IB 

Union Calendar No. 113 

112TH CONGRESS 

1ST SESSION H. R. 2596 

[Report No. 112–169] 

Making appropriations for Departments of Commerce and Justice, and 

Science, and Related Agencies for the fiscal year ending September 

30, 2012, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2011 

Mr. WOLF, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

A BILL 

Making appropriations for Departments of Commerce and 

Justice, and Science, and Related Agencies for the fiscal 

year ending September 30, 2012, and for other purposes. 


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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, 2012, and for other pur6 poses, namely: 

7 TITLE I—DEPARTMENT OF COMMERCE 

8 INTERNATIONAL TRADE ADMINISTRATION

9 OPERATIONS AND ADMINISTRATION

10 For necessary expenses for international trade activi11 ties of the Department of Commerce provided for by law, 

12 and for engaging in trade promotional activities abroad, 

13 including expenses of grants and cooperative agreements 

14 for the purpose of promoting exports of United States 

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

16 medical coverage for dependent members of immediate 

17 families of employees stationed overseas and employees 

18 temporarily posted overseas; travel and transportation of 

19 employees of the International Trade Administration be20 tween two points abroad, without regard to 49 U.S.C. 

21 40118; employment of Americans and aliens by contract 

22 for services; rental of space abroad for periods not exceed23 ing 10 years, and expenses of alteration, repair, or im24 provement; purchase or construction of temporary de25 mountable exhibition structures for use abroad; payment 


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1 of tort claims, in the manner authorized in the first para2 graph of 28 U.S.C. 2672 when such claims arise in foreign 

3 countries; not to exceed $327,000 for official representa4 tion expenses abroad; purchase of passenger motor vehi5 cles for official use abroad, not to exceed $45,000 per vehi6 cle; obtaining insurance on official motor vehicles; and 

7 rental of tie lines, $460,106,000, to remain available until 

8 September 30, 2013, of which $9,439,000 is to be derived 

9 from fees to be retained and used by the International 

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

11 Provided, That not less than $48,854,000 shall be for 

12 Manufacturing and Services; not less than $42,623,000 

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

14 $67,358,000 shall be for the Import Administration; not 

15 less than $264,910,000 shall be for trade promotion and 

16 the United States and Foreign Commercial Service; and 

17 not less than $26,922,000 shall be for Executive Direction 

18 and Administration: Provided further, That not less than 

19 $7,000,000 shall be for the Office of China Compliance, 

20 and not less than $4,400,000 shall be for the China Coun21 tervailing Duty Group: Provided further, That the provi22 sions of the first sentence of section 105(f) and all of sec23 tion 108(c) of the Mutual Educational and Cultural Ex24 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 

25 apply in carrying out these activities without regard to 


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1 section 5412 of the Omnibus Trade and Competitiveness 

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

3 of this Act, contributions under the provisions of the Mu4 tual Educational and Cultural Exchange Act of 1961 shall 

5 include payment for assessments for services provided as 

6 part of these activities. 

7 BUREAU OF INDUSTRY AND SECURITY

8 OPERATIONS AND ADMINISTRATION

9 For necessary expenses for export administration and 

10 national security activities of the Department of Com11 merce, including costs associated with the performance of 

12 export administration field activities both domestically and 

13 abroad; full medical coverage for dependent members of 

14 immediate families of employees stationed overseas; em15 ployment of Americans and aliens by contract for services 

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

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

18 arise in foreign countries; not to exceed $15,000 for offi19 cial representation expenses abroad; awards of compensa20 tion to informers under the Export Administration Act of 

21 1979, and as authorized by 22 U.S.C. 401(b); and pur22 chase of passenger motor vehicles for official use and 

23 motor vehicles for law enforcement use with special re24 quirement vehicles eligible for purchase without regard to 

25 any price limitation otherwise established by law, 


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1 $100,141,000, to remain available until expended: Pro2 vided, That the provisions of the first sentence of section 

3 105(f) and all of section 108(c) of the Mutual Educational 

4 and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 

5 and 2458(c)) shall apply in carrying out these activities: 

6 Provided further, That payments and contributions col7 lected and accepted for materials or services provided as 

8 part of such activities may be retained for use in covering 

9 the cost of such activities, and for providing information 

10 to the public with respect to the export administration and 

11 national security activities of the Department of Com12 merce and other export control programs of the United 

13 States and other governments. 

14 ECONOMIC DEVELOPMENT ADMINISTRATION

15 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

16 For grants for economic development assistance as 

17 provided by the Public Works and Economic Development 

18 Act of 1965, for trade adjustment assistance, for the cost 

19 of loan guarantees authorized by section 26 of the Steven20 son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

21 3721), and for other purposes, $220,000,000, to remain 

22 available until expended; of which $5,000,000 shall be for 

23 projects to facilitate the relocation, to the United States, 

24 of a source of employment located outside the United 

25 States; and of which up to $5,000,000 shall be for such 


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1 loan guarantees: Provided, That the costs for loan guaran2 tees, including the cost of modifying such loans, shall be 

3 as defined in section 502 of the Congressional Budget Act 

4 of 1974: Provided further, That these funds are available 

5 to subsidize total loan principal, any part of which is to 

6 be guaranteed, not to exceed $50,000,000. 

7 SALARIES AND EXPENSES

8 For necessary expenses of administering the eco9 nomic development assistance programs as provided for by 

10 law, $37,924,000: Provided, That these funds may be used 

11 to monitor projects approved pursuant to title I of the 

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

13 Trade Act of 1974, and the Community Emergency 

14 Drought Relief Act of 1977. 

15 MINORITY BUSINESS DEVELOPMENT AGENCY

16 MINORITY BUSINESS DEVELOPMENT

17 For necessary expenses of the Department of Com18 merce in fostering, promoting, and developing minority 

19 business enterprise, including expenses of grants, con20 tracts, and other agreements with public or private organi21 zations, $30,339,000. 

22 ECONOMIC AND STATISTICAL ANALYSIS

23 SALARIES AND EXPENSES

24 For necessary expenses, as authorized by law, of eco25 nomic and statistical analysis programs of the Department 


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1 of Commerce, $97,060,000, to remain available until Sep2 tember 30, 2013. 

3 BUREAU OF THE CENSUS

4 SALARIES AND EXPENSES

5 For expenses necessary for collecting, compiling, ana6 lyzing, preparing, and publishing statistics, provided for 

7 by law, $258,506,000: Provided, That from amounts pro8 vided herein, funds may be used for promotion, outreach, 

9 and marketing activities. 

10 PERIODIC CENSUSES AND PROGRAMS

11 For necessary expenses to collect and publish statis12 tics for periodic censuses and programs provided for by 

13 law, $596,842,000, to remain available until September 

14 30, 2013: Provided, That from amounts provided herein, 

15 funds may be used for promotion, outreach, and mar16 keting activities. 

17 NATIONAL TELECOMMUNICATIONS AND INFORMATION

18 ADMINISTRATION

19 SALARIES AND EXPENSES

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

21 the National Telecommunications and Information Ad22 ministration (NTIA), $40,568,000: Provided, That, not23 withstanding 31 U.S.C. 1535(d), the Secretary of Com24 merce shall charge Federal agencies for costs incurred in 

25 spectrum management, analysis, operations, and related 


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1 services, and such fees shall be retained and used as off2 setting collections for costs of such spectrum services, to 

3 remain available until expended: Provided further, That 

4 the Secretary of Commerce is authorized to retain and use 

5 as offsetting 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 PATENT AND TRADEMARK OFFICE

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses of the Patent and Trademark 

17 Office (PTO) provided for by law, including defense of 

18 suits instituted against the Under Secretary of Commerce 

19 for Intellectual Property and Director of the Patent and 

20 Trademark Office, $2,706,313,000, to remain available 

21 until expended: Provided, That the sum herein appro22 priated from the general fund shall be reduced as offset23 ting collections assessed and collected pursuant to section 

24 31 of the Trademark Act of 1946 (15 U.S.C. 1113) and 

25 sections 41 and 376 of title 35, United States Code, are 


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1 received during fiscal year 2012, so as to result in a fiscal 

2 year 2012 appropriation from the general fund estimated 

3 at $0: Provided further, That during fiscal year 2012, 

4 should the total amount of offsetting fee collections and 

5 the surcharge provided herein be less than 

6 $2,706,313,000, this amount shall be reduced accordingly: 

7 Provided further, That any amount received in excess of 

8 $2,706,313,000 in fiscal year 2012 and deposited in the 

9 Patent and Trademark Fee Reserve Fund shall remain 

10 available until expended: Provided further, That the Direc11 tor of the Patent and Trademark Office shall submit a 

12 spending plan to the Committees on Appropriations of the 

13 House of Representatives and the Senate for any amounts 

14 made available by the preceding proviso and such spending 

15 plan shall be treated as a reprogramming under section 

16 505 of this Act and shall not be available for obligation 

17 or expenditure except in compliance with the procedures 

18 set forth in that section: Provided further, That from 

19 amounts provided herein, not to exceed $1,000 shall be 

20 made available in fiscal year 2012 for official reception 

21 and representation expenses: Provided further, That in fis22 cal year 2012 from the amounts made available for ‘‘Sala23 ries and Expenses’’ for the PTO, the amounts necessary 

24 to pay: (1) the difference between the percentage of basic 

25 pay contributed by the PTO and employees under section 


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1 8334(a) of title 5, United States Code, and the normal 

2 cost percentage (as defined by section 8331(17) of that 

3 title) as provided by the Office of Personnel Management 

4 (OPM) for PTO’s specific use, of basic pay, of employees 

5 subject to subchapter III of chapter 83 of that title; and 

6 (2) the present value of the otherwise unfunded accruing 

7 costs, as determined by OPM for PTO’s specific use, of 

8 post-retirement life insurance and post-retirement health 

9 benefits coverage for all PTO employees who are enrolled 

10 in Federal Employees Health Benefits (FEHB) and Fed11 eral Employees Group Life Insurance (FEGLI), shall be 

12 transferred to the Civil Service Retirement and Disability 

13 Fund, the FEGLI Fund, and the FEHB Fund, as appro14 priate, and shall be available for the authorized purposes 

15 of those accounts: Provided further, That any differences 

16 between the present value factors published in OPM’s 

17 yearly 300 series benefit letters and the factors that OPM 

18 provides for PTO’s specific use shall be recognized as an 

19 imputed cost on PTO’s financial statements, where appli20 cable: Provided further, That sections 801, 802, and 803 

21 of division B, Public Law 108–447 shall remain in effect 

22 during fiscal year 2012: Provided further, That the Direc23 tor may, this year, reduce by regulation fees payable for 

24 documents in patent and trademark matters, in connec25 tion with the filing of documents filed electronically in a 


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1 form prescribed by the Director: Provided further, That 

2 there shall be a surcharge of 15 percent, rounded by 

3 standard arithmetic rules, on fees charged or authorized 

4 by sections 41(a), (b), (d) (1) and 132(b) of title 35, 

5 United States Code, as administered under Public Law 

6 108–447 and this Act: Provided further, That the sur7 charge established under the previous proviso shall be sep8 arate from, and in addition to, any other surcharge that 

9 may be required pursuant to any provision of title 35, 

10 United States Code: Provided further, That the surcharge 

11 established in the previous two provisions shall take effect 

12 on the date that is 10 days after the date of enactment 

13 of this Act, and shall remain in effect during fiscal year 

14 2012: Provided further, That hereafter the Director shall 

15 reduce fees for providing prioritized examination of utility 

16 and plant patent applications by 50 percent for small enti17 ties that qualify for reduced fees under section 41(h)(1) 

18 of title 35, United States Code, so long as the fees of the 

19 prioritized examination program are set to recover the es20 timated cost of the program: Provided further, That the 

21 receipts collected as a result of these surcharges shall be 

22 available within the amounts provided herein to the Patent 

23 and Trademark Office without fiscal year limitation, for 

24 all authorized activities and operations of the Office. 


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1 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

2 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

3 For necessary expenses of the National Institute of 

4 Standards and Technology, $516,984,000, to remain 

5 available until expended, of which not to exceed 

6 $9,000,000 may be transferred to the ‘‘Working Capital 

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

8 official reception and representation expenses. 

9 INDUSTRIAL TECHNOLOGY SERVICES

10 For necessary expenses of the Hollings Manufac11 turing Extension Partnership of the National Institute of 

12 Standards and Technology, $128,443,000, to remain 

13 available until expended. 

14 CONSTRUCTION OF RESEARCH FACILITIES

15 For construction of new research facilities, including 

16 architectural and engineering design, and for renovation 

17 and maintenance of existing facilities, not otherwise pro18 vided for the National Institute of Standards and Tech19 nology, as authorized by 15 U.S.C. 278c–278e, 

20 $55,381,000, to remain available until expended: Pro21 vided, That the Secretary of Commerce shall include in 

22 the budget justification materials that the Secretary sub23 mits to Congress in support of the Department of Com24 merce budget (as submitted with the budget of the Presi25 dent under section 1105(a) of title 31, United States 


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1 Code) an estimate for each National Institute of Stand2 ards and Technology construction project having a total 

3 multi-year program cost of more than $5,000,000 and si4 multaneously the budget justification materials shall in5 clude an estimate of the budgetary requirements for each 

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

7 NATIONAL OCEANIC AND ATMOSPHERIC

8 ADMINISTRATION

9 OPERATIONS, RESEARCH, AND FACILITIES

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses of activities authorized by law 

12 for the National Oceanic and Atmospheric Administration, 

13 including maintenance, operation, and hire of aircraft and 

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

15 organizations for the purposes of conducting activities 

16 pursuant to cooperative agreements; and relocation of fa17 cilities, $2,775,930,000, to remain available until Sep18 tember 30, 2013, except that funds provided for coopera19 tive enforcement shall remain available until September 

20 30, 2014: Provided, That fees and donations received by 

21 the National Ocean Service for the management of na22 tional marine sanctuaries may be retained and used for 

23 the salaries and expenses associated with those activities, 

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

25 in addition, $66,200,000 shall be derived by transfer from 


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1 the fund entitled ‘‘Promote and Develop Fishery Products 

2 and Research Pertaining to American Fisheries’’: Pro3 vided further, That of the $2,848,130,000 provided for in 

4 direct obligations under this heading, $2,775,930,000 is 

5 appropriated from the general fund, $66,200,000 is pro6 vided by transfer, and $6,000,000 is derived from recov7 eries of prior year obligations: Provided further, That the 

8 total amount available for National Oceanic and Atmos9 pheric Administration corporate services administrative 

10 support costs shall not exceed $214,874,000: Provided fur11 ther, That any deviation from the amounts designated for 

12 specific activities in the report accompanying this Act, or 

13 any use of deobligated balances of funds provided under 

14 this heading in previous years, shall be subject to the pro15 cedures set forth in section 505 of this Act. 

