such amount 

13 available for such activity shall remain available until Sep14 tember 30, 2016. 

15 SPACE OPERATIONS

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses, not otherwise provided for, 

18 in the conduct and support of space operations research 

19 and development activities, including research, develop20 ment, operations, support, and services; maintenance; con21 struction of facilities including repair, rehabilitation, revi22 talization, and modification of facilities, construction of 

23 new facilities and additions to existing facilities, facility 

24 planning and design, and restoration, and acquisition or 

25 condemnation of real property, as authorized by law; space 
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1 flight, spacecraft control and communications activities; 

2 program management; personnel and related costs, includ3 ing uniforms or allowances therefor, as authorized by 5 

4 U.S.C. 5901–5902; travel expenses; purchase and hire of 

5 passenger motor vehicles; and purchase, lease, charter, 

6 maintenance and operation of mission and administrative 

7 aircraft, $5,533,400,000, to remain available until Sep8 tember 30, 2012: Provided, That of the amounts provided 

9 under this heading, not more than $1,609,700,000 shall 

10 be for Space Shuttle operations, production, research, de11 velopment, and support, not more than $2,779,800,000 

12 shall be for International Space Station operations, pro13 duction, research, development, and support, and not more 

14 than $1,144,000,000 shall be for Space and Flight Sup15 port: Provided further, That when any activity has been 

16 initiated by the incurrence of obligations for construction 

17 of facilities or environmental compliance and restoration 

18 activities as authorized by law, such amount available for 

19 such activity shall remain available until September 30, 

20 2016: Provided further, That up to $50,000,000 may be 

21 transferred to ‘‘Economic Development Assistance Pro22 grams, Economic Development Administration’’, Depart23 ment of Commerce, to spur regional economic growth in 

24 areas impacted by Shuttle retirement and exploration pro25 grammatic changes and that up to $15,000,000 may be 
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1 transferred to ‘‘Training and Employment Services, Em2 ployment and Training Administration’’, Department of 

3 Labor, for job training activities in areas impacted by job 

4 losses associated with Shuttle retirement and exploration 

5 programmatic changes. 

6 EDUCATION

7 For necessary expenses, not otherwise provided for, 

8 in carrying out aerospace and aeronautical education re9 search and development activities, including research, de10 velopment, operations, support, and services; program 

11 management; personnel and related costs, uniforms or al12 lowances therefor, as authorized by 5 U.S.C. 5901–5902; 

13 travel expenses; purchase and hire of passenger motor ve14 hicles; and purchase, lease, charter, maintenance, and op15 eration of mission and administrative aircraft, 

16 $145,800,000, to remain available until September 30, 

17 2012. 

18 CROSS AGENCY SUPPORT

19 For necessary expenses, not otherwise provided for, 

20 in the conduct and support of science, aeronautics, explo21 ration, space operations and education research and devel22 opment activities, including research, development, oper23 ations, support, and services; maintenance and repair, fa24 cility planning and design; space flight, spacecraft control, 

25 and communications activities; program management; per-
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1 sonnel and related costs, including uniforms or allowances 

2 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex3 penses; purchase and hire of passenger motor vehicles; not 

4 to exceed $52,500 for official reception and representation 

5 expenses; and purchase, lease, charter, maintenance, and 

6 operation of mission and administrative aircraft, 

7 $3,075,808,000, to remain available until September 30, 

8 2012: Provided, That not more than $2,270,200,000 shall 

9 be available for center management and operations: Pro10 vided further, That not less than $45,000,000 shall be 

11 available for independent verification and validation activi12 ties: Provided further, That within the amounts appro13 priated, $45,725,000 shall be used for the projects, and 

14 in the amounts, specified in the report accompanying this 

15 Act. 

16 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

17 REMEDIATION

18 For necessary expenses for construction of facilities 

19 including repair, rehabilitation, revitalization, and modi20 fication of facilities, construction of new facilities and ad21 ditions to existing facilities, facility planning and design, 

22 and restoration, and acquisition or condemnation of real 

23 property, as authorized by law, and environmental compli24 ance and restoration, $381,300,000, to remain available 

25 until September 30, 2016: Provided, That within the 
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1 funds provided, $40,500,000 shall be available to support 

2 science research and development activities; $14,000,000 

3 shall be available to support space operations research and 

4 development activities; and $265,800,000 shall be avail5 able for cross agency support activities. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector 

8 General in carrying out the Inspector General Act of 1978, 

9 $38,000,000, to remain available until September 30, 

10 2012. 

11 ADMINISTRATIVE PROVISIONS

12 Funds for announced prizes otherwise authorized 

13 shall remain available, without fiscal year limitation, until 

14 the prize is claimed or the offer is withdrawn. 

15 Not to exceed 5 percent of any appropriation made 

16 available for the current fiscal year for the National Aero17 nautics and Space Administration in this Act may be 

18 transferred between such appropriations, but no such ap19 propriation, except as otherwise specifically provided, shall 

20 be increased by more than 10 percent by any such trans21 fers. Any transfer pursuant to this provision shall be treat22 ed as a reprogramming of funds under section 505 of this 

23 Act and shall not be available for obligation except in com24 pliance with the procedures set forth in that section. 
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1 Notwithstanding any other provision of law, no funds 

2 shall be used to implement by Reduction in Force or other 

3 involuntary separations (except for cause) by the National 

4 Aeronautics and Space Administration prior to September 

5 30, 2011. 

6 The unexpired balances of previous accounts, for ac7 tivities for which funds are provided under this Act, may 

8 be transferred to the new accounts established in this Act 

9 that provide such activity. Balances so transferred shall 

10 be merged with the funds in the newly established ac11 counts, but shall be available under the same terms, condi12 tions and period of time as previously appropriated. 

13 Section 20 of the National Aeronautics and Space 

14 Administration Authorization Act of Fiscal Year 1992 

15 (Public Law 102–195, 42 U.S.C. 2467a) is amended by 

16 adding at the end thereof: 

17 ‘‘(d) AVAILABILITY OF FUNDS.—The interest accru18 ing from the National Aeronautics and Space Administra19 tion Endeavor Teacher Fellowship Trust Fund principal 

20 shall be available in fiscal year 2011 and hereafter for the 

21 purpose of the Endeavor Science Teacher Certificate Pro22 gram.’’. 

23 Of funds provided under the headings ‘‘Science’’ and 

24 ‘‘Exploration’’ in this Act, up to $15,000,000 shall be 

25 available for a reimbursable agreement with the Depart-
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1 ment of Energy for the purpose of re-establishing facilities 

2 to produce fuel required for radioisotope thermoelectric 

3 generators to enable future missions. 

4 For an additional amount for the ‘‘Cross-Agency 

5 Support’’, National Aeronautics and Space Administration 

6 account, $3,492,000, to increase the agency’s acquisition 

7 workforce capacity and capabilities: Provided, That such 

8 funds may be transferred by the Administrator to any 

9 other account in the agency to carry out the purposes pro10 vided herein: Provided further, That such transfer author11 ity is in addition to any other transfer authority provided 

12 in this Act: Provided further, That such funds shall be 

13 available only to supplement and not to supplant existing 

14 acquisition workforce activities: Provided further, That 

15 such funds shall be available for training, recruitment, re16 tention, and hiring additional members of the acquisition 

17 workforce as defined by the Office of Federal Procurement 

18 Policy Act, as amended (41 U.S.C. 401 et seq.): Provided 

19 further, That such funds shall be available for information 

20 technology in support of acquisition workforce effective21 ness or for management solutions to improve acquisition 

22 management. 
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1 NATIONAL SCIENCE FOUNDATION

2 RESEARCH AND RELATED ACTIVITIES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses in carrying out the National 

5 Science Foundation Act of 1950, as amended (42 U.S.C. 

6 1861–1875), and the Act to establish a National Medal 

7 of Science (42 U.S.C. 1880–1881); services as authorized 

8 by 5 U.S.C. 3109; maintenance and operation of aircraft 

9 and purchase of flight services for research support; acqui10 sition of aircraft; and authorized travel; $5,967,180,000, 

11 to remain available until September 30, 2012, of which 

12 not to exceed $590,000,000 shall remain available until 

13 expended for polar research and operations support, and 

14 for reimbursement to other Federal agencies for oper15 ational and science support and logistical and other re16 lated activities for the United States Antarctic program: 

17 Provided, That from funds specified in the fiscal year 

18 2011 budget request for icebreaking services, $54,000,000 

19 shall be transferred to the U.S. Coast Guard ‘‘Operating 

20 Expenses’’ within 60 days of enactment of this Act: Pro21 vided further, That receipts for scientific support services 

22 and materials furnished by the National Research Centers 

23 and other National Science Foundation supported re24 search facilities may be credited to this appropriation. 
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1 MAJOR RESEARCH EQUIPMENT AND FACILITIES

2 CONSTRUCTION

3 For necessary expenses for the acquisition, construc4 tion, commissioning, and upgrading of major research 

5 equipment, facilities, and other such capital assets pursu6 ant to the National Science Foundation Act of 1950, as 

7 amended (42 U.S.C. 1861–1875), including authorized 

8 travel, $155,190,000, to remain available until expended: 

9 Provided, That none of the funds may be used to reim10 burse the Judgment Fund. 

11 EDUCATION AND HUMAN RESOURCES

12 For necessary expenses in carrying out science, math13 ematics and engineering education and human resources 

14 programs and activities pursuant to the National Science 

15 Foundation Act of 1950, as amended (42 U.S.C. 1861– 

16 1875), including services as authorized by 5 U.S.C. 3109, 

17 authorized travel, and rental of conference rooms in the 

18 District of Columbia, $892,000,000, to remain available 

19 until September 30, 2012. 

