U.S. Congress - Text of S.3636 as Placed on Calendar Senate Commerce, Justice, Science, and Related Agencies Appropriations Act, 2011
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Donate NowS.3636 - Commerce, Justice, Science, and Related Agencies Appropriations Act, 2011
An original bill making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2011, and for other purposes.
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S 3636 PCSCommentsClose CommentsPermalink
Calendar No. 479CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3636CommentsClose CommentsPermalink
[Report No. 111-229]CommentsClose CommentsPermalink
Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2011, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 22, 2010CommentsClose CommentsPermalink
July 22, 2010CommentsClose CommentsPermalink
Ms. MIKULSKI, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2011, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2011, and for other purposes, namely:CommentsClose CommentsPermalink
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, and for trade adjustment assistance, $240,000,000, to remain available until expended.CommentsClose CommentsPermalink
salaries and expenses
For necessary expenses of administering the economic development assistance programs as provided for by law, $40,181,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought Relief Act of 1977.CommentsClose CommentsPermalink
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $32,316,000.CommentsClose CommentsPermalink
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $110,000,000, to remain available until September 30, 2012.CommentsClose CommentsPermalink
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $280,364,000.CommentsClose CommentsPermalink
periodic censuses and programs
For necessary expenses to collect and publish statistics for periodic censuses and programs provided for by law, $964,059,000, to remain available until September 30, 2012: Provided, That from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further, That $2,000,000 shall be transferred to the Office of Inspector General for activities associated with carrying out investigations and audits under heading.CommentsClose CommentsPermalink
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $21,825,000, to remain available until September 30, 2012: Provided, That, notwithstanding
public telecommunications facilities, planning and construction
For the administration of prior-year grants, authorized by section 392 of the Communications Act of 1934, $20,000,000, to remain available until expended as authorized by section 391 of the Act: Provided, That not to exceed $2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That, notwithstanding the provisions of section 391 of the Act, the prior-year unobligated balances may be made available for grants for projects for which applications have been submitted and approved during any fiscal year.CommentsClose CommentsPermalink
broadband technology opportunities program
administrative expenses
For the administration of grants authorized by section 6001 of the American Recovery and Reinvestment Act of 2009 and section 106 of the Broadband Data Improvement Act and for the development and maintenance of the national broadband map authorized by section 6001 of the American Recovery and Reinvestment Act of 2009, $16,000,000, to remain available until expended: Provided, That $1,000,000 shall be transferred to the Office of Inspector General for activities associated with carrying out investigations and audits under this heading.CommentsClose CommentsPermalink
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, $2,321,724,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections assessed and collected pursuant to
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and Technology, $584,500,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the ‘Working Capital Fund’: Provided, That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That within the amounts appropriated, $5,275,000 shall be used for the projects, and in the amounts, specified in the report accompanying this Act.CommentsClose CommentsPermalink
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $129,700,000, to remain available until expended.CommentsClose CommentsPermalink
In addition, for necessary expenses of the Technology Innovation Program of the National Institute of Standards and Technology, $69,900,000, to remain available until expended.CommentsClose CommentsPermalink
construction of research facilities
For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by
National Oceanic and Atmospheric Administration
operations, research, and facilities
(INCLUDING transfers of funds)
For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,384,301,000, to remain available until September 30, 2012, except for funds provided for cooperative enforcement, which shall remain available until September 30, 2013: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding
In addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents Medical Care Act (
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $2,084,963,000, to remain available until September 30, 2013, except funds provided for construction of facilities which shall remain available until expended: Provided, That of the $2,091,963,000 provided for in direct obligations under this heading, $2,084,963,000 is appropriated from the general fund and $7,000,000 is provided from recoveries of prior-year obligations: Provided further, That except to the extent expressly prohibited by any other law, the Department of Defense may delegate procurement functions related to the National Polar-orbiting Operational Environmental Satellite System to officials of the Department of Commerce pursuant to
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific salmon populations, $80,000,000, to remain available until September 30, 2012: Provided, That of the funds provided herein the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and federally recognized tribes of the Columbia River and Pacific Coast (including Alaska) for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or identified by a State as at-risk to be so-listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.CommentsClose CommentsPermalink
fishermen’s contingency fund
For carrying out the provisions of title IV of
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone Management Act of 1972 (
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2011, obligations of direct loans may not exceed $12,000,000 for Individual Fishing Quota loans and not to exceed $59,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936: Provided, That none of the funds made available under this heading may be used for direct loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery.CommentsClose CommentsPermalink