16 In addition, for necessary retired pay expenses under 

17 the Retired Serviceman’s Family Protection and Survivor 

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

19 retired personnel and their dependents under the Depend20 ents Medical Care Act (10 U.S.C. 55), such sums as may 

21 be necessary. 

22 PROCUREMENT, ACQUISITION AND CONSTRUCTION

23 For procurement, acquisition and construction of 

24 capital assets, including alteration and modification costs, 

25 of the National Oceanic and Atmospheric Administration, 


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1 $1,702,772,000, to remain available until September 30, 

2 2014, except that funds provided for construction of facili3 ties shall remain available until expended: Provided, That 

4 of the $1,709,772,000 provided for in direct obligations 

5 under this heading, $1,702,772,000 is appropriated from 

6 the general fund and $7,000,000 is provided from recov7 eries of prior year obligations: Provided further, That any 

8 deviation from the amounts designated for specific activi9 ties in the report accompanying this Act, or any use of 

10 deobligated balances of funds provided under this heading 

11 in previous years, shall be subject to the procedures set 

12 forth in section 505 of this Act: Provided further, That 

13 the Secretary of Commerce shall include in budget jus14 tification materials that the Secretary submits to Congress 

15 in support of the Department of Commerce budget (as 

16 submitted with the budget of the President under section 

17 1105(a) of title 31, United States Code) an estimate for 

18 each National Oceanic and Atmospheric Administration 

19 Procurement, Acquisition or Construction project having 

20 a total of more than $5,000,000 and simultaneously the 

21 budget justification shall include an estimate of the budg22 etary requirements for each such project for each of the 

23 five subsequent fiscal years. 


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1 PACIFIC COASTAL SALMON RECOVERY

2 For necessary expenses associated with the restora3 tion of Pacific salmon populations, $65,000,000, to re4 main available until September 30, 2013: Provided, That 

5 of the funds provided herein the Secretary of Commerce 

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

7 Idaho, Nevada, California, and Alaska, and Federally-rec8 ognized tribes of the Columbia River and Pacific Coast 

9 (including Alaska) for projects necessary for conservation 

10 of salmon and steelhead populations that are listed as 

11 threatened or endangered, or identified by a State as at12 risk to be so-listed, for maintaining populations necessary 

13 for exercise of tribal treaty fishing rights or native subsist14 ence fishing, or for conservation of Pacific coastal salmon 

15 and steelhead habitat, based on guidelines to be developed 

16 by the Secretary of Commerce: Provided further, That all 

17 funds shall be allocated based on scientific and other merit 

18 principles and shall not be available for marketing activi19 ties: Provided further, That funds disbursed to States shall 

20 be subject to a matching requirement of funds or docu21 mented in-kind contributions of at least 33 percent of the 

22 Federal funds. 

23 FISHERMEN’S CONTINGENCY FUND

24 For carrying out the provisions of title IV of Public 

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


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1 receipts collected pursuant to that Act, to remain available 

2 until expended. 

3 FISHERIES FINANCE PROGRAM ACCOUNT

4 Subject to section 502 of the Congressional Budget 

5 Act of 1974, during fiscal year 2012, obligations of direct 

6 loans may not exceed $24,000,000 for Individual Fishing 

7 Quota loans and may not exceed $59,000,000 for tradi8 tional direct loans as authorized by the Merchant Marine 

9 Act of 1936: Provided, That none of the funds made avail10 able under this heading may be used for direct loans for 

11 any new fishing vessel that will increase the harvesting 

12 capacity 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, $57,884,000: Provided, That the Secretary 

19 of Commerce shall establish a task force on job repatri20 ation and manufacturing growth and shall produce a re21 port on related incentive strategies and implementation 

22 plans. 


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1 HERBERT C. HOOVER BUILDING RENOVATION AND

2 MODERNIZATION

3 For expenses necessary, including blast windows, for 

4 the renovation and modernization of the Herbert C. Hoo5 ver Building, $14,970,000, to remain available until ex6 pended. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the provisions of the Inspector 

10 General Act of 1978 (5 U.S.C. App.), $26,946,000. 

11 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

12 (INCLUDING RESCISSION)

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

14 appropriations and funds made available to the Depart15 ment of Commerce by this Act shall be available for the 

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

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

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

19 be used for advanced payments not otherwise authorized 

20 only upon the certification of officials designated by the 

21 Secretary of Commerce that such payments are in the 

22 public interest. 

23 SEC. 102. During the current fiscal year, appropria24 tions made available to the Department of Commerce by 

25 this act for salaries and expenses shall be available for 


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1 hire of passenger motor vehicles as authorized by 31 

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

3 3109; and uniforms or allowances therefor, as authorized 

4 by law (5 U.S.C. 5901–5902). 

5 SEC. 103. Not to exceed 5 percent of any appropria6 tion made available for the current fiscal year for the De7 partment of Commerce in this Act may be transferred be8 tween such appropriations, but no such appropriation shall 

9 be increased by more than 10 percent by any such trans10 fers: Provided, That any transfer pursuant to this section 

11 shall be treated as a reprogramming of funds under sec12 tion 505 of this Act and shall not be available for obliga13 tion or expenditure except in compliance with the proce14 dures set forth in that section: Provided further, That the 

15 Secretary of Commerce shall notify the Committees on Ap16 propriations at least 15 days in advance of the acquisition 

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

18 and equipment) not specifically provided for in this Act 

19 or any other law appropriating funds for the Department 

20 of Commerce. 

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 


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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. (a) For purposes of this section— 

12 (1) the term ‘‘Under Secretary’’ means Under 

13 Secretary of Commerce for Oceans and Atmosphere; 

14 (2) the term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Appropriations and 

17 the Committee on Commerce, Science, and 

18 Transportation of the Senate; and 

19 (B) the Committee on Appropriations and 

20 the Committee on Science, Space and Tech21 nology of the House of Representatives; 

22 (3) the term ‘‘satellite’’ means the satellites 

23 proposed to be acquired for the National Oceanic 

24 and Atmospheric Administration (NOAA); 


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1 (4) the term ‘‘development’’ means the phase of 

2 a program following the formulation phase and be3 ginning with the approval to proceed to implementa4 tion, as defined in NOAA Administrative Order 

5 216–108, Department of Commerce Administrative 

6 Order 208–3, and NASA’s Procedural Requirements 

7 7120.5c, dated March 22, 2005; 

8 (5) the term ‘‘development cost’’ means the 

9 total of all costs, including construction of facilities 

10 and civil servant costs, from the period beginning 

11 with the approval to proceed to implementation 

12 through the achievement of operational readiness, 

13 without regard to funding source or management 

14 control, for the life of the program; 

15 (6) the term ‘‘life-cycle cost’’ means the total of 

16 the direct, indirect, recurring, and nonrecurring 

17 costs, including the construction of facilities and civil 

18 servant costs, and other related expenses incurred or 

19 estimated to be incurred in the design, development, 

20 verification, production, operation, maintenance, 

21 support, and retirement of a program over its 

22 planned lifespan, without regard to funding source 

23 or management control; 

24 (7) the term ‘‘major program’’ means an activ25 ity approved to proceed to implementation that has 


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1 an estimated life-cycle cost of more than 

2 $250,000,000; and 

3 (8) the term ‘‘baseline’’ means the program as 

4 set following contract award and preliminary design 

5 review of the space and ground systems. 

6 (b)(1) NOAA shall not enter into a contract for devel7 opment of a major program, unless the Under Secretary 

8 determines that— 

9 (A) the technical, cost, and schedule risks 

10 of the program are clearly identified and the 

11 program has developed a plan to manage those 

12 risks; 

13 (B) the technologies required for the pro14 gram have been demonstrated in a relevant lab15 oratory or test environment; 

16 (C) the program complies with all relevant 

17 policies, regulations, and directives of NOAA 

18 and the Department of Commerce; 

19 (D) the program has demonstrated a high 

20 likelihood of accomplishing its intended goals; 

21 and 

22 (E) the acquisition of satellites for use in 

23 the program represents a good value to accom24 plishing NOAA’s mission. 


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1 (2) The Under Secretary shall transmit a re2 port describing the basis for the determination re3 quired under paragraph (1) to the appropriate con4 gressional committees at least 30 days before enter5 ing into a contract for development under a major 

6 program. 

7 (3) The Under Secretary may not delegate the 

8 determination requirement under this subsection, ex9 cept in cases in which the Under Secretary has a 

10 conflict of interest. 

11 (c)(1) Annually, at the same time as the President’s 

12 annual budget submission to the Congress, the Under Sec13 retary shall transmit to the appropriate congressional 

14 committees a report that includes the information required 

15 by this section for the satellite development program for 

16 which NOAA proposes to expend funds in the subsequent 

17 fiscal year. The report under this paragraph shall be 

18 known as the Major Program Annual Report. 

19 (2) The first Major Program Annual Report for 

20 NOAA’s satellite development program shall include 

21 a Baseline Report that shall, at a minimum, in22 clude— 

23 (A) the purposes of the program and key 

24 technical characteristics necessary to fulfill 

25 those purposes; 


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1 (B) an estimate of the life-cycle cost for 

2 the program, with a detailed breakout of the 

3 development cost, program reserves, and an es4 timate of the annual costs until development is 

5 completed; 

6 (C) the schedule for development, including 

7 key program milestones; 

8 (D) the plan for mitigating technical, cost, 

9 and schedule risks identified in accordance with 

10 subsection (b)(1)(A); and 

11 (E) the name of the person responsible for 

12 making notifications under subsection (d), who 

13 shall be an individual whose primary responsi14 bility is overseeing the program. 

15 (3) For the major program for which a Base16 line Report has been submitted, subsequent Major 

17 Program Annual Reports shall describe any changes 

18 to the information that had been provided in the 

19 Baseline Report, and the reasons for those changes. 

20 (d)(1) The individual identified under subsection 

21 (c)(2)(E) shall immediately notify the Under Secretary 

22 any time that individual has reasonable cause to believe 

23 that, for the major program for which he or she is respon24 sible, the development cost of the program has exceeded 


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1 the estimate provided in the Baseline Report of the pro2 gram by 20 percent or more. 

3 (2) Not later than 30 days after the notification 

4 required under paragraph (1), the individual identi5 fied under subsection (c)(2)(E) shall transmit to the 

6 Under Secretary a written notification explaining the 

7 reasons for the change in the cost of the program 

8 for which notification was provided under paragraph 

9 (1). 

10 (3) Not later than 15 days after the Under Sec11 retary receives a written notification under para12 graph (2), the Under Secretary shall transmit the 

13 notification to the appropriate congressional commit14 tees. 

15 (e) Not later than 30 days after receiving a written 

16 notification under subsection (d)(2), the Under Secretary 

17 shall determine whether the development cost of the pro18 gram has exceeded the estimate provided in the Baseline 

19 Report of the program by 20 percent or more. If the deter20 mination is affirmative, the Under Secretary shall— 

21 (1) transmit to the appropriate congressional 

22 committees, not later than 15 days after making the 

23 determination, a report that includes— 

24 (A) a description of the increase in cost 

25 and a detailed explanation for the increase; 


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1 (B) a description of actions taken or pro2 posed to be taken in response to the cost in3 crease; and 

4 (C) a description of any impacts the cost 

5 increase, or the actions described under sub6 paragraph (B), will have on any other program 

7 within NOAA; and 

8 (2) if the Under Secretary intends to continue 

9 with the program, promptly initiate an analysis of 

10 the program, which shall include, at a minimum— 

11 (A) the projected cost and schedule for 

12 completing the program if current requirements 

13 of the program are not modified; 

14 (B) the projected cost and the schedule for 

15 completing the program after instituting the ac16 tions described under paragraph (1)(B); and 

17 (C) a description of, and the projected cost 

18 and schedule for, a broad range of alternatives 

19 to the program. 

20 (f) NOAA shall complete an analysis initiated under 

21 paragraph (2) not later than 6 months after the Under 

22 Secretary makes a determination under this subsection. 

23 The Under Secretary shall transmit the analysis to the 

24 appropriate congressional committees not later than 30 

25 days after its completion. 


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1 SEC. 106. Notwithstanding any other law, the Sec2 retary may furnish services (including but not limited to 

3 utilities, telecommunications, and security services) nec4 essary to support the operation, maintenance, and im5 provement of space that persons, firms or organizations 

6 are authorized pursuant to the Public Buildings Coopera7 tive Use Act of 1976 or other authority to use or occupy 

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

9 other buildings, the maintenance, operation, and protec10 tion of which has been delegated to the Secretary from 

11 the Administrator of General Services pursuant to the 

12 Federal Property and Administrative Services Act of 

13 1949, as amended, on a reimbursable or non-reimbursable 

14 basis. Amounts received as reimbursement for services 

15 provided under this section or the authority under which 

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

17 $200,000, shall be credited to the appropriation or fund 

18 which initially bears the costs of such services. 

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

20 prevent a grant recipient from deterring child pornog21 raphy, copyright infringement, or any other unlawful ac22 tivity over its networks. 

23 SEC. 108. The Administrator of the National Oceanic 

24 and Atmospheric Administration is authorized to use, with 

25 their consent, with reimbursement and subject to the limVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 its of available appropriations, the land, services, equip2 ment, personnel, and facilities of any department, agency 

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

4 local government, Indian tribal government, Territory or 

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

6 any foreign government or international organization for 

7 purposes related to carrying out the responsibilities of any 

8 statute administered by the National Oceanic and Atmos9 pheric Administration. 

10 (RESCISSION)

11 SEC. 109. All balances in the Coastal Zone Manage12 ment Fund, whether unobligated or unavailable, are here13 by permanently rescinded, and notwithstanding Section 

14 308(b) of the Coastal Zone Management Act of 1972, as 

15 amended (16 U.S.C. 1456a), any future payments to the 

16 Fund made pursuant to sections 307 (16 U.S.C. 1456) 

17 and 308 (16 U.S.C. 1456a) of the Coastal Zone Manage18 ment Act of 1972, as amended, shall, in this fiscal year 

19 and any future fiscal years, be treated in accordance with 

20 the Federal Credit Reform Act of 1990, as amended. 