20 AGENCY OPERATIONS AND AWARD MANAGEMENT

21 For agency operations and award management nec22 essary in carrying out the National Science Foundation 

23 Act of 1950, as amended (42 U.S.C. 1861–1875); services 

24 authorized by 5 U.S.C. 3109; hire of passenger motor ve25 hicles; not to exceed $6,900 for official reception and rep-
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1 resentation expenses; uniforms or allowances therefor, as 

2 authorized by 5 U.S.C. 5901–5902; rental of conference 

3 rooms in the District of Columbia; and reimbursement of 

4 the Department of Homeland Security for security guard 

5 services; $317,190,000: Provided, That contracts may be 

6 entered into under this heading in fiscal year 2011 for 

7 maintenance and operation of facilities, and for other serv8 ices, to be provided during the next fiscal year. 

9 OFFICE OF THE NATIONAL SCIENCE BOARD

10 For necessary expenses (including payment of sala11 ries, authorized travel, hire of passenger motor vehicles, 

12 the rental of conference rooms in the District of Columbia, 

13 and the employment of experts and consultants under sec14 tion 3109 of title 5, United States Code) involved in car15 rying out section 4 of the National Science Foundation 

16 Act of 1950, as amended (42 U.S.C. 1863) and Public 

17 Law 86–209 (42 U.S.C. 1880 et seq.), $4,840,000: Pro18 vided, That not to exceed $2,100 shall be available for offi19 cial reception and representation expenses. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General as authorized by the Inspector General Act of 

23 1978, as amended, $15,000,000, to remain available until 

24 September 30, 2012. 
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1 ADMINISTRATIVE PROVISION

2 For an additional amount for the ‘‘Agency Oper3 ations and Award Management’’, National Science Foun4 dation account, $2,000,000, to increase the agency’s ac5 quisition workforce capacity and capabilities: Provided, 

6 That such funds shall be available only to supplement and 

7 not to supplant existing acquisition workforce activities: 

8 Provided further, That such funds shall be available for 

9 training, recruitment, retention, and hiring additional 

10 members of the acquisition workforce as defined by the 

11 Office of Federal Procurement Policy Act, as amended (41 

12 U.S.C. 401 et seq.): Provided further, That such funds 

13 shall be available for information technology in support 

14 of acquisition workforce effectiveness or for management 

15 solutions to improve acquisition management. 

16 This title may be cited as the ‘‘Science Appropria17 tions Act, 2011’’. 

18 TITLE IV 

19 RELATED AGENCIES 

20 COMMISSION ON CIVIL RIGHTS

21 SALARIES AND EXPENSES

22 For necessary expenses of the Commission on Civil 

23 Rights, including hire of passenger motor vehicles, 

24 $9,400,000: Provided, That none of the funds appro25 priated in this paragraph shall be used to employ in excess 
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1 of four full-time individuals under Schedule C of the Ex2 cepted Service exclusive of one special assistant for each 

3 Commissioner: Provided further, That none of the funds 

4 appropriated in this paragraph shall be used to reimburse 

5 Commissioners for more than 75 billable days, with the 

6 exception of the chairperson, who is permitted 125 billable 

7 days. 

8 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Equal Employment 

11 Opportunity Commission as authorized by title VII of the 

12 Civil Rights Act of 1964, the Age Discrimination in Em13 ployment Act of 1967, the Equal Pay Act of 1963, the 

14 Americans with Disabilities Act of 1990, the Civil Rights 

15 Act of 1991, the Genetic Information Non-Discrimination 

16 Act (GINA) of 2008 (Public Law 110–233), the ADA 

17 Amendments Act of 2008 (Public Law 110–325), and the 

18 Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111– 

19 2), including services as authorized by 5 U.S.C. 3109; hire 

20 of passenger motor vehicles as authorized by 31 U.S.C. 

21 1343(b); nonmonetary awards to private citizens, 

22 $355,303,000: Provided, That the Commission is author23 ized to make available for official reception and represen24 tation expenses not to exceed $1,875 from available funds: 

25 Provided further, That the Commission may take no action 
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1 to implement any workforce repositioning, restructuring, 

2 or reorganization until such time as the House and Senate 

3 Committees on Appropriations have been notified of such 

4 proposals, in accordance with the reprogramming require5 ments of section 505 of this Act: Provided further, That 

6 the Chair is authorized to accept and use any gift or dona7 tion to carry out the work of the Commission. 

8 STATE AND LOCAL ASSISTANCE

9 For payments to State and local enforcement agen10 cies for authorized services to the Commission, 

11 $30,000,000. 

12 INTERNATIONAL TRADE COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the International Trade 

15 Commission, including hire of passenger motor vehicles, 

16 and services as authorized by 5 U.S.C. 3109, and not to 

17 exceed $1,875 for official reception and representation ex18 penses, $87,000,000, to remain available until expended. 

19 LEGAL SERVICES CORPORATION

20 PAYMENT TO THE LEGAL SERVICES CORPORATION

21 For payment to the Legal Services Corporation to 

22 carry out the purposes of the Legal Services Corporation 

23 Act of 1974, $430,000,000, of which $401,700,000 is for 

24 basic field programs and required independent audits; 

25 $4,300,000 is for the Office of Inspector General, of which 
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1 such amounts as may be necessary may be used to conduct 

2 additional audits of recipients; $20,000,000 is for manage3 ment and grants oversight; $3,000,000 is for client self4 help and information technology; and $1,000,000 is for 

5 loan repayment assistance: Provided, That the Legal Serv6 ices Corporation may continue to provide locality pay to 

7 officers and employees at a rate no greater than that pro8 vided by the Federal Government to Washington, DC9 based employees as authorized by 5 U.S.C. 5304, notwith10 standing section 1005(d) of the Legal Services Corpora11 tion Act, 42 U.S.C. 2996(d): Provided further, That the 

12 authorities provided in section 205 of this Act shall be 

13 applicable to the Legal Services Corporation. 

14 ADMINISTRATIVE PROVISION—LEGAL SERVICES

15 CORPORATION

16 None of the funds appropriated in this Act to the 

17 Legal Services Corporation shall be expended for any pur18 pose prohibited or limited by, or contrary to any of the 

19 provisions of, sections 501, 502, 503, 504, 505, and 506 

20 of Public Law 105–119, and all funds appropriated in this 

21 Act to the Legal Services Corporation shall be subject to 

22 the same terms and conditions set forth in such sections, 

23 except that all references in sections 502 and 503 to 1997 

24 and 1998 shall be deemed to refer instead to 2010 and 

25 2011, respectively. 
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1 Section 504 of the Departments of Commerce, Jus2 tice, and State, the Judiciary, and Related Agencies Ap3 propriations Act, 1996 (as contained in Public Law 104– 

4 134) is amended: 

5 (1) in subsection (a), in the matter preceding 

6 paragraph (1), by inserting after ‘‘)’’ the following: 

7 ‘‘that uses Federal funds (or funds from any source 

8 with regard to paragraphs (14) and (15) in a man9 ner’’; 

10 (2) by striking subsection (d); and 

11 (3) by redesignating subsections (e) and (f) as 

12 subsections (d) and (e), respectively. 

13 MARINE MAMMAL COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Marine Mammal Com16 mission as authorized by title II of Public Law 92–522, 

17 $3,250,000. 