21 SEC. 110. There is established in the Treasury a non22 interest bearing fund to be known as the ‘‘Fisheries En23 forcement Asset Forfeiture Fund’’, which shall consist of 

24 all sums received as fines, penalties, and forfeitures of 

25 property for violations of any provisions of 16 U.S.C. ch. 


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1 38 or of any other marine resource law enforced by the 

2 Secretary of Commerce, including the Lacey Act Amend3 ments of 1981 (16 U.S.C. 3371 et seq.) and with the ex4 ception of collections pursuant to 16 U.S.C. 1437, which 

5 are currently deposited in the Operations, Research, and 

6 Facilities account: Provided, That all unobligated balances 

7 that have been collected pursuant to 16 U.S.C. 1861 or 

8 any other marine resource law enforced by the Secretary 

9 of Commerce with the exception of 16 U.S.C. 1437 shall 

10 be transferred from the Operations, Research, and Facili11 ties account into the Fisheries Enforcement Asset For12 feiture Fund and shall remain available until expended. 

13 SEC. 111. There is established in the Treasury a non14 interest bearing fund to be known as the ‘‘Sanctuaries En15 forcement Asset Forfeiture Fund’’, which shall consist of 

16 all sums received as fines, penalties, and forfeitures of 

17 property for violations of any provisions of 16 U.S.C. ch. 

18 38, which are currently deposited in the Operations, Re19 search, and Facilities account: Provided, That all unobli20 gated balances that have been collected pursuant to 16 

21 U.S.C. 1437 shall be transferred from the Operations, Re22 search, and Facilities account into the Sanctuaries En23 forcement Asset Forfeiture Fund and shall remain avail24 able until expended. 


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1 SEC. 112. The Department of Commerce shall notify 

2 the Committee 15 days in advance of any planned official 

3 travel to China by any employee of the U.S. Department 

4 of Commerce, including the purpose of such travel. 

5 This title may be cited as the ‘‘Department of Com6 merce Appropriations Act, 2012’’. 

7 TITLE II—DEPARTMENT OF JUSTICE 

8 GENERAL ADMINISTRATION

9 SALARIES AND EXPENSES

10 For expenses necessary for the administration of the 

11 Department of Justice, $72,338,000, of which not to ex12 ceed $4,000,000 for security and construction of Depart13 ment of Justice facilities shall remain available until ex14 pended. 

15 JUSTICE INFORMATION SHARING TECHNOLOGY

16 For necessary expenses for information sharing tech17 nology, including planning, development, deployment and 

18 departmental direction, $44,307,000, to remain available 

19 until expended. 

20 LAW ENFORCEMENT WIRELESS COMMUNICATIONS

21 For the costs of developing and implementing com22 munications systems supporting Federal law enforcement 

23 and for the costs of operations and maintenance of exist24 ing communications systems, $99,800,000, to remain 

25 available until expended: Provided, That the Attorney 


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1 General shall transfer to this account all funds made avail2 able to the Department of Justice for the purchase of 

3 portable and mobile radios: Provided further, That any 

4 transfer pursuant to the previous proviso shall be treated 

5 as a reprogramming under section 505 of this Act and 

6 shall not be available for obligation or expenditure except 

7 in compliance with the procedures set forth in that section. 

8 ADMINISTRATIVE REVIEW AND APPEALS

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary for the administration of par11 don and clemency petitions and immigration-related activi12 ties, $300,084,000, of which $4,000,000 shall be derived 

13 by transfer from the Executive Office for Immigration Re14 view fees deposited in the ‘‘Immigration Examinations 

15 Fee’’ account. 

16 DETENTION TRUSTEE

17 For necessary expenses of the Federal Detention 

18 Trustee, $1,515,626,000, to remain available until ex19 pended: Provided, That the Trustee shall be responsible 

20 for managing the Justice Prisoner and Alien Transpor21 tation System: Provided further, That not to exceed 

22 $20,000,000 shall be considered ‘‘funds appropriated for 

23 State and local law enforcement assistance’’ pursuant to 

24 18 U.S.C. 4013(b). 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General, $84,199,000, including not to exceed $10,000 to 

4 meet unforeseen emergencies of a confidential character. 

5 UNITED STATES PAROLE COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the United States Parole 

8 Commission as authorized, $12,833,000. 

9 LEGAL ACTIVITIES

10 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

11 For expenses necessary for the legal activities of the 

12 Department of Justice, not otherwise provided for, includ13 ing not to exceed $20,000 for expenses of collecting evi14 dence, to be expended under the direction of, and to be 

15 accounted for solely under the certificate of, the Attorney 

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

17 in the District of Columbia, $841,767,000, of which not 

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

19 shall remain available until expended: Provided, That of 

20 the total amount appropriated, not to exceed $10,000 shall 

21 be available to INTERPOL Washington for official recep22 tion and representation expenses: Provided further, That 

23 of the amount appropriated, such sums as may be nec24 essary shall be available to reimburse the Office of Per25 sonnel Management for salaries and expenses associated 


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1 with the election monitoring program under section 8 of 

2 the Voting Rights Act of 1965 (42 U.S.C. 1973f): Pro3 vided further, That of the amounts provided under this 

4 heading for the election monitoring program, $3,390,000 

5 shall remain available until expended. 

6 In addition, for reimbursement of expenses of the De7 partment of Justice associated with processing cases 

8 under the National Childhood Vaccine Injury Act of 1986, 

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

10 Vaccine Injury Compensation Trust Fund. 

11 SALARIES AND EXPENSES, ANTITRUST DIVISION

12 For expenses necessary for the enforcement of anti13 trust and kindred laws, $162,844,000, to remain available 

14 until expended: Provided, That notwithstanding any other 

15 provision of law, fees collected for premerger notification 

16 filings under the Hart-Scott-Rodino Antitrust Improve17 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 

18 of collection (and estimated to be $108,000,000 in fiscal 

19 year 2012), shall be retained and used for necessary ex20 penses in this appropriation, and shall remain available 

21 until expended: Provided further, That the sum herein ap22 propriated from the general fund shall be reduced as such 

23 offsetting collections are received during fiscal year 2012, 

24 so as to result in a final fiscal year 2012 appropriation 

25 from the general fund estimated at $54,844,000. 


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1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2 For necessary expenses of the Offices of the United 

3 States Attorneys, including inter-governmental and coop4 erative agreements, $1,930,135,000: Provided, That of the 

5 total amount appropriated, not to exceed $8,000 shall be 

6 available for official reception and representation ex7 penses: Provided further, That not to exceed $25,000,000 

8 shall remain available until expended: Provided further, 

9 That each United States Attorney shall establish a task 

10 force on human trafficking. 

11 UNITED STATES TRUSTEE SYSTEM FUND

12 For necessary expenses of the United States Trustee 

13 Program, as authorized, $219,442,000, to remain avail14 able until expended and to be derived from the United 

15 States Trustee System Fund: Provided, That notwith16 standing any other provision of law, deposits to the Fund 

17 shall be available in such amounts as may be necessary 

18 to pay refunds due depositors: Provided further, That, not19 withstanding any other provision of law, $219,442,000 of 

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

21 be retained and used for necessary expenses in this appro22 priation and shall remain available until expended: Pro23 vided further, That the sum herein appropriated from the 

24 Fund shall be reduced as such offsetting collections are 

25 received during fiscal year 2012, so as to result in a final 


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1 fiscal year 2012 appropriation from the Fund estimated 

2 at $0. 

3 SALARIES AND EXPENSES, FOREIGN CLAIMS

4 SETTLEMENT COMMISSION

5 For expenses necessary to carry out the activities of 

6 the Foreign Claims Settlement Commission, including 

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

8 States Code, $2,113,000. 

9 FEES AND EXPENSES OF WITNESSES

10 For fees and expenses of witnesses, for expenses of 

11 contracts for the procurement and supervision of expert 

12 witnesses, for private counsel expenses, including ad13 vances, and for expenses of foreign counsel, $270,000,000, 

14 to remain available until expended, of which not to exceed 

15 $10,000,000 is for construction of buildings for protected 

16 witness safesites; not to exceed $3,000,000 is for the pur17 chase and maintenance of armored and other vehicles for 

18 witness security caravans; and not to exceed $11,000,000 

19 is for the purchase, installation, maintenance, and up20 grade of secure telecommunications equipment and a se21 cure automated information network to store and retrieve 

22 the identities and locations of protected witnesses. 


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1 SALARIES AND EXPENSES, COMMUNITY RELATIONS

2 SERVICE

3 For necessary expenses of the Community Relations 

4 Service, $11,456,000: Provided, That notwithstanding sec5 tion 205 of this Act, upon a determination by the Attorney 

6 General that emergent circumstances require additional 

7 funding for conflict resolution and violence prevention ac8 tivities of the Community Relations Service, the Attorney 

9 General may transfer such amounts to the Community Re10 lations Service, from available appropriations for the cur11 rent fiscal year for the Department of Justice, as may be 

12 necessary to respond to such circumstances: Provided fur13 ther, That any transfer pursuant to the preceding proviso 

14 shall be treated as a reprogramming under section 505 

15 of this Act and shall not be available for obligation or ex16 penditure except in compliance with the procedures set 

17 forth in that section. 

18 ASSETS FORFEITURE FUND

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

20 (F), and (G), $20,948,000, to be derived from the Depart21 ment of Justice Assets Forfeiture Fund. 

22 UNITED STATES MARSHALS SERVICE

23 SALARIES AND EXPENSES

24 For necessary expenses of the United States Mar25 shals Service, $1,123,511,000, of which not to exceed 


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1 $6,000 shall be available for official reception and rep2 resentation expenses and not to exceed $10,000,000 shall 

3 remain available until expended for information tech4 nology systems. 

5 CONSTRUCTION

6 For construction in space controlled, occupied or uti7 lized by the United States Marshals Service for prisoner 

8 holding and related support, $10,625,000, to remain avail9 able until expended. 

10 NATIONAL SECURITY DIVISION

11 SALARIES AND EXPENSES

12 For expenses necessary to carry out the activities of 

13 the National Security Division, $87,762,000, of which not 

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

15 shall remain available until expended. 

16 INTERAGENCY LAW ENFORCEMENT

17 INTERAGENCY CRIME AND DRUG ENFORCEMENT

18 For necessary expenses for the identification, inves19 tigation, and prosecution of individuals associated with the 

20 most significant drug trafficking and affiliated money 

21 laundering organizations not otherwise provided for, to in22 clude inter-governmental agreements with State and local 

23 law enforcement agencies engaged in the investigation and 

24 prosecution of individuals involved in organized crime drug 

25 trafficking, $527,512,000, of which $50,000,000 shall reVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 main available until expended: Provided, That any 

2 amounts obligated from appropriations under this heading 

3 may be used under authorities available to the organiza4 tions reimbursed from this appropriation. 

5 FEDERAL BUREAU OF INVESTIGATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Bureau of In8 vestigation for detection, investigation, and prosecution of 

9 crimes against the United States, $7,994,991,000, of 

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

11 until expended: Provided, That not to exceed $205,000 

12 shall be available for official reception and representation 

13 expenses. 

14 CONSTRUCTION

15 For necessary expenses, to include the cost of equip16 ment, furniture, and information technology requirements, 

17 related to construction or acquisition of buildings, facili18 ties and sites by purchase, or as otherwise authorized by 

19 law; conversion, modification and extension of Federally20 owned buildings; preliminary planning and design of 

21 projects; and operation and maintenance of secure work 

22 environment facilities and secure networking capabilities; 

23 $80,982,000, to remain available until expended. 


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1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Drug Enforcement Ad4 ministration, including not to exceed $70,000 to meet un5 foreseen emergencies of a confidential character pursuant 

6 to 28 U.S.C. 530C; and expenses for conducting drug edu7 cation and training programs, including travel and related 

8 expenses for participants in such programs and the dis9 tribution of items of token value that promote the goals 

10 of such programs, $1,975,658,000; of which not to exceed 

11 $75,000,000 shall remain available until expended and not 

12 to exceed $100,000 shall be available for official reception 

13 and representation expenses. 

14 CONSTRUCTION

15 For necessary expenses, to include the cost of equip16 ment, furniture, and information technology requirements, 

17 related to construction or acquisition of buildings and of 

18 the operation and maintenance of secure work environ19 ment facilities and secure networking capabilities, 

20 $10,000,000, to remain available until expended. 

21 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

22 EXPLOSIVES

23 SALARIES AND EXPENSES

24 For necessary expenses of the Bureau of Alcohol, To25 bacco, Firearms and Explosives, for training of State and 


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1 local law enforcement agencies with or without reimburse2 ment, including training in connection with the training 

3 and acquisition of canines for explosives and fire 

4 accelerants detection; and for provision of laboratory as5 sistance to State and local law enforcement agencies, with 

6 or without reimbursement, $1,112,542,000, of which not 

7 to exceed $40,000 shall be for official reception and rep8 resentation expenses, not to exceed $1,000,000 shall be 

9 available for the payment of attorneys’ fees as provided 

10 by section 924(d)(2) of title 18, United States Code, and 

11 not to exceed $10,000,000 shall remain available until ex12 pended: Provided, That no funds appropriated herein or 

13 hereafter shall be available for salaries or administrative 

14 expenses in connection with consolidating or centralizing, 

15 within the Department of Justice, the records, or any por16 tion thereof, of acquisition and disposition of firearms 

17 maintained by Federal firearms licensees: Provided fur18 ther, That no funds appropriated herein or hereafter shall 

19 be used to pay administrative expenses or the compensa20 tion of any officer or employee of the United States to 

21 implement an amendment or amendments to 27 CFR 

22 478.118 or to change the definition of ‘‘Curios or relics’’ 

23 in 27 CFR 478.11 or remove any item from ATF Publica24 tion 5300.11 as it existed on January 1, 1994: Provided 

25 further, That none of the funds appropriated herein shall 


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1 be available to investigate or act upon applications for re2 lief from Federal firearms disabilities under 18 U.S.C. 

3 925(c): Provided further, That such funds shall be avail4 able to investigate and act upon applications filed by cor5 porations for relief from Federal firearms disabilities 

6 under section 925(c) of title 18, United States Code: Pro7 vided further, That, hereafter, no funds made available by 

8 this or any other Act may be used to transfer the func9 tions, missions, or activities of the Bureau of Alcohol, To10 bacco, Firearms and Explosives to other agencies or De11 partments: Provided further, That, during the current fis12 cal year and in each fiscal year thereafter, no funds appro13 priated under this or any other Act may be used to dis14 close part or all of the contents of the Firearms Trace 

15 System database maintained by the National Trace Center 

16 of the Bureau of Alcohol, Tobacco, Firearms and Explo17 sives or any information required to be kept by licensees 

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

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

20 (7) of such section, except to: (1) a Federal, State, local, 

21 or tribal law enforcement agency, or a Federal, State, or 

22 local prosecutor; or (2) a foreign law enforcement agency 

23 solely in connection with or for use in a criminal investiga24 tion or prosecution; or (3) a Federal agency for a national 

25 security or intelligence purpose; unless such disclosure of 


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1 such data to any of the entities described in (1), (2) or 

2 (3) of this proviso would compromise the identity of any 

3 undercover law enforcement officer or confidential inform4 ant, or interfere with any case under investigation; and 

5 no person or entity described in (1), (2) or (3) shall know6 ingly and publicly disclose such data; and all such data 

7 shall be immune from legal process, shall not be subject 

8 to subpoena or other discovery, shall be inadmissible in 

9 evidence, and shall not be used, relied on, or disclosed in 

10 any manner, nor shall testimony or other evidence be per11 mitted based on the data, in a civil action in any State 

12 (including the District of Columbia) or Federal court or 

13 in an administrative proceeding other than a proceeding 

14 commenced by the Bureau of Alcohol, Tobacco, Firearms 

15 and Explosives to enforce the provisions of chapter 44 of 

16 such title, or a review of such an action or proceeding; 

17 except that this proviso shall not be construed to prevent: 

18 (A) the disclosure of statistical information concerning 

19 total production, importation, and exportation by each li20 censed importer (as defined in section 921(a)(9) of such 

21 title) and licensed manufacturer (as defined in section 

22 921(a)(10) of such title); (B) the sharing or exchange of 

23 such information among and between Federal, State, local, 

24 or foreign law enforcement agencies, Federal, State, or 

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1 ligence, or counterterrorism officials; or (C) the publica2 tion of annual statistical reports on products regulated by 

3 the Bureau of Alcohol, Tobacco, Firearms and Explosives, 

4 including total production, importation, and exportation 

5 by each licensed importer (as so defined) and licensed 

6 manufacturer (as so defined), or statistical aggregate data 

7 regarding firearms traffickers and trafficking channels, or 

8 firearms misuse, felons, and trafficking investigations: 

9 Provided further, That, hereafter, no funds made available 

10 by this or any other Act shall be expended to promulgate 

11 or implement any rule requiring a physical inventory of 

12 any business licensed under section 923 of title 18, United 

13 States Code: Provided further, That, hereafter, no funds 

14 made available by this or any other Act may be used to 

15 electronically retrieve information gathered pursuant to 18 

16 U.S.C. 923(g)(4) by name or any personal identification 

17 code: Provided further, That, hereafter, no funds author18 ized or made available under this or any other Act may 

19 be used to deny any application for a license under section 

20 923 of title 18, United States Code, or renewal of such 

21 a license due to a lack of business activity, provided that 

22 the applicant is otherwise eligible to receive such a license, 

23 and is eligible to report business income or to claim an 

24 income tax deduction for business expenses under the In25 ternal Revenue Code of 1986. 


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1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Federal Prison System 

5 for the administration, operation, and maintenance of 

6 Federal penal and correctional institutions, and for the 

7 provision of technical assistance and advice on corrections 

8 related issues to foreign governments, $6,312,410,000: 

9 Provided, That the Attorney General may transfer to the 

10 Health Resources and Services Administration such 

11 amounts as may be necessary for direct expenditures by 

12 that Administration for medical relief for inmates of Fed13 eral penal and correctional institutions: Provided further, 

14 That the Director of the Federal Prison System, where 

15 necessary, may enter into contracts with a fiscal agent or 

16 fiscal intermediary claims processor to determine the 

17 amounts payable to persons who, on behalf of the Federal 

18 Prison System, furnish health services to individuals com19 mitted to the custody of the Federal Prison System: Pro20 vided further, That not to exceed $6,000 shall be available 

21 for official reception and representation expenses: Pro22 vided further, That not to exceed $50,000,000 shall re23 main available for necessary operations until September 

24 30, 2013: Provided further, That, of the amounts provided 

25 for contract confinement, not to exceed $20,000,000 shall 


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1 remain available until expended to make payments in ad2 vance for grants, contracts and reimbursable agreements, 

3 and other expenses authorized by section 501(c) of the 

4 Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 

5 note), for the care and security in the United States of 

6 Cuban and Haitian entrants: Provided further, That the 

7 Director of the Federal Prison System may accept donated 

8 property and services relating to the operation of the pris9 on card program from a not-for-profit entity which has 

10 operated such program in the past notwithstanding the 

11 fact that such not-for-profit entity furnishes services 

12 under contracts to the Federal Prison System relating to 

13 the operation of pre-release services, halfway houses, or 

14 other custodial facilities. 

15 BUILDINGS AND FACILITIES

16 For planning, acquisition of sites and construction of 

17 new facilities; purchase and acquisition of facilities and re18 modeling, and equipping of such facilities for penal and 

19 correctional use, including all necessary expenses incident 

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

21 remodeling, and equipping necessary buildings and facili22 ties at existing penal and correctional institutions, includ23 ing all necessary expenses incident thereto, by contract or 

24 force account, $98,957,000, to remain available until ex25 pended, of which not less than $73,769,000 shall be availVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 able only for modernization, maintenance and repair, and 

2 of which not to exceed $14,000,000 shall be available to 

3 construct areas for inmate work programs: Provided, That 

4 labor of United States prisoners may be used for work 

5 performed under this appropriation. 

6 FEDERAL PRISON INDUSTRIES, INCORPORATED

7 The Federal Prison Industries, Incorporated, is here8 by authorized to make such expenditures, within the limits 

9 of funds and borrowing authority available, and in accord 

10 with the law, and to make such contracts and commit11 ments, without regard to fiscal year limitations as pro12 vided by section 9104 of title 31, United States Code, as 

13 may be necessary in carrying out the program set forth 

14 in the budget for the current fiscal year for such corpora15 tion, including purchase (not to exceed five for replace16 ment only) and hire of passenger motor vehicles. 

17 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

18 PRISON INDUSTRIES, INCORPORATED

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

20 Prison Industries, Incorporated shall be available for its 

21 administrative expenses, and for services as authorized by 

22 section 3109 of title 5, United States Code, to be com23 puted on an accrual basis to be determined in accordance 

24 with the corporation’s current prescribed accounting sys25 tem, and such amounts shall be exclusive of depreciation, 


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1 payment of claims, and expenditures which such account2 ing system requires to be capitalized or charged to cost 

3 of commodities acquired or produced, including selling and 

4 shipping expenses, and expenses in connection with acqui5 sition, construction, operation, maintenance, improvement, 

6 protection, or disposition of facilities and other property 

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

8 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

9 OFFICE ON VIOLENCE AGAINST WOMEN

10 VIOLENCE AGAINST WOMEN PREVENTION AND

11 PROSECUTION PROGRAMS

12 For grants, contracts, cooperative agreements, and 

13 other assistance for the prevention and prosecution of vio14 lence against women, as authorized by the Omnibus Crime 

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

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

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

18 (‘‘the 1994 Act’’); the Victims of Trafficking and Violence 

19 Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 

20 Act’’); and the Violence Against Women and Department 

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

22 162) (‘‘the 2005 Act’’); and for related victims services, 

23 $437,663,000, to remain available until expended: Pro24 vided, That except as otherwise provided by law, not to 

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1 ing may be used for expenses related to evaluation, train2 ing, and technical assistance: Provided further, That of the 

3 amount provided— 

4 (1) $210,000,000 is for grants to combat vio5 lence against women, as authorized by part T of the 

6 1968 Act, of which— 

7 (A) $18,000,000 shall be for transitional 

8 housing assistance grants for victims of domes9 tic violence, stalking or sexual assault as au10 thorized by section 40299 of the 1994 Act; and 

11 (B) $3,000,000 shall be for the National 

12 Institute of Justice for research and evaluation 

13 of violence against women and related issues 

14 addressed by grant programs of the Office on 

15 Violence Against Women; 

16 (2) $55,000,000 is for grants to encourage ar17 rest policies as authorized by part U of the 1968 

18 Act; 

19 (3) $20,000,000 is for sexual assault victims 

20 assistance, as authorized by section 41601 of the 

21 1994 Act; 

22 (4) $41,000,000 is for rural domestic violence 

23 and child abuse enforcement assistance grants, as 

24 authorized by section 40295 of the 1994 Act; 


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1 (5) $9,500,000 is for grants to reduce violent 

2 crimes against women on campus, as authorized by 

3 section 304 of the 2005 Act; 

4 (6) $41,000,000 is for legal assistance for vic5 tims, as authorized by section 1201 of the 2000 Act; 

6 (7) $4,250,000 is for enhanced training and 

7 services to end violence against and abuse of women 

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

9 1994 Act; 

10 (8) $11,663,000 is for the safe havens for chil11 dren program, as authorized by section 1301 of the 

12 2000 Act; 

13 (9) $5,750,000 is for education and training to 

14 end violence against and abuse of women with dis15 abilities, as authorized by section 1402 of the 2000 

16 Act; 

17 (10) $1,000,000 is for analysis and research on 

18 violence against Indian women, as authorized by sec19 tion 904 of the 2005 Act; 

20 (11) $3,000,000 is for an engaging men and 

21 youth in prevention program, as authorized by sec22 tion 41305 of the 1994 Act; 

23 (12) $3,500,000 is for services to advocate and 

24 respond to youth, as authorized by section 41201 of 

25 the 1994 Act; 


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1 (13) $3,000,000 is for grants to assist children 

2 and youth exposed to violence, as authorized by sec3 tion 41303 of the 1994 Act; 

4 (14) $2,500,000 is for the Supporting Teens 

5 through Education and Protection program, as au6 thorized by section 41204 of the 1994 Act; 

7 (15) $5,000,000 is for the court training and 

8 improvements program, as authorized by section 

9 41002 of the 1994 Act; 

10 (16) $1,000,000 is for the National Resource 

11 Center on Workplace Responses to assist victims of 

12 domestic violence, as authorized by section 41501 of 

13 the 1994 Act; 

14 (17) $500,000 is for the Office on Violence 

15 Against Women to establish a national clearinghouse 

16 that provides training and technical assistance on 

17 issues relating to sexual assault of American Indian 

18 and Alaska Native women; and 

19 (18) $20,000,000 is for management and ad20 ministration of programs under this heading. 

21 OFFICE OF JUSTICE PROGRAMS

22 RESEARCH, EVALUATION AND STATISTICS

23 For grants, contracts, cooperative agreements, and 

24 other assistance authorized by title I of the Omnibus 

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


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1 Act’’); the Juvenile Justice and Delinquency Prevention 

2 Act of 1974 (‘‘the 1974 Act’’); subtitle D of title II of 

3 the Homeland Security Act of 2002 (Public Law 107– 

4 296) (‘‘the 2002 Act’’); and other programs, 

5 $182,585,000, to remain available until expended, of 

6 which— 

7 (1) $46,585,000 is for criminal justice statistics 

8 programs, and other activities, as authorized by part 

9 C of title I of the 1968 Act; 

10 (2) $41,000,000 is for research, development, 

11 and evaluation programs, and other activities as au12 thorized by part B of title I of the 1968 Act and 

13 subtitle D of title II of the 2002 Act; 

14 (3) $25,000,000 is for regional information 

15 sharing activities, as authorized by part M of title I 

16 of the 1968 Act; and 

17 (4) $70,000,000 is for missing and exploited 

18 children programs, including as authorized by sec19 tions 404(b) and 405(a) of the 1974 Act. 

20 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

21 For grants, contracts, cooperative agreements, and 

22 other assistance authorized by the Violent Crime Control 

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

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

25 Streets Act of 1968 (‘‘the 1968 Act’’); the Victims of 


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

2 1990 Act’’); the Trafficking Victims Protection Reauthor3 ization Act of 2005 (Public Law 109–164) (‘‘the 2005 

4 Act’’); the Victims of Trafficking and Violence Protection 

5 Act of 2000 (Public Law 106–386); the Adam Walsh 

6 Child Protection and Safety Act of 2006 (Public Law 

7 109–248) (‘‘the Adam Walsh Act’’); the NICS Improve8 ment Amendments Act of 2007 (Public Law 110–180); 

9 the Second Chance Act of 2007 (Public Law 110–199); 

10 the Prioritizing Resources and Organization for Intellec11 tual Property Act of 2008 (Public Law 110–403); the Ju12 venile Justice and Delinquency Prevention Act of 1974 

13 (‘‘the 1974 Act’’); and other programs, $1,048,985,000, 

14 to remain available until expended as follows— 

15 (1) $357,265,000 for the Edward Byrne Memo16 rial Justice Assistance Grant program as authorized 

17 by subpart 1 of part E of title I of the 1968 Act, 

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

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

20 the 1968 Act, shall not apply for purposes of this 

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

22 Institute of Justice for research targeted toward de23 veloping a better understanding of the domestic 

24 radicalization phenomenon, and advancing evidence25 based strategies for effective intervention and preVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 vention; $6,000,000 is for activities related to com2 prehensive criminal justice reform and recidivism re3 duction efforts by States; and $4,000,000 is for 

4 grants for law enforcement activities associated with 

5 the presidential nominating conventions; 

6 (2) $25,730,000 for the Southwest Border 

7 Prosecutor Initiative to reimburse State, county, 

8 parish, tribal, or municipal governments for costs as9 sociated with the prosecution of criminal cases de10 clined by local offices of the United States Attor11 neys; 

12 (3) $15,000,000 for competitive grants to im13 prove the functioning of the criminal justice system, 

14 to prevent or combat juvenile delinquency, and to as15 sist victims of crime (other than compensation); 

16 (4) $2,000,000 for the purposes described in 

17 the Missing Alzheimer’s Disease Patient Alert Pro18 gram (section 240001 of the 1994 Act); 