18 OFFICE OF THE UNITED STATES TRADE

19 REPRESENTATIVE

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of the United 

22 States Trade Representative, including the hire of pas23 senger motor vehicles and the employment of experts and 

24 consultants as authorized by 5 U.S.C. 3109, $50,757,000, 

25 of which $1,000,000 shall remain available until expended: 
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1 Provided, That not to exceed $93,000 shall be available 

2 for official reception and representation expenses: Pro3 vided further, That negotiations shall be conducted within 

4 the World Trade Organization to recognize the right of 

5 members to distribute monies collected from antidumping 

6 and countervailing duties: Provided further, That negotia7 tions shall be conducted within the World Trade Organiza8 tion consistent with the negotiating objectives contained 

9 in the Trade Act of 2002, Public Law 107–210. 

10 STATE JUSTICE INSTITUTE

11 SALARIES AND EXPENSES

12 For necessary expenses of the State Justice Institute, 

13 as authorized by the State Justice Institute Authorization 

14 Act of 1984 (42 U.S.C. 10701 et seq.) $6,273,000, of 

15 which $500,000 shall remain available until September 30, 

16 2012: Provided, That not to exceed $1,875 shall be avail17 able for official reception and representation expenses. 

18 TITLE V 

19 GENERAL PROVISIONS 

20 SEC. 501. No part of any appropriation contained in 

21 this Act shall be used for publicity or propaganda purposes 

22 not authorized by the Congress. 

23 SEC. 502. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 
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1 SEC. 503. The expenditure of any appropriation 

2 under this Act for any consulting service through procure3 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

4 to those contracts where such expenditures are a matter 

5 of public record and available for public inspection, except 

6 where otherwise provided under existing law, or under ex7 isting Executive order issued pursuant to existing law. 

8 SEC. 504. If any provision of this Act or the applica9 tion of such provision to any person or circumstances shall 

10 be held invalid, the remainder of the Act and the applica11 tion of each provision to persons or circumstances other 

12 than those as to which it is held invalid shall not be af13 fected thereby. 

14 SEC. 505. (a) None of the funds provided under this 

15 Act, or provided under previous appropriations Acts to the 

16 agencies funded by this Act that remain available for obli17 gation or expenditure in fiscal year 2011, or provided from 

18 any accounts in the Treasury of the United States derived 

19 by the collection of fees available to the agencies funded 

20 by this Act, shall be available for obligation or expenditure 

21 through the reprogramming of funds that— 

22 (1) creates or initiates a new program, project 

23 or activity, unless the House and Senate Committees 

24 on Appropriation are notified 15 days in advance of 

25 such reprogramming of funds; 
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1 (2) eliminates a program, project or activity, 

2 unless the House and Senate Committees on Appro3 priations are notified 15 days in advance of such re4 programming of funds; 

5 (3) increases funds or personnel by any means 

6 for any project or activity for which funds have been 

7 denied or restricted by this Act, unless the House 

8 and Senate Committees on Appropriations are noti9 fied 15 days in advance of such reprogramming of 

10 funds; 

11 (4) relocates an office or employees, unless the 

12 House and Senate Committees on Appropriations 

13 are notified 15 days in advance of such reprogram14 ming of funds; 

15 (5) reorganizes or renames offices, programs or 

16 activities, unless the House and Senate Committees 

17 on Appropriations are notified 15 days in advance of 

18 such reprogramming of funds; 

19 (6) contracts out or privatizes any functions or 

20 activities presently performed by Federal employees, 

21 unless the House and Senate Committees on Appro22 priations are notified 15 days in advance of such re23 programming of funds; 

24 (7) proposes to use funds directed for a specific 

25 activity by either the House or Senate Committee on 
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1 Appropriations for a different purpose, unless the 

2 House and Senate Committees on Appropriations 

3 are notified 15 days in advance of such reprogram4 ming of funds; 

5 (8) augments funds for existing programs, 

6 projects or activities in excess of $500,000 or 10 

7 percent, whichever is less, or reduces by 10 percent 

8 funding for any program, project or activity, or 

9 numbers of personnel by 10 percent as approved by 

10 Congress, unless the House and Senate Committees 

11 on Appropriations are notified 15 days in advance of 

12 such reprogramming of funds; or 

13 (9) results from any general savings, including 

14 savings from a reduction in personnel, which would 

15 result in a change in existing programs, projects or 

16 activities as approved by Congress, unless the House 

17 and Senate Committees on Appropriations are noti18 fied 15 days in advance of such reprogramming of 

19 funds. 

20 (b) None of the funds in provided under this Act, or 

21 provided under previous appropriations Acts to the agen22 cies funded by this Act that remain available for obligation 

23 or expenditure in fiscal year 2011, or provided from any 

24 accounts in the Treasury of the United States derived by 

25 the collection of fees available to the agencies funded by 
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1 this Act, shall be available for obligation or expenditure, 

2 through the reprogramming of funds after August 1, ex3 cept in extraordinary circumstances, and only after the 

4 House and Senate Committees on Appropriations are noti5 fied 30 days in advance of such reprogramming of funds. 

6 SEC. 506. Hereafter, none of the funds made avail7 able in this or any other Act may be used to implement, 

8 administer, or enforce any guidelines of the Equal Em9 ployment Opportunity Commission covering harassment 

10 based on religion, when it is made known to the Federal 

11 entity or official to which such funds are made available 

12 that such guidelines do not differ in any respect from the 

13 proposed guidelines published by the Commission on Octo14 ber 1, 1993 (58 Fed. Reg. 51266). 

15 SEC. 507. If it has been finally determined by a court 

16 or Federal agency that any person intentionally affixed a 

17 label bearing a ‘‘Made in America’’ inscription, or any in18 scription with the same meaning, to any product sold in 

19 or shipped to the United States that is not made in the 

20 United States, the person shall be ineligible to receive any 

21 contract or subcontract made with funds made available 

22 in this Act, pursuant to the debarment, suspension, and 

23 ineligibility procedures described in sections 9.400 through 

24 9.409 of title 48, Code of Federal Regulations. 
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1 SEC. 508. The Departments of Commerce and Jus2 tice, the National Science Foundation, and the National 

3 Aeronautics and Space Administration, shall provide to 

4 the House and Senate Committees on Appropriations a 

5 quarterly accounting of the cumulative balances of any un6 obligated funds that were received by such agency during 

7 any previous fiscal year. 

8 SEC. 509. Any costs incurred by a department or 

9 agency funded under this Act resulting from, or to pre10 vent, personnel actions taken in response to funding re11 ductions included in this Act shall be absorbed within the 

12 total budgetary resources available to such department or 

13 agency: Provided, That the authority to transfer funds be14 tween appropriations accounts as may be necessary to 

15 carry out this section is provided in addition to authorities 

16 included elsewhere in this Act: Provided further, That use 

17 of funds to carry out this section shall be treated as a 

18 reprogramming of funds under section 505 of this Act and 

19 shall not be available for obligation or expenditure except 

20 in compliance with the procedures set forth in that section. 

21 SEC. 510. None of the funds provided by this Act 

22 shall be available to promote the sale or export of tobacco 

23 or tobacco products, or to seek the reduction or removal 

24 by any foreign country of restrictions on the marketing 

25 of tobacco or tobacco products, except for restrictions 
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1 which are not applied equally to all tobacco or tobacco 

2 products of the same type. 

3 SEC. 511. None of the funds appropriated pursuant 

4 to this Act or any other provision of law may be used for— 

5 (1) the implementation of any tax or fee in con6 nection with the implementation of subsection 922(t) 

7 of title 18, United States Code; and 

8 (2) any system to implement subsection 922(t) 

9 of title 18, United States Code, that does not re10 quire and result in the destruction of any identifying 

11 information submitted by or on behalf of any person 

12 who has been determined not to be prohibited from 

13 possessing or receiving a firearm no more than 24 

14 hours after the system advises a Federal firearms li15 censee that possession or receipt of a firearm by the 

16 prospective transferee would not violate subsection 

17 (g) or (n) of section 922 of title 18, United States 

18 Code, or State law. 

19 SEC. 512. Notwithstanding any other provision of 

20 law, amounts deposited or available in the Fund estab21 lished under 42 U.S.C. 10601 in any fiscal year in excess 

22 of $841,186,000 shall not be available for obligation until 

23 the following fiscal year. 

24 SEC. 513. None of the funds made available to the 

25 Department of Justice in this Act may be used to discrimi-
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1 nate against or denigrate the religious or moral beliefs of 

2 students who participate in programs for which financial 

3 assistance is provided from those funds, or of the parents 

4 or legal guardians of such students. 

5 SEC. 514. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriations Act. 

10 SEC. 515. Any funds provided in this Act used to im11 plement E-Government Initiatives shall be subject to the 

12 procedures set forth in section 505 of this Act. 

13 SEC. 516. (a) Tracing studies conducted by the Bu14 reau of Alcohol, Tobacco, Firearms and Explosives are re15 leased without adequate disclaimers regarding the limita16 tions of the data. 

17 (b) The Bureau of Alcohol, Tobacco, Firearms and 

18 Explosives shall include in all such data releases, language 

19 similar to the following that would make clear that trace 

20 data cannot be used to draw broad conclusions about fire21 arms-related crime: 

22 (1) Firearm traces are designed to assist law 

23 enforcement authorities in conducting investigations 

24 by tracking the sale and possession of specific fire25 arms. Law enforcement agencies may request fire-
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1 arms traces for any reason, and those reasons are 

2 not necessarily reported to the Federal Government. 

3 Not all firearms used in crime are traced and not all 

4 firearms traced are used in crime. 

5 (2) Firearms selected for tracing are not chosen 

6 for purposes of determining which types, makes, or 

7 models of firearms are used for illicit purposes. The 

8 firearms selected do not constitute a random sample 

9 and should not be considered representative of the 

10 larger universe of all firearms used by criminals, or 

11 any subset of that universe. Firearms are normally 

12 traced to the first retail seller, and sources reported 

13 for firearms traced do not necessarily represent the 

14 sources or methods by which firearms in general are 

15 acquired for use in crime. 

16 SEC. 517. (a) The Inspectors General of the Depart17 ment of Commerce, the Department of Justice, the Na18 tional Aeronautics and Space Administration, the Na19 tional Science Foundation, and the Legal Services Cor20 poration shall conduct audits, pursuant to the Inspector 

21 General Act (5 U.S.C. App.), of grants or contracts for 

22 which funds are appropriated by this Act, and shall submit 

23 reports to Congress on the progress of such audits, which 

24 may include preliminary findings and a description of 

25 areas of particular interest, within 180 days after initi-
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1 ating such an audit and every 180 days thereafter until 

2 any such audit is completed. 

3 (b) Within 60 days after the date on which an audit 

4 described in subsection (a) by an Inspector General is 

5 completed, the Secretary, Attorney General, Adminis6 trator, Director, or President, as appropriate, shall make 

7 the results of the audit available to the public on the Inter8 net Web site maintained by the Department, Administra9 tion, Foundation, or Corporation, respectively. The results 

10 shall be made available in redacted form to exclude— 

11 (1) any matter described in section 552(b) of 

12 title 5, United States Code; and 

13 (2) sensitive personal information for any indi14 vidual, the public access to which could be used to 

15 commit identity theft or for other inappropriate or 

16 unlawful purposes. 

17 (c) A grant or contract funded by amounts appro18 priated by this Act may not be used for the purpose of 

19 defraying the costs of a banquet or conference that is not 

20 directly and programmatically related to the purpose for 

21 which the grant or contract was awarded, such as a ban22 quet or conference held in connection with planning, train23 ing, assessment, review, or other routine purposes related 

24 to a project funded by the grant or contract. 
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1 (d) Any person awarded a grant or contract funded 

2 by amounts appropriated by this Act shall submit a state3 ment to the Secretary of Commerce, the Attorney General, 

4 the Administrator, Director, or President, as appropriate, 

5 certifying that no funds derived from the grant or contract 

6 will be made available through a subcontract or in any 

7 other manner to another person who has a financial inter8 est in the person awarded the grant or contract. 

9 (e) The provisions of the preceding subsections of this 

10 section shall take effect 30 days after the date on which 

11 the Director of the Office of Management and Budget, in 

12 consultation with the Director of the Office of Government 

13 Ethics, determines that a uniform set of rules and require14 ments, substantially similar to the requirements in such 

15 subsections, consistently apply under the executive branch 

16 ethics program to all Federal departments, agencies, and 

17 entities. 

18 SEC. 518. None of the funds appropriated or other19 wise made available under this Act may be used to issue 

20 patents on claims directed to or encompassing a human 

21 organism. 

22 SEC. 519. None of the funds made available in this 

23 Act shall be used in any way whatsoever to support or 

24 justify the use of torture by any official or contract em25 ployee of the United States Government. 
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1 SEC. 520. (a) Notwithstanding any other provision 

2 of law or treaty, none of the funds appropriated or other3 wise made available under this Act or any other Act may 

4 be expended or obligated by a department, agency, or in5 strumentality of the United States to pay administrative 

6 expenses or to compensate an officer or employee of the 

7 United States in connection with requiring an export li8 cense for the export to Canada of components, parts, ac9 cessories or attachments for firearms listed in Category 

10 I, section 121.1 of title 22, Code of Federal Regulations 

11 (International Trafficking in Arms Regulations (ITAR), 

12 part 121, as it existed on April 1, 2005) with a total value 

13 not exceeding $500 wholesale in any transaction, provided 

14 that the conditions of subsection (b) of this section are 

15 met by the exporting party for such articles. 

16 (b) The foregoing exemption from obtaining an ex17 port license— 

18 (1) does not exempt an exporter from filing any 

19 Shipper’s Export Declaration or notification letter 

20 required by law, or from being otherwise eligible 

21 under the laws of the United States to possess, ship, 

22 transport, or export the articles enumerated in sub23 section (a); and 

24 (2) does not permit the export without a license 

25 of— 
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1 (A) fully automatic firearms and compo2 nents and parts for such firearms, other than 

3 for end use by the Federal Government, or a 

4 Provincial or Municipal Government of Canada; 

5 (B) barrels, cylinders, receivers (frames) or 

6 complete breech mechanisms for any firearm 

7 listed in Category I, other than for end use by 

8 the Federal Government, or a Provincial or Mu9 nicipal Government of Canada; or 

10 (C) articles for export from Canada to an11 other foreign destination. 

12 (c) In accordance with this section, the District Di13 rectors of Customs and postmasters shall permit the per14 manent or temporary export without a license of any un15 classified articles specified in subsection (a) to Canada for 

16 end use in Canada or return to the United States, or tem17 porary import of Canadian-origin items from Canada for 

18 end use in the United States or return to Canada for a 

19 Canadian citizen. 

20 (d) The President may require export licenses under 

21 this section on a temporary basis if the President deter22 mines, upon publication first in the Federal Register, that 

23 the Government of Canada has implemented or main24 tained inadequate import controls for the articles specified 

25 in subsection (a), such that a significant diversion of such 
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1 articles has and continues to take place for use in inter2 national terrorism or in the escalation of a conflict in an3 other nation. The President shall terminate the require4 ments of a license when reasons for the temporary require5 ments have ceased. 

6 SEC. 521. Notwithstanding any other provision of 

7 law, no department, agency, or instrumentality of the 

8 United States receiving appropriated funds under this Act 

9 or any other Act shall obligate or expend in any way such 

10 funds to pay administrative expenses or the compensation 

11 of any officer or employee of the United States to deny 

12 any application submitted pursuant to 22 U.S.C. 

13 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

14 478.112 or .113, for a permit to import United States ori15 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 

16 SEC. 522. None of the funds made available in this 

17 Act may be used to include in any new bilateral or multi18 lateral trade agreement the text of— 

19 (1) paragraph 2 of article 16.7 of the United 

20 States-Singapore Free Trade Agreement; 

21 (2) paragraph 4 of article 17.9 of the United 

22 States-Australia Free Trade Agreement; or 

23 (3) paragraph 4 of article 15.9 of the United 

24 States-Morocco Free Trade Agreement. 
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1 SEC. 523. None of the funds made available in this 

2 Act may be used to authorize or issue a national security 

3 letter in contravention of any of the following laws author4 izing the Federal Bureau of Investigation to issue national 

5 security letters: The Right to Financial Privacy Act; The 

6 Electronic Communications Privacy Act; The Fair Credit 

7 Reporting Act; The National Security Act of 1947; USA 

8 PATRIOT Act; and the laws amended by these Acts. 

9 SEC. 524. If at any time during any quarter, the pro10 gram manager of a project within the jurisdiction of the 

11 Departments of Commerce or Justice, the National Aero12 nautics and Space Administration, or the National Science 

13 Foundation totaling more than $75,000,000 has reason14 able cause to believe that the total program cost has in15 creased by 10 percent, the program manager shall imme16 diately inform the Secretary, Administrator, or Director. 

17 The Secretary, Administrator, or Director shall notify the 

18 House and Senate Committees on Appropriations within 

19 30 days in writing of such increase, and shall include in 

20 such notice: the date on which such determination was 

21 made; a statement of the reasons for such increases; the 

22 action taken and proposed to be taken to control future 

23 cost growth of the project; changes made in the perform24 ance or schedule milestones and the degree to which such 

25 changes have contributed to the increase in total program 
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1 costs or procurement costs; new estimates of the total 

2 project or procurement costs; and a statement validating 

3 that the project’s management structure is adequate to 

4 control total project or procurement costs. 