19 (5) $10,500,000 for victim services programs 

20 for victims of trafficking, as authorized by section 

21 107(b)(2) of Public Law 106–386 and for programs 

22 authorized under the 2005 Act; 

23 (6) $40,000,000 for drug courts, as authorized 

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


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1 (7) $7,000,000 for a program to monitor pre2 scription drugs and scheduled listed chemical prod3 ucts; 

4 (8) $12,500,000 for prison rape prevention and 

5 prosecution and other programs, as authorized by 

6 the Prison Rape Elimination Act of 2003 (Public 

7 Law 108–79); 

8 (9) $15,000,000 for grants for Residential Sub9 stance Abuse Treatment for State Prisoners, as au10 thorized by part S of title I of the 1968 Act; 

11 (10) $1,000,000 for grants for wrongful convic12 tion review; 

13 (11) $9,960,000 for mental health courts and 

14 adult and juvenile collaboration program grants, as 

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

16 Act and the Mentally Ill Offender Treatment and 

17 Crime Reduction Reauthorization and Improvement 

18 Act of 2008 (Public Law 110–416); 

19 (12) $41,500,000 for assistance to Indian 

20 tribes, of which— 

21 (A) $8,300,000 shall be available for 

22 grants under section 20109 of subtitle A of title 

23 II of the 1994 Act; 

24 (B) $20,750,000 shall be available for the 

25 Tribal Courts Initiative; 


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1 (C) $9,960,000 shall be available for tribal 

2 alcohol and substance abuse reduction assist3 ance grants; and 

4 (D) $2,490,000 shall be available for train5 ing and technical assistance and civil and crimi6 nal legal assistance as authorized by title I of 

7 Public Law 106–559; 

8 (13) $4,000,000 for economic, high technology 

9 and Internet crime prevention grants, including as 

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

11 (14) $6,000,000 for the court-appointed special 

12 advocate program, as authorized by section 217 of 

13 the 1990 Act; 

14 (15) $24,900,000 for the matching grant pro15 gram for law enforcement armor vests, as authorized 

16 by section 2501 of title I of the 1968 Act, of which 

17 $1,500,000 is for related research, testing, and eval18 uation programs; 

19 (16) $5,000,000 for grants to assist State and 

20 tribal governments, as authorized by the NICS Im21 provements Amendments Act of 2007; 

22 (17) $6,000,000 for the National Criminal His23 tory Improvement Program for grants to upgrade 

24 criminal records; 


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1 (18) $70,000,000 for offender re-entry pro2 grams, as authorized by the Second Chance Act of 

3 2007; 

4 (19) $40,000,000 for programs authorized by 

5 section 221 of the 1974 Act and for training and 

6 technical assistance to assist small, non-profit orga7 nizations with the Federal grants process; 

8 (20) $83,000,000 for youth mentoring grants; 

9 (21) $15,000,000 for programs authorized by 

10 the 1990 Act; 

11 (22) $15,000,000 for anti-methamphetamine12 related activities, which shall be transferred to the 

13 Drug Enforcement Administration upon enactment 

14 of this Act; 

15 (23) $133,630,000 for DNA-related and foren16 sic programs and activities, of which— 

17 (A) $125,330,000 is for a DNA analysis 

18 and capacity enhancement program and for 

19 other local, State, and Federal forensic activi20 ties including the purposes authorized under 

21 section 2 of the DNA Analysis Backlog Elimi22 nation Act of 2000 (the Debbie Smith DNA 

23 Backlog Grant Program); 

24 (B) $4,150,000 is for the purposes de25 scribed in the Kirk Bloodsworth Post-ConvicVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 tion DNA Testing Program (section 412 of 

2 Public Law 108–405); and 

3 (C) $4,150,000 is for Sexual Assault Fo4 rensic Exam Program Grants, as authorized by 

5 section 304 of Public Law 108–405; 

6 (24) $20,000,000 for improving tribal law en7 forcement, including equipment and training; 

8 (25) $9,000,000 to assist State and local law 

9 enforcement to locate, arrest and prosecute child 

10 sexual predators and exploiters, and to enforce sex 

11 offender registration laws; and 

12 (26) $80,000,000 for management and admin13 istration of programs within the Office of Justice 

14 Programs: 

15 Provided, That not more than 10 percent of the 

16 amounts provided in paragraphs (19) through (21) 

17 under this heading may be used for research, evalua18 tion, and statistics activities designed to benefit the 

19 programs or activities authorized: Provided further, 

20 That not more than 2 percent of the amounts pro21 vided in paragraphs (19) through (21) may be used 

22 for training and technical assistance. 

23 PUBLIC SAFETY OFFICER BENEFITS

24 For payments and expenses authorized under section 

25 1001(a)(4) of title I of the Omnibus Crime Control and 


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•HR 2596 RH

1 Safe Streets Act of 1968, such sums as are necessary (in2 cluding amounts for administrative costs), to remain avail3 able until expended; and $16,300,000 for payments au4 thorized by section 1201(b) of such Act and for edu5 cational assistance authorized by section 1218 of such Act, 

6 to remain available until expended: Provided, That not7 withstanding section 205 of this Act, upon a determina8 tion by the Attorney General that emergent circumstances 

9 require additional funding for such disability and edu10 cation payments, the Attorney General may transfer such 

11 amounts to ‘‘Public Safety Officer Benefits’’ from avail12 able appropriations for the current fiscal year for the De13 partment of Justice as may be necessary to respond to 

14 such circumstances: Provided further, That any transfer 

15 pursuant to the previous proviso shall be treated as a re16 programming under section 505 of this Act and shall not 

17 be available for obligation or expenditure except in compli18 ance with the procedures set forth in that section. 

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. 


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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 


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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, 2013, 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 (28 U.S.C. 599B) 

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 or 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 


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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 any informa14 tion technology project having total estimated development 

15 costs exceeding $100,000,000, unless the Deputy Attorney 

16 General and the investment review board certify to the 

17 Committees on Appropriations that the information tech18 nology program has appropriate program management 

19 controls and contractor oversight mechanisms in place, 

20 and that the program is compatible with the enterprise 

21 architecture of the Department of Justice. 

22 SEC. 211. The notification thresholds and procedures 

23 set forth in section 505 of this Act shall apply to devi24 ations from the amounts designated for specific activities 

25 in this Act and accompanying statement, and to any use 


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1 of deobligated balances of funds provided under this title 

2 in previous years. 

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

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

5 or approve a public-private competition under the Office 

6 of Management and Budget Circular A–76 or any suc7 cessor administrative regulation, directive, or policy for 

8 work performed by employees of the Bureau of Prisons 

9 or of Federal Prison Industries, Incorporated. 

10 SEC. 213. (a) Within 60 days of enactment of this 

11 Act, the Attorney General shall report to the Committees 

12 on Appropriations of the House of Representatives and the 

13 Senate a cost and schedule estimate for the final operating 

14 capability of the Federal Bureau of Investigation’s Sen15 tinel program, including the costs of Bureau employees en16 gaged in development work, the costs of operating and 

17 maintaining Sentinel for two years after achievement of 

18 the final operating capability, and a detailed list of the 

19 functionalities included in the final operating capability 

20 compared to the functionalities included in the previous 

21 program baseline. 

22 (b) The report described in subsection (a) shall be 

23 submitted concurrently to the Department of Justice Of24 fice of Inspector General (OIG) and, within 60 days of 

25 receiving such report, the OIG shall provide an assessment 


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1 of such report to the Committees on Appropriations of the 

2 House of Representatives and the Senate. 

3 SEC. 214. In addition to any amounts that otherwise 

4 may be available (or authorized to be made available) by 

5 law, with respect to funds appropriated by this title under 

6 the headings ‘‘Research, Evaluation and Statistics’’ and 

7 ‘‘State and Local Law Enforcement Assistance’’— 

8 (1) up to 3 percent of funds made available to 

9 the Office of Justice Programs for grant or reim10 bursement programs may be used to provide training 

11 and technical assistance; and 

12 (2) up to 1 percent of funds made available to 

13 such Office for formula grants under such headings 

14 may be used for research, evaluation, or statistical 

15 programs administered by the National Institute of 

16 Justice or the Bureau of Justice Statistics, pursuant 

17 to, respectively, sections 201, 202, 301 and 302 of 

18 title I of Public Law 90–351. 

19 SEC. 215. The Attorney General may, upon request 

20 by a grantee and based upon a determination of fiscal 

21 hardship, waive the requirements of sections 2976(g)(1), 

22 2978(e)(1) and (2), and 2904 of title I of the Omnibus 

23 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

24 3797w(g)(1), 3797w-2(e)(1) and (2), 3797q-3) with re25 spect to funds appropriated in this or any other Act makVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 ing appropriations for fiscal years 2010 through 2012 for 

2 Adult and Juvenile Offender State and Local Reentry 

3 Demonstration Projects and State, Tribal, and Local Re4 entry Courts authorized under part FF of title I of such 

5 Act of 1968, and the Prosecution Drug Treatment Alter6 natives to Prison Program authorized under part CC of 

7 such Act. 

8 SEC. 216. (a) The Attorney General shall submit 

9 quarterly reports to the Inspector General of the Depart10 ment of Justice regarding the costs and contracting proce11 dures relating to each conference held by the Department 

12 of Justice during fiscal year 2010 for which the cost to 

13 the Government was more than $20,000. 

14 (b) Each report submitted under subsection (a) shall 

15 include, for each conference described in that subsection 

16 held during the applicable quarter— 

17 (1) a description of the subject of and number 

18 of participants attending that conference; 

19 (2) a detailed statement of the costs to the Gov20 ernment relating to that conference, including— 

21 (A) the cost of any food or beverages; 

22 (B) the cost of any audio-visual services; 

23 and 


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1 (C) a discussion of the methodology used 

2 to determine which costs relate to that con3 ference; and 

4 (3) a description of the contracting procedures 

5 relating to that conference, including— 

6 (A) whether contracts were awarded on a 

7 competitive basis for that conference; and 

8 (B) a discussion of any cost comparison 

9 conducted by the Department of Justice in eval10 uating potential contractors for that conference. 

11 SEC. 217. For purposes of the allocation under sec12 tion 505(d)(1) of title I of Public Law 90–351 (42 U.S.C. 

13 3755(d)(1)) for fiscal year 2012, the Attorney General is 

14 authorized to waive the application of section 505(e)(3) 

15 (42 U.S.C. 3755(e)(3)) to any non-reporting unit of local 

16 government that— 

17 (1) was eligible to receive an allocation under 

18 section 505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B)); 

19 (2) agrees to begin to report timely data on 

20 part I violent crimes of the Uniform Crime Reports 

21 to the Federal Bureau of Investigation by not later 

22 than the end of such fiscal year; and 

23 (3) does so begin in accordance with such 

24 agreement. 


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1 SEC. 218. Notwithstanding any other provision of 

2 law, section 20109(a), in subtitle A of title II of the Vio3 lent Crime Control and Law Enforcement Act of 1994 (42 

4 U.S.C. 13709(a)), shall not apply to amounts made avail5 able by this Act. 

6 SEC. 219. Section 1761 of title 18, United States 

7 Code, is amended— 

8 (1) by striking ‘‘non-Federal’’ in subsection 

9 (c)(1); 

10 (2) by redesignating subsection (d) as sub11 section (e); and 

12 (3) by inserting after subsection (c) the fol13 lowing new subsection: 

14 ‘‘(d) This section shall not apply to goods, wares, or 

15 merchandise manufactured, produced, mined or assembled 

16 by convicts or prisoners who are participating in any pilot 

17 project approved by the FPI Board of Directors, which 

18 are currently, or would otherwise be, manufactured, pro19 duced, mined, or assembled outside the United States.’’. 

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

21 Appropriations Act, 2012’’. 

22 TITLE III—SCIENCE 

23 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

24 For necessary expenses of the Office of Science and 

25 Technology Policy, in carrying out the purposes of the NaVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 tional Science and Technology Policy, Organization, and 

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

3 passenger motor vehicles, and services as authorized by 

4 5 U.S.C. 3109, not to exceed $2,500 for official reception 

5 and representation expenses, and rental of conference 

6 rooms in the District of Columbia, $3,000,000. 

7 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

8 SCIENCE

9 For necessary expenses, not otherwise provided for, 

10 in the conduct and support of science research and devel11 opment activities, including research, development, oper12 ations, support, and services; maintenance and repair, fa13 cility planning and design; space flight, spacecraft control, 

14 and communications activities; program management; per15 sonnel and related costs, including uniforms or allowances 

16 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex17 penses; purchase and hire of passenger motor vehicles; and 

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

19 mission and administrative aircraft, $4,504,000,000, to 

20 remain available until September 30, 2013, of which up 

21 to $10,000,000 shall be available for a reimbursable agree22 ment with the Department of Energy for the purpose of 

23 re-establishing facilities to produce fuel required for radio24 isotope thermoelectric generators to enable future mis25 sions: Provided, That NASA shall implement the recVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 ommendations of the most recent National Research 

2 Council planetary decadal survey and shall follow the 

3 decadal survey’s recommended decision rules regarding 

4 program implementation, including a strict adherence to 

5 the recommendation that NASA include in a balanced pro6 gram a flagship class mission if such mission can be ap7 propriately de-scoped and accommodated within the over8 all funding levels appropriated by Congress. 

9 AERONAUTICS

10 For necessary expenses, not otherwise provided for, 

11 in the conduct and support of aeronautics research and 

12 development activities, including research, development, 

13 operations, support, and services; maintenance and repair, 

14 facility planning and design; space flight, spacecraft con15 trol, and communications activities; program manage16 ment; personnel and related costs, including uniforms or 

17 allowances therefor, as authorized by 5 U.S.C. 5901– 

18 5902; travel expenses; purchase and hire of passenger 

19 motor vehicles; and purchase, lease, charter, maintenance, 

20 and operation of mission and administrative aircraft, 

21 $569,930,000, to remain available until September 30, 

22 2013. 

23 SPACE TECHNOLOGY

24 For necessary expenses, not otherwise provided for, 

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1 nology development activities, including research, develop2 ment, operations, support, and services; maintenance and 

3 repair, facility planning and design; space flight, space4 craft control, and communications activities; program 

5 management; personnel and related costs, including uni6 forms or allowances therefor, as authorized by 5 U.S.C. 