5 SEC. 525. Funds appropriated by this Act, or made 

6 available by the transfer of funds in this Act, for intel7 ligence or intelligence related activities are deemed to be 

8 specifically authorized by the Congress for purposes of sec9 tion 504 of the National Security Act of 1947 (50 U.S.C. 

10 414) during fiscal year 2011 until the enactment of the 

11 Intelligence Authorization Act for fiscal year 2011. 

12 SEC. 526. The Departments, agencies, and commis13 sions funded under this Act, shall establish and maintain 

14 on the homepages of their Internet Web site— 

15 (1) a direct link to the Internet Web site of 

16 their Offices of Inspectors General; and 

17 (2) a mechanism on the Offices of Inspectors 

18 General Web site by which individuals may anony19 mously report cases of waste, fraud, or abuse with 

20 respect to those Departments, agencies, and commis21 sions. 

22 SEC. 527. None of the funds appropriated or other23 wise made available by this Act may be used to enter into 

24 a contract in an amount greater than $5,000,000 or to 

25 award a grant in excess of such amount unless the pro-
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1 spective contractor or grantee certifies in writing to the 

2 agency awarding the contract or grant that, to the best 

3 of its knowledge and belief, the contractor or grantee has 

4 filed all Federal tax returns required during the three 

5 years preceding the certification, has not been convicted 

6 of a criminal offense under the Internal Revenue Code of 

7 1986, and has not, more than 90 days prior to certifi8 cation, been notified of any unpaid Federal tax assessment 

9 for which the liability remains unsatisfied, unless the as10 sessment is the subject of an installment agreement or 

11 offer in compromise that has been approved by the Inter12 nal Revenue Service and is not in default, or the assess13 ment is the subject of a non-frivolous administrative or 

14 judicial proceeding. 

15 SEC. 528. None of the funds appropriated or other16 wise made available in this Act may be used in a manner 

17 that is inconsistent with the principal negotiating objective 

18 of the United States with respect to trade remedy laws 

19 to preserve the ability of the United States— 

20 (1) to enforce vigorously its trade laws, includ21 ing antidumping, countervailing duty, and safeguard 

22 laws; 

23 (2) to avoid agreements that— 
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1 (A) lessen the effectiveness of domestic 

2 and international disciplines on unfair trade, es3 pecially dumping and subsidies; or 

4 (B) lessen the effectiveness of domestic 

5 and international safeguard provisions, in order 

6 to ensure that United States workers, agricul7 tural producers, and firms can compete fully on 

8 fair terms and enjoy the benefits of reciprocal 

9 trade concessions; and 

10 (3) to address and remedy market distortions 

11 that lead to dumping and subsidization, including 

12 overcapacity, cartelization, and market access bar13 riers. 

14 (RESCISSIONS)

15 SEC. 529. (a) Of the unobligated balances available 

16 to the Department of Justice from prior appropriations, 

17 the following funds are hereby rescinded, not later than 

18 September 30, 2011, from the following accounts in the 

19 specified amounts— 

20 (1) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

21 $495,000,000; 

22 (2) ‘‘Bureau of Alcohol, Tobacco, Firearms and 

23 Explosives, Violent Crime Reduction Program’’, 

24 $1,028,000; 

25 (3) ‘‘Office of Justice Programs’’, $42,000,000; 
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1 (4) ‘‘Community Oriented Policing Services’’, 

2 $10,200,000; 

3 (5) ‘‘Working Capital Fund’’, $20,000,000; and 

4 (6) ‘‘Federal Bureau of Investigation, Salaries 

5 and Expenses’’, $20,000,000. 

6 (b) Of the unobligated balances available to the Na7 tional Aeronautics and Space Administration from prior 

8 year appropriations under the heading ‘‘Exploration’’, 

9 $14,000,000 are hereby rescinded. 

10 (c) Of the unobligated balances available to the Na11 tional Science Foundation from prior appropriations, 

12 $50,000,000 under the heading ‘‘Research and Related 

13 Activities’’ is hereby rescinded. 

14 (d) Of the unobligated balances available to the Bu15 reau of the Census from prior year appropriations, 

16 $457,000,000 under the heading ‘‘Periodic Censuses and 

17 Programs’’ is hereby rescinded. 

18 (e) Within 30 days of enactment of this Act, the De19 partment of Justice, the National Aeronautics and Space 

20 Administration, the National Science Foundation, and the 

21 Bureau of the Census shall submit to the Committee on 

22 Appropriations of the Senate a report specifying the 

23 amount of each rescission made pursuant to this section. 

24 (f) The rescissions contained in this section shall not 

25 apply to funds provided in this Act. 
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1 SEC. 530. None of the funds made available in this 

2 Act may be used to purchase first class or premium airline 

3 travel in contravention of sections 301–10.122 through 

4 301–10.124 of title 41 of the Code of Federal Regulations. 

5 SEC. 531. None of the funds made available in this 

6 Act may be used to send or otherwise pay for the attend7 ance of more than 50 employees from a Federal depart8 ment or agency at any single conference occurring outside 

9 the United States. This provision shall not apply to law 

10 enforcement training and/or operational conferences for 

11 law enforcement personnel when the majority of Federal 

12 employees in attendance are law enforcement personnel 

13 stationed outside the United States. 

14 SEC. 532. (a) None of the funds made available in 

15 this or any other Act may be used to release an individual 

16 who is detained, as of June 24, 2009, at Naval Station, 

17 Guantanamo Bay, Cuba, into the continental United 

18 States, Alaska, Hawaii, or the District of Columbia, into 

19 any of the United States territories of Guam, American 

20 Samoa (AS), the United States Virgin Islands (USVI), the 

21 Commonwealth of Puerto Rico and the Commonwealth of 

22 the Northern Mariana Islands (CNMI). 

23 (b) None of the funds made available in this or any 

24 other Act may be used to transfer an individual who is 

25 detained, as of June 24, 2009, at Naval Station, Guanta-
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1 namo Bay, Cuba, into the continental United States, Alas2 ka, Hawaii, or the District of Columbia, into any of the 

3 United States territories of Guam, American Samoa (AS), 

4 the United States Virgin Islands (USVI), the Common5 wealth of Puerto Rico and the Commonwealth of the 

6 Northern Mariana Islands (CNMI), for the purpose of de7 tention, except as provided in subsection (c). 

8 (c) None of the funds made available in this or any 

9 other Act may be used to transfer an individual who is 

10 detained, as of June 24, 2009, at Naval Station, Guanta11 namo Bay, Cuba, into the continental United States, Alas12 ka, Hawaii, or the District of Columbia, into any of the 

13 United States territories of Guam, American Samoa (AS), 

14 the United States Virgin Islands (USVI), the Common15 wealth of Puerto Rico and the Commonwealth of the 

16 Northern Mariana Islands (CNMI), for the purposes of 

17 prosecuting such individual, or detaining such individual 

18 during legal proceedings, until 45 days after the plan de19 scribed in subsection (d) is received. 

20 (d) The President shall submit to Congress, in classi21 fied form, a plan regarding the proposed disposition of any 

22 individual covered by subsection (c) who is detained as of 

23 June 24, 2009. Such plan shall include, at a minimum, 

24 each of the following for each such individual: 
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1 (1) A determination of the risk that the indi2 vidual might instigate an act of terrorism within the 

3 continental United States, Alaska, Hawaii, the Dis4 trict of Columbia, or the United States territories if 

5 the individual were so transferred. 

6 (2) A determination of the risk that the indi7 vidual might advocate, coerce, or incite violent extre8 mism, ideologically motivated criminal activity, or 

9 acts of terrorism, among inmate populations at in10 carceration facilities within the continental United 

11 States, Alaska, Hawaii, the District of Columbia, or 

12 the United States territories if the individual were 

13 transferred to such a facility. 

14 (3) The costs associated with transferring the 

15 individual in question. 

16 (4) The legal rationale and associated court de17 mands for transfer. 

18 (5) A plan for mitigation of any risks described 

19 in paragraphs (1), (2), and (7). 

20 (6) A copy of a notification to the Governor of 

21 the State to which the individual will be transferred, 

22 to the Mayor of the District of Columbia if the indi23 vidual will be transferred to the District of Colum24 bia, or to any United States territories with a certifi25 cation by the Attorney General of the United States 
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1 in classified form at least 14 days prior to such 

2 transfer (together with supporting documentation 

3 and justification) that the individual poses little or 

4 no security risk to the United States. 