7 5901–5902; travel expenses; purchase and hire of pas8 senger motor vehicles; and purchase, lease, charter, main9 tenance, and operation of mission and administrative air10 craft, $375,000,000, to remain available until September 

11 30, 2013. 

12 EXPLORATION

13 For necessary expenses, not otherwise provided for, 

14 in the conduct and support of exploration research and 

15 development activities, including research, development, 

16 operations, support, and services; maintenance and repair, 

17 facility planning and design; space flight, spacecraft con18 trol, and communications activities; program manage19 ment; personnel and related costs, including uniforms or 

20 allowances therefor, as authorized by 5 U.S.C. 5901– 

21 5902; travel expenses; purchase and hire of passenger 

22 motor vehicles; and purchase, lease, charter, maintenance, 

23 and operation of mission and administrative aircraft, 

24 $3,649,000,000, to remain available until September 30, 

25 2013: Provided, That not less than $1,063,000,000 shall 


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1 be for the multipurpose crew vehicle to continue existing 

2 vehicle development activities to meet the requirements de3 scribed in paragraph (a)(1) of section 303 of Public Law 

4 111–267, and not less than $1,985,000,000 shall be for 

5 the heavy lift launch vehicle system which shall have a lift 

6 capability not less than 130 tons and which shall have an 

7 upper stage and other core elements developed simulta8 neously. 

9 SPACE OPERATIONS

10 For necessary expenses, not otherwise provided for, 

11 in the conduct and support of space operations research 

12 and development activities, including research, develop13 ment, operations, support and services; space flight, space14 craft control and communications activities, including op15 erations, production, and services; maintenance and re16 pair, facility planning and design; program management; 

17 personnel and related costs, including uniforms or allow18 ances therefor, as authorized by 5 U.S.C. 5901–5902; 

19 travel expenses; purchase and hire of passenger motor ve20 hicles; and purchase, lease, charter, maintenance and op21 eration of mission and administrative aircraft, 

22 $4,064,000,000, to remain available until September 30, 

23 2013. 


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1 EDUCATION

2 For necessary expenses, not otherwise provided for, 

3 in carrying out aerospace and aeronautical education re4 search and development activities, including research, de5 velopment, operations, support, and services; program 

6 management; personnel and related costs, including uni7 forms or allowances therefor, as authorized by 5 U.S.C. 

8 5901–5902; travel expenses; purchase and hire of pas9 senger motor vehicles; and purchase, lease, charter, main10 tenance, and operation of mission and administrative air11 craft, $138,000,000, to remain available until September 

12 30, 2013. 

13 CROSS AGENCY SUPPORT

14 For necessary expenses, not otherwise provided for, 

15 in the conduct and support of science, aeronautics, explo16 ration, space operations and education research and devel17 opment activities, including research, development, oper18 ations, support, and services; maintenance and repair, fa19 cility planning and design; space flight, spacecraft control, 

20 and communications activities; program management; per21 sonnel and related costs, including uniforms or allowances 

22 therefor, as authorized by 5 U.S.C. 5901–5902; travel ex23 penses; purchase and hire of passenger motor vehicles; not 

24 to exceed $70,000 for official reception and representation 

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


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1 operation of mission and administrative aircraft, 

2 $3,050,000,000, to remain available until September 30, 

3 2013, of which $1,000,000 shall be transferred to ‘‘Na4 tional Aeronautics and Space Administration, Office of In5 spector General’’ and used by the Inspector General to 

6 commission a comprehensive independent assessment of 

7 NASA’s strategic direction and agency management. 

8 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

9 RESTORATION

10 For necessary expenses for construction of facilities 

11 including repair, rehabilitation, revitalization, and modi12 fication of facilities, construction of new facilities and ad13 ditions to existing facilities, facility planning and design, 

14 and restoration, and acquisition or condemnation of real 

15 property, as authorized by law, and environmental compli16 ance and restoration, $424,000,000, to remain available 

17 until September 30, 2017: Provided, That hereafter, not18 withstanding section 315 of the National Aeronautics and 

19 Space Act of 1958 (42 U.S.C. 2459j), all proceeds from 

20 leases entered into under that section shall be deposited 

21 into this account and shall be available for a period of 

22 5 years, to the extent provided in annual appropriations 

23 Acts: Provided further, That such proceeds shall be avail24 able for obligation for fiscal year 2012 in an amount not 

25 to exceed $3,960,000: Provided further, That each annual 


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1 budget request shall include an annual estimate of gross 

2 receipts and collections and proposed use of all funds col3 lected pursuant to section 315 of the National Aeronautics 

4 and Space Act of 1958 (42 U.S.C. 2459j): Provided fur5 ther, That 51 U.S.C. 20145(b)(1) is amended by inserting 

6 ‘‘(A)’’ before ‘‘A person’’ and by adding at the end thereof 

7 the following new subparagraph (B) as follows: 

8 ‘‘(B) Notwithstanding subparagraph (A), the 

9 Administrator may accept in-kind consideration for 

10 leases entered into for the purpose of developing re11 newable energy production facilities.’’. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General in carrying out the Inspector General Act of 1978, 

15 $36,327,000, of which $500,000 shall remain available 

16 until September 30, 2013. 

17 ADMINISTRATIVE PROVISIONS

18 Funds for announced prizes otherwise authorized 

19 shall remain available, without fiscal year limitation, until 

20 the prize is claimed or the offer is withdrawn. 

21 The amounts made available in this Act for each ac22 count under the heading ‘‘National Aeronautics and Space 

23 Administration’’ shall be for the programs, projects, and 

24 activities, and in the amounts, specified for such account 

25 in the table under the heading ‘‘National Aeronautics and 


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1 Space Administration’’ in the report accompanying this 

2 Act. 

3 Not to exceed 5 percent of any appropriation made 

4 available for the current fiscal year for the National Aero5 nautics and Space Administration in this Act may be 

6 transferred between such appropriations, but no such ap7 propriation, except as otherwise specifically provided, shall 

8 be increased by more than 10 percent (or, in the case of 

9 ‘‘Construction and Environmental Compliance and Res10 toration’’, 15 percent) by any such transfers. Balances so 

11 transferred shall be merged with and available for the 

12 same purposes and the same time period as the appropria13 tions to which transferred. Any transfer pursuant to this 

14 provision shall be treated as a reprogramming of funds 

15 under section 505 of this Act and shall not be available 

16 for obligation except in compliance with the procedures set 

17 forth in that section. 

18 Section 1105 of the National Aeronautics and Space 

19 Administration Authorization Act of 2010 (42 U.S.C. 

20 18431), is amended by striking ‘‘The Administrator may 

21 not’’ and all that follows through ‘‘inefficiency.’’. 

22 The unexpired balances of previous accounts, for ac23 tivities for which funds are provided under this Act, may 

24 be transferred to the new accounts established in this Act 

25 that provide such activity. Balances so transferred shall 


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1 be merged with the funds in the newly established ac2 counts, but shall be available under the same terms, condi3 tions and period of time as previously appropriated. 

4 Section 40902 of title 51, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(d) AVAILABILITY OF FUNDS.—The interest accru7 ing from the National Aeronautics and Space Administra8 tion Endeavor Teacher Fellowship Trust Fund principal 

9 shall be available in fiscal year 2012 for the purpose of 

10 the Endeavor Science Teacher Certificate Program.’’. 

11 The spending plan required by section 537 of this Act 

12 shall be provided by NASA at the theme, program, project 

13 and activity level. The spending plan, as well as any subse14 quent change of an amount established in that spending 

15 plan that meets the notification requirements of section 

16 505 of this Act, shall be treated as a reprogramming 

17 under section 505 of this Act and shall not be available 

18 for obligation or expenditure except in compliance with the 

19 procedures set forth in that section. 

20 NATIONAL SCIENCE FOUNDATION

21 RESEARCH AND RELATED ACTIVITIES

22 For necessary expenses in carrying out the National 

23 Science Foundation Act of 1950, as amended (42 U.S.C. 

24 1861–1875), and the Act to establish a National Medal 

25 of Science (42 U.S.C. 1880–1881); services as authorized 


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1 by 5 U.S.C. 3109; maintenance and operation of aircraft 

2 and purchase of flight services for research support; acqui3 sition of aircraft; and authorized travel; $5,606,964,000, 

4 to remain available until September 30, 2013, of which 

5 not to exceed $550,000,000 shall remain available until 

6 expended for polar research and operations support, and 

7 for reimbursement to other Federal agencies for oper8 ational and science support and logistical and other re9 lated activities for the United States Antarctic program: 

10 Provided, That receipts for scientific support services and 

11 materials furnished by the National Research Centers and 

12 other National Science Foundation supported research fa13 cilities may be credited to this appropriation. 

14 MAJOR RESEARCH EQUIPMENT AND FACILITIES

15 CONSTRUCTION

16 For necessary expenses for the acquisition, construc17 tion, commissioning, and upgrading of major research 

18 equipment, facilities, and other such capital assets pursu19 ant to the National Science Foundation Act of 1950, as 

20 amended (42 U.S.C. 1861–1875), including authorized 

21 travel, $100,000,000, to remain available until expended: 

22 Provided, That none of the funds may be used to reim23 burse the Judgment Fund. 


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1 EDUCATION AND HUMAN RESOURCES

2 For necessary expenses in carrying out science, math3 ematics and engineering education and human resources 

4 programs and activities pursuant to the National Science 

5 Foundation Act of 1950, as amended (42 U.S.C. 1861– 

6 1875), including services as authorized by 5 U.S.C. 3109, 

7 authorized travel, and rental of conference rooms in the 

8 District of Columbia, $835,000,000, to remain available 

9 until September 30, 2013. 

10 AGENCY OPERATIONS AND AWARD MANAGEMENT

11 For agency operations and award management nec12 essary in carrying out the National Science Foundation 

13 Act of 1950, as amended (42 U.S.C. 1861–1875); services 

14 authorized by 5 U.S.C. 3109; hire of passenger motor ve15 hicles; not to exceed $9,000 for official reception and rep16 resentation expenses; uniforms or allowances therefor, as 

17 authorized by 5 U.S.C. 5901–5902; rental of conference 

18 rooms in the District of Columbia; and reimbursement of 

19 the Department of Homeland Security for security guard 

20 services; $299,400,000: Provided, That contracts may be 

21 entered into under this heading in fiscal year 2012 for 

22 maintenance and operation of facilities and for other serv23 ices to be provided during the next fiscal year. 


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1 OFFICE OF THE NATIONAL SCIENCE BOARD

2 For necessary expenses (including payment of sala3 ries, authorized travel, hire of passenger motor vehicles, 

4 the rental of conference rooms in the District of Columbia, 

5 and the employment of experts and consultants under sec6 tion 3109 of title 5, United States Code) involved in car7 rying out section 4 of the National Science Foundation 

8 Act of 1950, as amended (42 U.S.C. 1863) and Public 

9 Law 86–209 (42 U.S.C. 1880 et seq.), $4,531,000: Pro10 vided, That not to exceed $2,500 shall be available for offi11 cial reception and representation expenses. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General as authorized by the Inspector General Act of 

15 1978, as amended, $13,972,000. 

16 ADMINISTRATIVE PROVISION

17 Not to exceed 5 percent of any appropriation made 

18 available for the current fiscal year for the National 

19 Science Foundation in this Act may be transferred be20 tween such appropriations, but no such appropriation shall 

21 be increased by more than 15 percent by any such trans22 fers. Any transfer pursuant to this section shall be treated 

23 as a reprogramming of funds under section 505 of this 

24 Act and shall not be available for obligation except in com25 pliance with the procedures set forth in that section. 


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1 This title may be cited as the ‘‘Science Appropria2 tions Act, 2012’’. 

3 TITLE IV—RELATED AGENCIES 

4 COMMISSION ON CIVIL RIGHTS

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Civil 

7 Rights, including hire of passenger motor vehicles, 

8 $8,000,000: Provided, That none of the funds appro9 priated in this paragraph shall be used to employ in excess 

10 of four full-time individuals under Schedule C of the Ex11 cepted Service exclusive of one special assistant for each 

12 Commissioner: Provided further, That none of the funds 

13 appropriated in this paragraph shall be used to reimburse 

14 Commissioners for more than 75 billable days, with the 

15 exception of the chairperson, who is permitted 125 billable 

16 days. 

17 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Equal Employment 

20 Opportunity Commission as authorized by title VII of the 

21 Civil Rights Act of 1964, the Age Discrimination in Em22 ployment Act of 1967, the Equal Pay Act of 1963, the 

23 Americans with Disabilities Act of 1990, the Civil Rights 

24 Act of 1991, the Genetic Information Non-Discrimination 

25 Act (GINA) of 2008 (Public Law 110–233), the ADA 


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1 Amendments Act of 2008 (Public Law 110–325), and the 

2 Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111– 

3 2), including services as authorized by 5 U.S.C. 3109; hire 

4 of passenger motor vehicles as authorized by 31 U.S.C. 

5 1343(b); nonmonetary awards to private citizens; and not 

6 to exceed $30,000,000 for payments to State and local en7 forcement agencies for authorized services to the Commis8 sion, $366,568,000: Provided, That the Commission is au9 thorized to make available for official reception and rep10 resentation expenses not to exceed $2,500 from available 

11 funds: Provided further, That the Chair is authorized to 

12 accept and use any gift or donation to carry out the work 

13 of the Commission. 

14 INTERNATIONAL TRADE COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the International Trade 

17 Commission, including hire of passenger motor vehicles, 

18 and services as authorized by 5 U.S.C. 3109, and not to 

19 exceed $2,500 for official reception and representation ex20 penses, $81,696,000, to remain available until expended. 

21 LEGAL SERVICES CORPORATION

22 PAYMENT TO THE LEGAL SERVICES CORPORATION

23 For payment to the Legal Services Corporation to 

24 carry out the purposes of the Legal Services Corporation 

25 Act of 1974, $300,000,000, of which $274,400,000 is for 


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1 basic field programs and required independent audits; 

2 $4,200,000 is for the Office of Inspector General, of which 

3 such amounts as may be necessary may be used to conduct 

4 additional audits of recipients; $17,000,000 is for manage5 ment and grants oversight; $3,400,000 is for client self6 help and information technology; and $1,000,000 is for 

7 loan repayment assistance: Provided, That the Legal Serv8 ices Corporation may continue to provide locality pay to 

9 officers and employees at a rate no greater than that pro10 vided by the Federal Government to Washington, DC11 based employees as authorized by 5 U.S.C. 5304, notwith12 standing section 1005(d) of the Legal Services Corpora13 tion Act, 42 U.S.C. 2996(d). 

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 2011 and 

25 2012, respectively. 


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1 MARINE MAMMAL COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Marine Mammal Com4 mission as authorized by title II of Public Law 92–522, 

5 $3,025,000. 

6 OFFICE OF THE UNITED STATES TRADE

7 REPRESENTATIVE

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of the United 

10 States Trade Representative, including the hire of pas11 senger motor vehicles and the employment of experts and 

12 consultants as authorized by 5 U.S.C. 3109, $51,251,000, 

13 of which $1,000,000 shall remain available until expended: 

14 Provided, That not to exceed $124,000 shall be available 

15 for official reception and representation expenses. 

16 STATE JUSTICE INSTITUTE

17 SALARIES AND EXPENSES

18 For necessary expenses of the State Justice Institute, 

19 as authorized by the State Justice Institute Authorization 

20 Act of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of 

21 which $500,000 shall remain available until September 30, 

22 2013: Provided, That not to exceed $2,500 shall be avail23 able for official reception and representation expenses. 


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1 TITLE V—GENERAL PROVISIONS 

2 (INCLUDING RESCISSIONS)

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall be used for publicity or propaganda purposes 

5 not authorized by the Congress. 

6 SEC. 502. No part of any appropriation contained in 

7 this Act shall remain available for obligation beyond the 

8 current fiscal year unless expressly so provided herein. 

9 SEC. 503. The expenditure of any appropriation 

10 under this Act for any consulting service through procure11 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

12 to those contracts where such expenditures are a matter 

13 of public record and available for public inspection, except 

14 where otherwise provided under existing law, or under ex15 isting Executive order issued pursuant to existing law. 

16 SEC. 504. If any provision of this Act or the applica17 tion of such provision to any person or circumstances shall 

18 be held invalid, the remainder of the Act and the applica19 tion of each provision to persons or circumstances other 

20 than those as to which it is held invalid shall not be af21 fected thereby. 

22 SEC. 505. None of the funds provided under this Act, 

23 or provided under previous appropriations Acts to the 

24 agencies funded by this Act that remain available for obli25 gation or expenditure in fiscal year 2012, or provided from 


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1 any accounts in the Treasury of the United States derived 

2 by the collection of fees available to the agencies funded 

3 by this Act, shall be available for obligation or expenditure 

4 through a reprogramming of funds that: (1) creates or ini5 tiates a new program, project or activity; (2) eliminates 

6 a program, project or activity; (3) increases funds or per7 sonnel by any means for any project or activity for which 

8 funds have been denied or restricted; (4) relocates an of9 fice or employees; (5) reorganizes or renames offices, pro10 grams or activities; (6) contracts out or privatizes any 

11 functions or activities presently performed by Federal em12 ployees; (7) augments existing programs, projects or ac13 tivities in excess of $500,000 or 10 percent, whichever is 

14 less, or reduces by 10 percent funding for any program, 

15 project or activity, or numbers of personnel by 10 percent; 

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

17 from a reduction in personnel, which would result in a 

18 change in existing programs, projects or activities as ap19 proved by Congress; unless the House and Senate Com20 mittees on Appropriations are notified 15 days in advance 

21 of such reprogramming of funds. 

22 SEC. 506. During the current fiscal year and in each 

23 fiscal year thereafter, none of the funds made available 

24 in this or any other Act may be used to implement, admin25 ister, or enforce any guidelines of the Equal Employment 


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1 Opportunity Commission covering harassment based on 

2 religion, when it is made known to the Federal entity or 

3 official to which such funds are made available that such 

4 guidelines do not differ in any respect from the proposed 

5 guidelines published by the Commission on October 1, 

6 1993 (58 Fed. Reg. 51266). 

7 SEC. 507. If it has been finally determined by a court 

8 or Federal agency that any person intentionally affixed a 

9 label bearing a ‘‘Made in America’’ inscription, or any in10 scription with the same meaning, to any product sold in 

11 or shipped to the United States that is not made in the 

12 United States, the person shall be ineligible to receive any 

13 contract or subcontract made with funds made available 

14 in this Act, pursuant to the debarment, suspension, and 

15 ineligibility procedures described in sections 9.400 through 

16 9.409 of title 48, Code of Federal Regulations. 

17 SEC. 508. (a) The Departments of Commerce and 

18 Justice, the National Science Foundation, and the Na19 tional Aeronautics and Space Administration shall provide 

20 to the Committees on Appropriations of the House of Rep21 resentatives and the Senate a quarterly report on the sta22 tus of balances of appropriations at the account level. For 

23 unobligated, uncommitted balances and unobligated, com24 mitted balances the quarterly reports shall separately 

25 identify the amounts attributable to each source year of 


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1 appropriation from which the balances were derived. For 

2 balances that are obligated, but unexpended, the quarterly 

3 reports shall separately identify amounts by the year of 

4 obligation. 

5 (b) The report described in subsection (a) shall be 

6 submitted within thirty days of the end of the first quarter 

7 of fiscal year 2012, and subsequent reports shall be sub8 mitted within thirty days of the end of each quarter there9 after. 

10 SEC. 509. Any costs incurred by a department or 

11 agency funded under this Act resulting from, or to pre12 vent, personnel actions taken in response to funding re13 ductions included in this Act shall be absorbed within the 

14 total budgetary resources available to such department or 

15 agency: Provided, That the authority to transfer funds be16 tween appropriations accounts as may be necessary to 

17 carry out this section is provided in addition to authorities 

18 included elsewhere in this Act: Provided further, That use 

19 of funds to carry out this section shall be treated as a 

20 reprogramming of funds under section 505 of this Act and 

21 shall not be available for obligation or expenditure except 

22 in compliance with the procedures set forth in that section. 

23 SEC. 510. None of the funds provided by this Act 

24 shall be available to promote the sale or export of tobacco 

25 or tobacco products, or to seek the reduction or removal 


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1 by any foreign country of restrictions on the marketing 

2 of tobacco or tobacco products, except for restrictions 

3 which are not applied equally to all tobacco or tobacco 

4 products of the same type. 

5 SEC. 511. Hereafter, none of the funds appropriated 

6 pursuant to this Act or any other provision of law may 

7 be used for— 

8 (1) the implementation of any tax or fee in con9 nection with the implementation of section 922(t) of 

10 title 18, United States Code; or 

11 (2) any system to implement section 922(t) of 

12 title 18, United States Code, that does not require 

13 and result in the destruction of any identifying in14 formation submitted by or on behalf of any person 

15 who has been determined not to be prohibited from 

16 possessing or receiving a firearm no more than 24 

17 hours after the system advises a Federal firearms li18 censee that possession or receipt of a firearm by the 

19 prospective transferee would not violate subsection 

20 (g) or (n) of section 922 of title 18, United States 

21 Code, or State law. 

22 SEC. 512. None of the funds made available in this 

23 Act may be used to pay the salaries and expenses of per24 sonnel of the Department of Justice to obligate more than 

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1 tablished by section 1402 of chapter XIV of title II of 

2 Public Law 98–473 (42 U.S.C. 10601). 

3 SEC. 513. None of the funds made available to the 

4 Department of Justice in this Act may be used to discrimi5 nate against or denigrate the religious or moral beliefs of 

6 students who participate in programs for which financial 

7 assistance is provided from those funds, or of the parents 

8 or legal guardians of such students. 

9 SEC. 514. None of the funds made available in this 

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except 

12 pursuant to a transfer made by, or transfer authority pro13 vided in, this Act or any other appropriations Act. 

14 SEC. 515. Any funds provided in this Act used to im15 plement E–Government Initiatives shall be subject to the 

16 procedures set forth in section 505 of this Act. 

17 SEC. 516. (a) Tracing studies conducted by the Bu18 reau of Alcohol, Tobacco, Firearms and Explosives are re19 leased without adequate disclaimers regarding the limita20 tions of the data. 

21 (b) For fiscal year 2012 and thereafter, the Bureau 

22 of Alcohol, Tobacco, Firearms and Explosives shall include 

23 in all such data releases, language similar to the following 

24 that would make clear that trace data cannot be used to 

25 draw broad conclusions about firearms-related crime: 


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1 (1) Firearm traces are designed to assist law 

2 enforcement authorities in conducting investigations 

3 by tracking the sale and possession of specific fire4 arms. Law enforcement agencies may request fire5 arms traces for any reason, and those reasons are 

6 not necessarily reported to the Federal Government. 

7 Not all firearms used in crime are traced and not all 

8 firearms traced are used in crime. 

9 (2) Firearms selected for tracing are not chosen 

10 for purposes of determining which types, makes, or 

11 models of firearms are used for illicit purposes. The 

12 firearms selected do not constitute a random sample 

13 and should not be considered representative of the 

14 larger universe of all firearms used by criminals, or 

15 any subset of that universe. Firearms are normally 

16 traced to the first retail seller, and sources reported 

17 for firearms traced do not necessarily represent the 

18 sources or methods by which firearms in general are 

19 acquired for use in crime. 

20 SEC. 517. (a) The Inspectors General of the Depart21 ment of Commerce, the Department of Justice, the Na22 tional Aeronautics and Space Administration, the Na23 tional Science Foundation, and the Legal Services Cor24 poration shall conduct audits, pursuant to the Inspector 

25 General Act (5 U.S.C. App.), of grants or contracts for 


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1 which funds are appropriated by this Act, and shall submit 

2 reports to Congress on the progress of such audits, which 

3 may include preliminary findings and a description of 

4 areas of particular interest, within 180 days after initi5 ating such an audit and every 180 days thereafter until 

6 any such audit is completed. 

7 (b) Within 60 days after the date on which an audit 

8 described in subsection (a) by an Inspector General is 

9 completed, the Secretary, Attorney General, Adminis10 trator, Director, or President, as appropriate, shall make 

11 the results of the audit available to the public on the Inter12 net website maintained by the Department, Administra13 tion, Foundation, or Corporation, respectively. The results 

14 shall be made available in redacted form to exclude— 

15 (1) any matter described in section 552(b) of 

16 title 5, United States Code; and 

17 (2) sensitive personal information for any indi18 vidual, the public access to which could be used to 

19 commit identity theft or for other inappropriate or 

20 unlawful purposes. 

21 (c) A grant or contract funded by amounts appro22 priated by this Act may not be used for the purpose of 

23 defraying the costs of a banquet or conference that is not 

24 directly and programmatically related to the purpose for 

25 which the grant or contract was awarded, such as a banVerDate Mar 15 2010 21:31 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H2596.RH H2596

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1 quet or conference held in connection with planning, train2 ing, assessment, review, or other routine purposes related 

3 to a project funded by the grant or contract. 

4 (d) Any person awarded a grant or contract funded 

5 by amounts appropriated by this Act shall submit a state6 ment to the Secretary of Commerce, the Attorney General, 

7 the Administrator, Director, or President, as appropriate, 

8 certifying that no funds derived from the grant or contract 

9 will be made available through a subcontract or in any 

10 other manner to another person who has a financial inter11 est in the person awarded the grant or contract. 

12 (e) The provisions of the preceding subsections of this 

13 section shall take effect 30 days after the date on which 

14 the Director of the Office of Management and Budget, in 

15 consultation with the Director of the Office of Government 

16 Ethics, determines that a uniform set of rules and require17 ments, substantially similar to the requirements in such 

18 subsections, consistently apply under the executive branch 

19 ethics program to all Federal departments, agencies, and 

20 entities. 

21 SEC. 518. None of the funds appropriated or other22 wise made available under this Act may be used to issue 

23 patents on claims directed to or encompassing a human 

24 organism. 


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1 SEC. 519. None of the funds made available in this 

2 Act shall be used in any way whatsoever to support or 

3 justify the use of torture by any official or contract em4 ployee of the United States Government. 

5 SEC. 520. (a) Notwithstanding any other provision 

6 of law or treaty, hereafter, none of the funds appropriated 

7 or otherwise made available under this Act or any other 

8 Act may be expended or obligated by a department, agen9 cy, or instrumentality of the United States to pay adminis10 trative expenses or to compensate an officer or employee 

11 of the United States in connection with requiring an ex12 port license for the export to Canada of components, 

13 parts, accessories or attachments for firearms listed in 

14 Category I, section 121.1 of title 22, Code of Federal Reg15 ulations (International Trafficking in Arms Regulations 

16 (ITAR), part 121, as it existed on April 1, 2005) with 

17 a total value not exceeding $500 wholesale in any trans18 action, provided that the conditions of subsection (b) of 

19 this section are met by the exporting party for such arti20 cles. 

21 (b) The foregoing exemption from obtaining an ex22 port license— 

23 (1) does not exempt an exporter from filing any 

24 Shipper’s Export Declaration or notification letter 

25 required by law, or from being otherwise eligible 


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1 under the laws of the United States to possess, ship, 

2 transport, or export the articles enumerated in sub3 section (a); and 

4 (2) does not permit the export without a license 

5 of— 

6 (A) fully automatic firearms and compo7 nents and parts for such firearms, other than 

8 for end use by the Federal Government, or a 

9 Provincial or Municipal Government of Canada; 

10 (B) barrels, cylinders, receivers (frames) or 

11 complete breech mechanisms for any firearm 

12 listed in Category I, other than for end use by 

13 the Federal Government, or a Provincial or Mu14 nicipal Government of Canada; or 

15 (C) articles for export from Canada to an16 other foreign destination. 

17 (c) In accordance with this section, the District Di18 rectors of Customs and postmasters shall permit the per19 manent or temporary export without a license of any un20 classified articles specified in subsection (a) to Canada for 

21 end use in Canada or return to the United States, or tem22 porary import of Canadian-origin items from Canada for 

23 end use in the United States or return to Canada for a 

24 Canadian citizen. 


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1 (d) The President may require export licenses under 

2 this section on a temporary basis if the President deter3 mines, upon publication first in the Federal Register, that 

4 the Government of Canada has implemented or main5 tained inadequate import controls for the articles specified 

6 in subsection (a), such that a significant diversion of such 

7 articles has and continues to take place for use in inter8 national terrorism or in the escalation of a conflict in an9 other nation. The President shall terminate the require10 ments of a license when reasons for the temporary require11 ments have ceased. 