5 (7) An assessment of any risk to the national 

6 security of the United States or its citizens, includ7 ing members of the Armed Services of the United 

8 States, that is posed by such transfer and the ac9 tions taken to mitigate such risk. 

10 (e) None of the funds made available in this or any 

11 other Act may be used to transfer or release an individual 

12 detained at Naval Station, Guantanamo Bay, Cuba, as of 

13 June 24, 2009, to the country of such individual’s nation14 ality or last habitual residence or to any other country 

15 other than the United States or to a freely associated 

16 State, unless the President submits to the Congress, in 

17 classified form, at least 15 days prior to such transfer or 

18 release, the following information: 

19 (1) The name of any individual to be trans20 ferred or released and the country or the freely asso21 ciated State to which such individual is to be trans22 ferred or released. 

23 (2) An assessment of any risk to the national 

24 security of the United States or its citizens, includ25 ing members of the Armed Services of the United 
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1 States, that is posed by such transfer or release and 

2 the actions taken to mitigate such risk. 

3 (3) The terms of any agreement with the coun4 try or the freely associated State for the acceptance 

5 of such individual, including the amount of any fi6 nancial assistance related to such agreement. 

7 (f) None of the funds made available in this Act may 

8 be used to provide any immigration benefit (including a 

9 visa, admission into the United States or any of the 

10 United States territories, parole into the United States or 

11 any of the United States territories (other than parole for 

12 the purposes of prosecution and related detention), or clas13 sification as a refugee or applicant for asylum) to any indi14 vidual who is detained, as of June 24, 2009, at Naval Sta15 tion, Guantanamo Bay, Cuba. 

16 (g) In this section, the term ‘‘freely associated 

17 States’’ means the Federated States of Micronesia (FSM), 

18 the Republic of the Marshall Islands (RMI), and the Re19 public of Palau. 

20 (h) Prior to the termination of detention operations 

21 at Naval Station, Guantanamo Bay, Cuba, the President 

22 shall submit to the Congress a report in classified form 

23 describing the disposition or legal status of each individual 

24 detained at the facility as of the date of enactment of this 

25 Act. 
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1 SEC. 533. None of the funds made available under 

2 this Act may be distributed to the Association of Commu3 nity Organizations for Reform Now (ACORN) or its sub4 sidiaries. 

5 SEC. 534. To the extent practicable, funds made 

6 available in this Act should be used to purchase light bulbs 

7 that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En8 ergy Management Program’’ designation. 

9 SEC. 535. The Director of the Office of Management 

10 and Budget shall instruct any department, agency, or in11 strumentality of the United States Government receiving 

12 funds appropriated under this Act to track undisbursed 

13 balances in expired grant accounts and include in its an14 nual performance plan and performance and account15 ability reports the following: 

16 (1) Details on future action the department, 

17 agency, or instrumentality will take to resolve 

18 undisbursed balances in expired grant accounts. 

19 (2) The method that the department, agency, or 

20 instrumentality uses to track undisbursed balances 

21 in expired grant accounts. 

22 (3) Identification of undisbursed balances in ex23 pired grant accounts that may be returned to the 

24 Treasury of the United States. 
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1 (4) In the preceding 3 fiscal years, details on 

2 the total number of expired grant accounts with 

3 undisbursed balances (on the first day of each fiscal 

4 year) for the department, agency, or instrumentality 

5 and the total finances that have not been obligated 

6 to a specific project remaining in the accounts. 

7 SEC. 536. None of the funds made available in this 

8 Act may be used to relocate the Bureau of the Census 

9 or employees from the Department of Commerce to the 

10 jurisdiction of the Executive Office of the President. 

11 SEC. 537. (a) Of the amounts appropriated for dis12 cretionary grants to improve the functioning of the crimi13 nal justice system, to prevent or combat delinquency, and 

14 to assist victims of crime (other than compensation), 

15 under the heading ‘‘State and local law enforcement as16 sistance’’ under the major heading ‘‘Office of Justice Pro17 grams’’ under the overarching heading ‘‘State and local 

18 law enforcement activities’’ under division B, title II of 

19 the Omnibus Appropriations Act, 2009 (Public Law 111– 

20 8; 123 Stat. 579), the amounts to be made available to 

21 the Louisiana District Attorney’s Association, Baton 

22 Rouge, Louisiana, for the purpose to support an early 

23 intervention program for at-risk elementary students, pur24 suant to the joint statement of managers accompanying 

25 that Act, shall be made available to the University of Lou-
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1 isiana-Lafayette, Lafayette, Louisiana, for the same pur2 pose. 

3 (b) Of the amounts appropriated for discretionary 

4 grants to improve the functioning of the criminal justice 

5 system, to prevent or combat delinquency, and to assist 

6 victims of crime (other than compensation), under the 

7 heading ‘‘State and local law enforcement assistance’’ 

8 under the major heading ‘‘Office of Justice Programs’’ 

9 under the overarching heading ‘‘State and local law en10 forcement activities’’ under division B, title II of the Om11 nibus Appropriations Act, 2009 (Public Law 111–8; 123 

12 Stat. 579), the amounts to be made available to Genesee 

13 County, Michigan, for the purpose to assist individuals 

14 transitioning from prison, pursuant to the joint statement 

15 of managers accompanying that Act, shall be made avail16 able to My Brother’s Keeper of Genesee County, Michi17 gan, for the same purpose. 

18 (c) Of the amounts appropriated for discretionary 

19 grants to improve the functioning of the criminal justice 

20 system, to prevent or combat delinquency, and to assist 

21 victims of crime (other than compensation), under the 

22 heading ‘‘State and local law enforcement assistance’’ 

23 under the major heading ‘‘Office of Justice Programs’’ 

24 under the overarching heading ‘‘State and local law en25 forcement activities’’ under division B, title II of the Om-
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1 nibus Appropriations Act, 2009 (Public Law 111–8; 123 

2 Stat. 579), the amounts to be made available to the City 

3 of Las Vegas, Las Vegas, Nevada, for copper wire theft 

4 prevention efforts, pursuant to the joint statement of man5 agers accompanying that Act, shall be made available to 

6 the City of Las Vegas for the Shared Computer Operation 

7 for Protection and Enforcement (SCOPE), Las Vegas, 

8 Nevada. 

9 (d) Of the amounts appropriated for discretionary 

10 grants to improve the functioning of the criminal justice 

11 system, to prevent or combat delinquency, and to assist 

12 victims of crime (other than compensation), under the 

13 heading ‘‘State and local law enforcement assistance’’ 

14 under the major heading ‘‘Office of Justice Programs’’ 

15 under the overarching heading ‘‘State and local law en16 forcement activities’’ under division B, title II of the Om17 nibus Appropriations Act, 2009 (Public Law 111–8; 123 

18 Stat. 579), the amounts to be made available to the 

19 Marcus Institute, Atlanta, Georgia, to provide remediation 

20 for the potential consequences of childhood abuse and ne21 glect, pursuant to the joint statement of managers accom22 panying that Act, shall be made available to the Georgia 

23 State University Center for Healthy Development, At24 lanta, Georgia, for the same purpose. 
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1 SEC. 538. (a) The head of any department, agency, 

2 board or commission funded by this Act shall submit quar3 terly reports to the Inspector General for any entity with4 out an inspector general or the senior ethics official of the 

5 appropriate department, agency, board or commission re6 garding the costs and contracting procedures relating to 

7 each conference held by the department, agency, board or 

8 commission during fiscal year 2011 for which the cost to 

9 the Government was more than $20,000. 

10 (b) Each report submitted under subsection (a) shall 

11 include, for each conference described in that subsection 

12 held during the applicable quarter— 

13 (1) a description of the subject of and number 

14 of participants attending that conference; 

15 (2) a detailed statement of the costs to the Gov16 ernment relating to that conference, including— 

17 (A) the cost of any food or beverages; 

18 (B) the cost of any audio-visual services; 

19 and 

20 (C) a discussion of the methodology used 

21 to determine which costs relate to that con22 ference; and 

23 (3) a description of the contracting procedures 

24 relating to that conference, including— 
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1 (A) whether contracts were awarded on a 

2 competitive basis for that conference; and 

3 (B) a discussion of any cost comparison 

4 conducted by the department, agency, board or 

5 commission in evaluating potential contractors 

6 for that conference. 

7 SEC. 539. (a) None of the funds made available in 

8 this Act may be used to maintain or establish a computer 

9 network unless such network blocks the viewing, 

10 downloading, and exchanging of pornography. 

11 (b) Nothing in subsection (a) shall limit the use of 

12 funds necessary for any Federal, State, tribal, or local law 

13 enforcement agency or any other entity carrying out crimi14 nal investigations, prosecution, or adjudication activities. 

15 COMMISSION ON WARTIME RELOCATION AND INTERN16 MENT OF LATIN AMERICANS OF JAPANESE DESCENT

17 SEC. 540. (a) FINDINGS.—Based on a preliminary 

18 study published in December 1982 by the Commission on 

19 Wartime Relocation and Internment of Civilians, Congress 

20 finds the following: 

21 (1) During World War II, the United States— 

22 (A) expanded its internment program and 

23 national security investigations to conduct the 

24 program and investigations in Latin America; 

25 and 
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1 (B) financed relocation to the United 

2 States, and internment, of approximately 2,300 

3 Latin Americans of Japanese descent, for the 

4 purpose of exchanging the Latin Americans of 

5 Japanese descent for United States citizens 

6 held by Axis countries. 

7 (2) Approximately 2,300 men, women, and chil8 dren of Japanese descent from 13 Latin American 

9 countries were held in the custody of the Depart10 ment of State in internment camps operated by the 

11 Immigration and Naturalization Service from 1941 

12 through 1948. 

13 (3) Those men, women, and children either— 

14 (A) were arrested without a warrant, hear15 ing, or indictment by local police, and sent to 

16 the United States for internment; or 

17 (B) in some cases involving women and 

18 children, voluntarily entered internment camps 

19 to remain with their arrested husbands, fathers, 

20 and other male relatives. 

21 (4) Passports held by individuals who were 

22 Latin Americans of Japanese descent were routinely 

23 confiscated before the individuals arrived in the 

24 United States, and the Department of State ordered 

25 United States consuls in Latin American countries 
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1 to refuse to issue visas to the individuals prior to de2 parture. 

3 (5) Despite their involuntary arrival, Latin 

4 American internees of Japanese descent were consid5 ered to be and treated as illegal entrants by the Im6 migration and Naturalization Service. Thus, the in7 ternees became illegal aliens in United States cus8 tody who were subject to deportation proceedings for 

9 immediate removal from the United States. In some 

10 cases, Latin American internees of Japanese descent 

11 were deported to Axis countries to enable the United 

12 States to conduct prisoner exchanges. 

13 (6) Approximately 2,300 men, women, and chil14 dren of Japanese descent were relocated from their 

15 homes in Latin America, detained in internment 

16 camps in the United States, and in some cases, de17 ported to Axis countries to enable the United States 

18 to conduct prisoner exchanges. 

19 (7) The Commission on Wartime Relocation 

20 and Internment of Civilians studied Federal actions 

21 conducted pursuant to Executive Order 9066 (relat22 ing to authorizing the Secretary of War to prescribe 

23 military areas). Although the United States program 

24 of interning Latin Americans of Japanese descent 

25 was not conducted pursuant to Executive Order 
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1 9066, an examination of that extraordinary program 

2 is necessary to establish a complete account of Fed3 eral actions to detain and intern civilians of enemy 

4 or foreign nationality, particularly of Japanese de5 scent. Although historical documents relating to the 

6 program exist in distant archives, the Commission 

7 on Wartime Relocation and Internment of Civilians 

8 did not research those documents. 

9 (8) Latin American internees of Japanese de10 scent were a group not covered by the Civil Liberties 

11 Act of 1988 (50 U.S.C. App. 1989b et seq.), which 

12 formally apologized and provided compensation pay13 ments to former Japanese Americans interned pur14 suant to Executive Order 9066. 

15 (b) PURPOSE.—The purpose of this section is to es16 tablish a fact-finding Commission to extend the study of 

17 the Commission on Wartime Relocation and Internment 

18 of Civilians to investigate and determine facts and cir19 cumstances surrounding the relocation, internment, and 

20 deportation to Axis countries of Latin Americans of Japa21 nese descent from December 1941 through February 

22 1948, and the impact of those actions by the United 

23 States, and to recommend appropriate remedies, if any, 

24 based on preliminary findings by the original Commission 

25 and new discoveries. 
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1 (c) ESTABLISHMENT OF THE COMMISSION.— 

2 (1) IN GENERAL.—There is established the 

3 Commission on Wartime Relocation and Internment 

4 of Latin Americans of Japanese descent (referred to 

5 in this section as the ‘‘Commission’’). 

6 (2) COMPOSITION.—The Commission shall be 

7 composed of 9 members, who shall be appointed not 

8 later than 60 days after the date of enactment of 

9 this section, of whom— 

10 (A) 3 members shall be appointed by the 

11 President; 

12 (B) 3 members shall be appointed by the 

13 Speaker of the House of Representatives, on 

14 the joint recommendation of the majority leader 

15 of the House of Representatives and the minor16 ity leader of the House of Representatives; and 

17 (C) 3 members shall be appointed by the 

18 President pro tempore of the Senate, on the 

19 joint recommendation of the majority leader of 

20 the Senate and the minority leader of the Sen21 ate. 

22 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

23 Members shall be appointed for the life of the Com24 mission. A vacancy in the Commission shall not af-
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1 fect its powers, but shall be filled in the same man2 ner as the original appointment was made. 

3 (4) MEETINGS.— 

4 (A) FIRST MEETING.—The President shall 

5 call the first meeting of the Commission not 

6 later than the later of— 

7 (i) 60 days after the date of enact8 ment of this section; or 

9 (ii) 30 days after the date of enact10 ment of legislation making appropriations 

11 to carry out this section. 

12 (B) SUBSEQUENT MEETINGS.—Except as 

13 provided in subparagraph (A), the Commission 

14 shall meet at the call of the Chairperson. 

15 (5) QUORUM.—Five members of the Commis16 sion shall constitute a quorum, but a lesser number 

17 of members may hold hearings. 

18 (6) CHAIRPERSON AND VICE CHAIRPERSON.— 

19 The Commission shall elect a Chairperson and Vice 

20 Chairperson from among its members. The Chair21 person and Vice Chairperson shall serve for the life 

22 of the Commission. 

23 (d) DUTIES OF THE COMMISSION.— 

24 (1) IN GENERAL.—The Commission shall— 
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1 (A) extend the study of the Commission on 

2 Wartime Relocation and Internment of Civil3 ians, established by the Commission on War4 time Relocation and Internment of Civilians 

5 Act— 

6 (i) to investigate and determine facts 

7 and circumstances surrounding the United 

8 States’ relocation, internment, and depor9 tation to Axis countries of Latin Ameri10 cans of Japanese descent from December 

11 1941 through February 1948, and the im12 pact of those actions by the United States; 

13 and 

14 (ii) in investigating those facts and 

15 circumstances, to review directives of the 

16 United States Armed Forces and the De17 partment of State requiring the relocation, 

18 detention in internment camps, and depor19 tation to Axis countries of Latin Ameri20 cans of Japanese descent; and 

21 (B) recommend appropriate remedies, if 

22 any, based on preliminary findings by the origi23 nal Commission and new discoveries. 

24 (2) REPORT.—Not later than 1 year after the 

25 date of the first meeting of the Commission pursu-
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1 ant to subsection (c)(4)(A), the Commission shall 

2 submit a written report to Congress, which shall 

3 contain findings resulting from the investigation 

4 conducted under paragraph (1)(A) and recommenda5 tions described in paragraph (1)(B). 

6 (e) POWERS OF THE COMMISSION.— 

7 (1) HEARINGS.—The Commission or, at its di8 rection, any subcommittee or member of the Com9 mission, may, for the purpose of carrying out this 

10 section— 

11 (A) hold such public hearings in such cities 

12 and countries, sit and act at such times and 

13 places, take such testimony, receive such evi14 dence, and administer such oaths as the Com15 mission or such subcommittee or member con16 siders advisable; and 

17 (B) require, by subpoena or otherwise, the 

18 attendance and testimony of such witnesses and 

19 the production of such books, records, cor20 respondence, memoranda, papers, documents, 

21 tapes, and materials as the Commission or such 

22 subcommittee or member considers advisable. 

23 (2) ISSUANCE AND ENFORCEMENT OF SUB24 POENAS.— 
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1 (A) ISSUANCE.—Subpoenas issued under 

2 paragraph (1) shall bear the signature of the 

3 Chairperson of the Commission and shall be 

4 served by any person or class of persons des5 ignated by the Chairperson for that purpose. 

6 (B) ENFORCEMENT.—In the case of contu7 macy or failure to obey a subpoena issued 

8 under paragraph (1), the United States district 

9 court for the judicial district in which the sub10 poenaed person resides, is served, or may be 

11 found may issue an order requiring such person 

12 to appear at any designated place to testify or 

13 to produce documentary or other evidence. Any 

14 failure to obey the order of the court may be 

15 punished by the court as a contempt of that 

16 court. 