12 SEC. 521. Notwithstanding any other provision of 

13 law, hereafter, no department, agency, or instrumentality 

14 of the United States receiving appropriated funds under 

15 this Act or any other Act shall obligate or expend in any 

16 way such funds to pay administrative expenses or the com17 pensation of any officer or employee of the United States 

18 to deny any application submitted pursuant to 22 U.S.C. 

19 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

20 478.112 or .113, for a permit to import United States ori21 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 

22 SEC. 522. None of the funds made available in this 

23 Act may be used to include in any new bilateral or multi24 lateral trade agreement the text of— 


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1 (1) paragraph 2 of article 16.7 of the United 

2 States-Singapore Free Trade Agreement; 

3 (2) paragraph 4 of article 17.9 of the United 

4 States-Australia Free Trade Agreement; or 

5 (3) paragraph 4 of article 15.9 of the United 

6 States-Morocco Free Trade Agreement. 

7 SEC. 523. None of the funds made available in this 

8 Act may be used to authorize or issue a national security 

9 letter in contravention of any of the following laws author10 izing the Federal Bureau of Investigation to issue national 

11 security letters: The Right to Financial Privacy Act; The 

12 Electronic Communications Privacy Act; The Fair Credit 

13 Reporting Act; The National Security Act of 1947; USA 

14 PATRIOT Act; and the laws amended by these Acts. 

15 SEC. 524. If at any time during any quarter, the pro16 gram manager of a project within the jurisdiction of the 

17 Departments of Commerce or Justice, the National Aero18 nautics and Space Administration, or the National Science 

19 Foundation totaling more than $75,000,000 has reason20 able cause to believe that the total program cost has in21 creased by 10 percent, the program manager shall imme22 diately inform the respective Secretary, Administrator, or 

23 Director. The Secretary, Administrator, or Director shall 

24 notify the House and Senate Committees on Appropria25 tions within 30 days in writing of such increase, and shall 


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1 include in such notice: the date on which such determina2 tion was made; a statement of the reasons for such in3 creases; the action taken and proposed to be taken to con4 trol future cost growth of the project; changes made in 

5 the performance or schedule milestones and the degree to 

6 which such changes have contributed to the increase in 

7 total program costs or procurement costs; new estimates 

8 of the total project or procurement costs; and a statement 

9 validating that the project’s management structure is ade10 quate to control total project or procurement costs. 

11 SEC. 525. Funds appropriated by this Act, or made 

12 available by the transfer of funds in this Act, for intel13 ligence or intelligence related activities are deemed to be 

14 specifically authorized by the Congress for purposes of sec15 tion 504 of the National Security Act of 1947 (50 U.S.C. 

16 414) during fiscal year 2012 until the enactment of the 

17 Intelligence Authorization Act for fiscal year 2012. 

18 SEC. 526. The Departments, agencies, and commis19 sions funded under this Act, shall establish and maintain 

20 on the homepages of their Internet websites— 

21 (1) a direct link to the Internet websites of 

22 their Offices of Inspectors General; and 

23 (2) a mechanism on the Offices of Inspectors 

24 General website by which individuals may anony25 mously report cases of waste, fraud, or abuse with 


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1 respect to those Departments, agencies, and commis2 sions. 

3 SEC. 527. None of the funds appropriated or other4 wise made available by this Act may be used to enter into 

5 a contract in an amount greater than $5,000,000 or to 

6 award a grant in excess of such amount unless the pro7 spective contractor or grantee certifies in writing to the 

8 agency awarding the contract or grant that, to the best 

9 of its knowledge and belief, the contractor or grantee has 

10 filed all Federal tax returns required during the three 

11 years preceding the certification, has not been convicted 

12 of a criminal offense under the Internal Revenue Code of 

13 1986, and has not, more than 90 days prior to certifi14 cation, been notified of any unpaid Federal tax assessment 

15 for which the liability remains unsatisfied, unless the as16 sessment is the subject of an installment agreement or 

17 offer in compromise that has been approved by the Inter18 nal Revenue Service and is not in default, or the assess19 ment is the subject of a non-frivolous administrative or 

20 judicial proceeding. 

21 (RESCISSIONS)

22 SEC. 528. (a) Of the unobligated balances available 

23 to the Department of Commerce, the following funds are 

24 hereby rescinded, not later than September 30, 2012, from 

25 the following accounts in the specified amounts— 


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1 (1) ‘‘National Telecommunications and Infor2 mation Administration, Information Infrastructure 

3 Grants’’, $2,000,000; 

4 (2) ‘‘National Telecommunications and Infor5 mation Administration, Public Telecommunications 

6 Facilities, Planning and Construction’’, $2,750,000; 

7 and 

8 (3) ‘‘National Oceanic and Atmospheric Admin9 istration, Foreign Fishing Observer Fund’’, 

10 $350,000. 

11 (b) Of the amounts made available under section 

12 3010 of the Deficit Reduction Act of 2005 (47 U.S.C. 309 

13 note), $4,300,000 in unobligated balances is hereby re14 scinded. 

15 (c) Of the unobligated balances available to the De16 partment of Justice from prior appropriations, the fol17 lowing funds are hereby rescinded, not later than Sep18 tember 30, 2012, from the following accounts in the speci19 fied amounts— 

20 (1) ‘‘Working Capital Fund’’, $40,500,000; 

21 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

22 $675,500,000; 

23 (3) ‘‘United States Marshals Service, Salaries 

24 and Expenses’’, $7,200,000; 


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1 (4) ‘‘Federal Bureau of Investigation, Construc2 tion’’, $93,000,000; 

3 (5) ‘‘Drug Enforcement Administration, Sala4 ries and Expenses’’, $30,000,000; 

5 (6) ‘‘Federal Prison System, Buildings and Fa6 cilities’’, $110,000,000; 

7 (7) ‘‘State and Local Law Enforcement Activi8 ties, Office on Violence Against Women, Violence 

9 Against Women Prevention and Prosecution Pro10 grams’’, $5,000,000; 

11 (8) ‘‘State and Local Law Enforcement Activi12 ties, Office of Justice Programs’’, $42,600,000; and 

13 (9) ‘‘State and Local Law Enforcement Activi14 ties, Community Oriented Policing Services’’, 

15 $10,200,000. 

16 (d) Within 30 days of enactment of this Act, the De17 partment of Justice shall submit to the Committees on 

18 Appropriations of the House of Representatives and the 

19 Senate a report specifying the amount of each rescission 

20 made pursuant to subsection (c). 

21 (e) Of the unobligated balances available to the Na22 tional Aeronautics and Space Administration from prior 

23 appropriations, $30,000,000 is hereby rescinded. 

24 (f) The rescissions contained in subsection (c) shall 

25 not apply to funds provided in this Act. 


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1 SEC. 529. 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. 530. 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, unless such conference is a law enforce10 ment training or operational conference for law enforce11 ment personnel and the majority of Federal employees in 

12 attendance are law enforcement personnel stationed out13 side the United States. 

14 SEC. 531. None of the funds appropriated or other15 wise made available in this or any other Act may be used 

16 to transfer, release, or assist in the transfer or release to 

17 or within the United States, its territories, or possessions 

18 Khalid Sheikh Mohammed or any other detainee who— 

19 (1) is not a United States citizen or a member 

20 of the Armed Forces of the United States; and 

21 (2) is or was held on or after June 24, 2009, 

22 at the United States Naval Station, Guantanamo 

23 Bay, Cuba, by the Department of Defense. 

24 SEC. 532. (a) None of the funds appropriated or oth25 erwise made available in this or any other Act may be used 


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1 to construct, acquire, or modify any facility in the United 

2 States, its territories, or possessions to house any indi3 vidual described in subsection (c) for the purposes of de4 tention or imprisonment in the custody or under the effec5 tive control of the Department of Defense. 

6 (b) The prohibition in subsection (a) shall not apply 

7 to any modification of facilities at United States Naval 

8 Station, Guantanamo Bay, Cuba. 

9 (c) An individual described in this subsection is any 

10 individual who, as of June 24, 2009, is located at United 

11 States Naval Station, Guantanamo Bay, Cuba, and who— 

12 (1) is not a citizen of the United States or a 

13 member of the Armed Forces of the United States; 

14 and 

15 (2) is— 

16 (A) in the custody or under the effective 

17 control of the Department of Defense; or 

18 (B) otherwise under detention at United 

19 States Naval Station, Guantanamo Bay, Cuba. 

20 SEC. 533. None of the funds made available under 

21 this Act may be distributed to the Association of Commu22 nity Organizations for Reform Now (ACORN) or its sub23 sidiaries. 

24 SEC. 534. To the extent practicable, funds made 

25 available in this Act should be used to purchase light bulbs 


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1 that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En2 ergy Management Program’’ designation. 

3 SEC. 535. The Director of the Office of Management 

4 and Budget shall instruct any department, agency, or in5 strumentality of the United States Government receiving 

6 funds appropriated under this Act to track undisbursed 

7 balances in expired grant accounts and include in its an8 nual performance plan and performance and account9 ability reports the following: 

10 (1) Details on future action the department, 

11 agency, or instrumentality will take to resolve 

12 undisbursed balances in expired grant accounts. 

13 (2) The method that the department, agency, or 

14 instrumentality uses to track undisbursed balances 

15 in expired grant accounts. 

16 (3) Identification of undisbursed balances in ex17 pired grant accounts that may be returned to the 

18 Treasury of the United States. 

19 (4) In the preceding 3 fiscal years, details on 

20 the total number of expired grant accounts with 

21 undisbursed balances (on the first day of each fiscal 

22 year) for the department, agency, or instrumentality 

23 and the total finances that have not been obligated 

24 to a specific project remaining in the accounts. 


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1 SEC. 536. None of the funds made available in this 

2 Act may be used to relocate the Bureau of the Census 

3 or employees from the Department of Commerce to the 

4 jurisdiction of the Executive Office of the President. 

5 SEC. 537. The Departments of Commerce and Jus6 tice, the National Aeronautics and Space Administration, 

7 and the National Science Foundation shall submit spend8 ing plans, signed by the respective department or agency 

9 head, to the Committees on Appropriations of the House 

10 of Representatives and the Senate within 60 days after 

11 the date of enactment of this Act. 

12 SEC. 538. (a) None of the funds made available by 

13 this Act may be used for the National Aeronautics and 

14 Space Administration or the Office of Science and Tech15 nology Policy to develop, design, plan, promulgate, imple16 ment, or execute a bilateral policy, program, order, or con17 tract of any kind to participate, collaborate, or coordinate 

18 bilaterally in any way with China or any Chinese-owned 

19 company unless such activities are specifically authorized 

20 by a law enacted after the date of enactment of this Act. 

21 (b) The limitation in subsection (a) shall also apply 

22 to any funds used to effectuate the hosting of official Chi23 nese visitors at facilities belonging to or utilized by the 

24 National Aeronautics and Space Administration. 


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1 SEC. 539. None of the funds made available by this 

2 Act may be used to pay the salaries or expenses of per3 sonnel to deny, or fail to act on, an application for the 

4 importation of any model of shotgun if— 

5 (1) all other requirements of law with respect to 

6 the proposed importation are met; and 

7 (2) no application for the importation of such 

8 model of shotgun, in the same configuration, had 

9 been denied by the Attorney General prior to Janu10 ary 1, 2011, on the basis that the shotgun was not 

11 particularly suitable for or readily adaptable to 

12 sporting purposes. 

13 SEC. 540. None of the funds made available by this 

14 Act may be used to enter into a contract, memorandum 

15 of understanding, or cooperative agreement with, make a 

16 grant to, or provide a loan or loan guarantee to, any cor17 poration that was convicted of a felony criminal violation 

18 under any Federal law within the preceding 24 months. 

19 SEC. 541. None of the funds made available by this 

20 Act may be used to enter into a contract, memorandum 

21 of understanding, or cooperative agreement with, make a 

22 grant to, or provide a loan or loan guarantee to, any cor23 poration that has any unpaid Federal tax liability that has 

24 been assessed, for which all judicial and administrative 

25 remedies have been exhausted or have lapsed, and that 


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1 is not being paid in a timely manner pursuant to an agree2 ment with the authority responsible for collecting the tax 

3 liability. 

4 SEC. 542. None of the funds made available by this 

5 Act may be used to require a person licensed under section 

6 923 of title 18, United States Code, to report information 

7 to the Department of Justice regarding the sale of mul8 tiple rifles or shotguns to the same person. 

9 (RESCISSIONS)

10 SEC. 543. (a) There is hereby rescinded an amount 

11 equal to 0.1 percent of— 

12 (1) the budget authority provided by this Act 

13 for fiscal year 2012 for any discretionary account of 

14 this Act; and 

15 (2) the budget authority provided in any ad16 vance appropriation for fiscal year 2012 for any dis17 cretionary account in any prior year Commerce, Jus18 tice, Science, and Related Agencies Appropriation 

19 Act. 

20 (b) Any rescission made by subsection (a) shall be 

21 applied proportionately— 

22 (1) to each discretionary account and each item 

23 of budget authority described in such subsection; 

24 and 


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1 (2) within each such account and item, to each 

2 program, project, and activity (with programs, 

3 projects, and activities as delineated in this Act or 

4 the accompanying joint statement of managers cov5 ering such account or item). 

6 (c) This section shall not apply to the budget author7 ity provided by this Act for ‘‘National Oceanic and Atmos8 pheric Administration—Operations, Research, and Facili9 ties’’. 

10 (d) Within 30 days after the date of the enactment 

11 of this section, the Director of the Office of Management 

12 and Budget shall submit to the Committees on Appropria13 tions of the House of Representatives and the Senate a 

14 report specifying the account and amount of each rescis15 sion made pursuant to this section. 

16 SPENDING REDUCTION ACCOUNT

17 SEC. 544. The amount by which the applicable alloca18 tion of new budget authority made by the Committee on 

19 Appropriations of the House of Representatives under sec20 tion 302(b) of the Congressional Budget Act of 1974 ex21 ceeds the amount of proposed new budget authority is 

22 $8,000,000. 

23 This Act may be cited as the ‘‘Commerce, Justice, 

24 Science, and Related Agencies Appropriations Act, 2012’’. 


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Union Calendar No. 113 

112TH CONGRESS 

1ST SESSION H. R. 2596 

[Report No. 112–169] 

A BILL 

Making appropriations for Departments of Com2012, and for other purposes. Agencies for the fiscal year ending September 30, merce and Justice, and Science, and Related 

JULY 20, 2011 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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