17 (3) WITNESS ALLOWANCES AND FEES.—Section 

18 1821 of title 28, United States Code, shall apply to 

19 witnesses requested or subpoenaed to appear at any 

20 hearing of the Commission. The per diem and mile21 age allowances for witnesses shall be paid from 

22 funds available to pay the expenses of the Commis23 sion. 

24 (4) INFORMATION FROM FEDERAL AGENCIES.— 

25 The Commission may secure directly from any Fed-
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1 eral department or agency such information as the 

2 Commission considers necessary to perform its du3 ties. Upon request of the Chairperson of the Com4 mission, the head of such department or agency 

5 shall furnish such information to the Commission. 

6 (5) POSTAL SERVICES.—The Commission may 

7 use the United States mails in the same manner and 

8 under the same conditions as other departments and 

9 agencies of the Federal Government. 

10 (f) PERSONNEL AND ADMINISTRATIVE PROVI11 SIONS.— 

12 (1) COMPENSATION OF MEMBERS.—Each mem13 ber of the Commission who is not an officer or em14 ployee of the Federal Government shall be com15 pensated at a rate equal to the daily equivalent of 

16 the annual rate of basic pay prescribed for level IV 

17 of the Executive Schedule under section 5315 of title 

18 5, United States Code, for each day (including travel 

19 time) during which such member is engaged in the 

20 performance of the duties of the Commission. All 

21 members of the Commission who are officers or em22 ployees of the United States shall serve without com23 pensation in addition to that received for their serv24 ices as officers or employees of the United States. 
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1 (2) TRAVEL EXPENSES.—The members of the 

2 Commission shall be allowed travel expenses, includ3 ing per diem in lieu of subsistence, at rates author4 ized for employees of agencies under subchapter I of 

5 chapter 57 of title 5, United States Code, while 

6 away from their homes or regular places of business 

7 in the performance of services for the Commission. 

8 (3) STAFF.— 

9 (A) IN GENERAL.—The Chairperson of the 

10 Commission may, without regard to the civil 

11 service laws and regulations, appoint and termi12 nate the employment of such personnel as may 

13 be necessary to enable the Commission to per14 form its duties. 

15 (B) COMPENSATION.—The Chairperson of 

16 the Commission may fix the compensation of 

17 the personnel without regard to chapter 51 and 

18 subchapter III of chapter 53 of title 5, United 

19 States Code, relating to classification of posi20 tions and General Schedule pay rates, except 

21 that the rate of pay for the personnel may not 

22 exceed the rate payable for level V of the Exec23 utive Schedule under section 5316 of such title. 

24 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

25 Any Federal Government employee may be detailed 
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1 to the Commission without reimbursement, and such 

2 detail shall be without interruption or loss of civil 

3 service status or privilege. 

4 (5) PROCUREMENT OF TEMPORARY AND INTER5 MITTENT SERVICES.—The Chairperson of the Com6 mission may procure temporary and intermittent 

7 services under section 3109(b) of title 5, United 

8 States Code, at rates for individuals that do not ex9 ceed the daily equivalent of the annual rate of basic 

10 pay prescribed for level V of the Executive Schedule 

11 under section 5316 of such title. 

12 (6) OTHER ADMINISTRATIVE MATTERS.—The 

13 Commission may— 

14 (A) enter into agreements with the Admin15 istrator of General Services to procure nec16 essary financial and administrative services; 

17 (B) enter into contracts to procure sup18 plies, services, and property; and 

19 (C) enter into contracts with Federal, 

20 State, or local agencies, or private institutions 

21 or organizations, for the conduct of research or 

22 surveys, the preparation of reports, and other 

23 activities necessary to enable the Commission to 

24 perform its duties. 
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1 (g) TERMINATION.—The Commission shall terminate 

2 90 days after the date on which the Commission submits 

3 its report to Congress under subsection (d)(2). 

4 (h) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated such sums as may be necessary to 

7 carry out this section. 

8 (2) AVAILABILITY.—Any sums appropriated 

9 under the authorization contained in this subsection 

10 shall remain available, without fiscal year limitation, 

11 until expended. 

12 SEC. 541. (a) Using funds appropriated to the Legal 

13 Services Corporation (‘‘Corporation’’) in this Act, the Cor14 poration shall comply with, and ensure that recipients and 

15 recipient attorneys comply with, the corresponding rec16 ommendations contained in the provisions of— 

17 (1) the report entitled ‘‘Governance and Ac18 countability Practices Need to Be Modernized and 

19 Strengthened’’, GAO–07–993, issued August 2007 

20 by the Government Accountability Office; 

21 (2) the report entitled ‘‘Improved Internal Con22 trols Needed in Grants Management and Oversight’’, 

23 GAO–08–37, issued December 2007 by the Govern24 ment Accountability Office; 
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1 (3) the report entitled ‘‘Selected Internal Con2 trols at Legal Services NYC’’, Report No. AU09–01, 

3 issued December 11, 2008 by the Office of Inspector 

4 General of the Corporation; 

5 (4) the report entitled ‘‘Selected Internal Con6 trols at Legal Aid and Defender Association, Inc.’’, 

7 Report No. AU09–02, issued February 5, 2009 by 

8 that Office of Inspector General; 

9 (5) the report entitled ‘‘Selected Internal Con10 trols at California Indian Legal Services’’, Report 

11 No. AU09–03, issued March 27, 2009 by that Office 

12 of Inspector General; 

13 (6) the report entitled ‘‘Selected Internal Con14 trols at Legal Assistance Foundation of Metropoli15 tan Chicago’’, Report No. AU08–05, issued Sep16 tember 30, 2008 by that Office of Inspector General; 

17 (7) the report entitled ‘‘Selected Internal Con18 trols at Philadelphia Legal Assistance Center’’, Re19 port No. AU08–04, issued August 14, 2008 by that 

20 Office of Inspector General; 

21 (8) the report entitled ‘‘Legal Services Corpora22 tion FY 2008 Financial Statement Audit Report’’, 

23 issued January 28, 2009 by that Office of Inspector 

24 General; 
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1 (9) the report entitled ‘‘Audit of Legal Services 

2 Corporation’s Consultant Contract’’, Report No. 

3 AU09–05, issued July 7, 2009 by that Office of In4 spector General; 

5 (10) the report entitled ‘‘Selected Internal Con6 trols at Legal Aid of Northwest Texas’’, Report No. 

7 AU09–06, issued August 10, 2009 by that Office of 

8 Inspector General; and 

9 (11) the report entitled ‘‘Protocol for the Ac10 ceptance and Use of Private Contributions to LSC’’, 

11 issued August 2008 by the Audit Committee of the 

12 Board of Directors of the Corporation. 

13 (b) The Corporation may not expend $10,000,000 of 

14 the funds described in subsection (a) until the President 

15 and the Chairman submit the certification described in 

16 subsection (c). 

17 (c) The President and the Chairman shall, not later 

18 than 30 days after enactment of this Act, determine 

19 whether the Corporation has met the requirements of sub20 section (a). The President and the Chairman shall make 

21 the determination based on the standards, best manage22 ment practices, and guidelines in the provisions described 

23 in subsection (a). If the President and the Chairman de24 termine that the Corporation has met the requirements, 

25 the President and the Chairman shall submit a certifi-
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1 cation to the Committee on Appropriations of the House 

2 of Representatives, and the Committee on Appropriations 

3 of the Senate. Upon the President’s and the Chairman’s 

4 joint submission of the certification, the Corporation may 

5 expend the amount described in subsection (b). 

6 (d) In this section, the terms ‘‘Corporation’’ and ‘‘re7 cipient’’ have the meanings given the terms in section 

8 1002 of the Legal Services Corporation Act (42 U.S.C. 

9 2996a). 

10 (e) In this section, the terms ‘‘President’’ and 

11 ‘‘Chairman’’ refer to the President of the Legal Services 

12 Corporation and the Chairman of the Board of the Legal 

13 Services Corporation. 

14 This Act may be cited as the ‘‘Commerce, Justice, 

15 Science, and Related Agencies Appropriations Act, 2011’’. 
Calendar No. 479 

111TH CONGRESS 

2D SESSION S. 3636 

[Report No. 111–229] 

A BILL 

Making appropriations for the Departments of 

2011, and for other purposes. Agencies for the fiscal year ending September 30, Commerce and Justice, and Science, and Related 

JULY 22, 2010 

Read twice and placed on the calendar