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the Department of Commerce provided for by law, including not to exceed $5,000 for official reception and representation, $65,248,000.CommentsClose CommentsPermalink
herbert c. hoover building renovation and modernization
For expenses necessary, including blast windows, for the renovation and modernization of the Herbert C. Hoover Building, $17,487,000, to remain available until expended.CommentsClose CommentsPermalink
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.) (as amended), $30,394,000.CommentsClose CommentsPermalink
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by
Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce: Provided further, That for the National Oceanic and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and Atmospheric Administration and such appropriations may not be transferred and reprogrammed to other Department of Commerce bureaus and appropriation accounts.CommentsClose CommentsPermalink
Sec. 104. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Sec. 105. The requirements set forth by section 112 of division B of
Sec. 106. Notwithstanding any other law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms or organizations are authorized pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949, as amended, on a reimbursable or nonreimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.CommentsClose CommentsPermalink
Sec. 107. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks.CommentsClose CommentsPermalink
Sec. 108. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory or possession, or of any political subdivision thereof, or of any foreign government or international organization for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
Sec. 109. For an additional amount for the ‘Operations, Research, and Facilities’, National Oceanic and Atmospheric Administration account, $1,908,000, and for an additional amount for the ‘Salaries and Expenses’, Departmental Management account, $1,377,000, and for an additional amount for the ‘Periodic Censuses and Programs’, Bureau of the Census account, $256,000, to increase the Department’s acquisition workforce capacity and capabilities: Provided, That such funds shall be available only to supplement and not to supplant existing acquisition workforce activities: Provided further, That such funds shall be available for training, recruitment, retention, and hiring additional members of the acquisition workforce as defined by the Office of Federal Procurement Policy Act, as amended (
united states participating territories
Sec. 110. (a) The Secretary of State shall ensure participation in the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (‘Commission’) and its subsidiary bodies by American Samoa, Guam, and the Northern Mariana Islands (collectively, the U.S. Participating Territories) to the same extent provided to the territories of other nations.CommentsClose CommentsPermalink
(b) The U.S. Participating Territories are each authorized to use, assign, allocate, and manage catch limits of highly migratory fish stocks, or fishing effort limits, agreed to by the Commission for the participating territories of the Convention, through arrangements with U.S. vessels with permits issued under the Pelagic Fishery Management Plan of the Western Pacific Region. Vessels under such arrangements are integral to the domestic fisheries of the U.S. Participating Territories, provided that such arrangements are funded by deposits to the Western Pacific Sustainable Fisheries Fund in support of fisheries development projects identified in a Territory’s Marine Conservation Plan and adopted pursuant to section 204 of the Magnuson Stevens Fisheries Conservation and Management Act (16 U.S.C. Sec. 1824). The Secretary of Commerce shall attribute catches made by vessels operating under such arrangements to the U.S. Participating Territories for the purposes of annual reporting to the Commission.CommentsClose CommentsPermalink
(c) The Western Pacific Regional Fisheries Management Council is authorized to accept and deposit funding for arrangements pursuant to subsection (b) to the Western Pacific Sustainable Fisheries Fund in support of a Territory’s Marine Conservation Plan adopted pursuant to section 204 of the Magnuson Stevens Fisheries Conservation and Management Act (16 U.S.C. Sec. 1824), and shall recommend an amendment and associated regulations to the Pelagics Fishery Management Plan for the Western Pacific Region to implement the provisions of this section.CommentsClose CommentsPermalink
(d) Paragraph (b) of this section shall remain in effect until such time as the Western Pacific Regional Fishery Management Council recommends an amendment to the Pelagics Fishery Management Plan for the Western Pacific Region, and implementing regulations to the Secretary, to authorize use, assignment, allocation and management of catch limits of highly migratory fish stocks, or fishing effort limits, established by the Commission and applicable to U.S. Participating Territories, and until the Secretary of Commerce approves the amendment as recommended and implementing regulations become effective.CommentsClose CommentsPermalink
This title may be cited as the ‘Department of Commerce Appropriations Act, 2011’.CommentsClose CommentsPermalink
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of Justice, $149,565,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended: Provided, That the Attorney General is authorized to transfer funds appropriated within General Administration to any office in this account: Provided further, That $37,000,000 is for Department Leadership; $9,403,000 is for Intergovernmental Relations/External Affairs; $13,477,000 is for Executive Support/Professional Responsibility; $87,985,000 is for the Justice Management Division, and $1,700,000 shall be for the activities of the Commission authorized by section 540 of this Act: Provided further, That any change in amounts specified in the preceding proviso greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations consistent with the terms of section 505 of this Act: Provided further, That this transfer authority is in addition to transfers authorized under section 505 of this Act.CommentsClose CommentsPermalink
national drug intelligence center
For necessary expenses of the National Drug Intelligence Center, including reimbursement of Air Force personnel for the National Drug Intelligence Center to support the Department of Defense’s counter-drug intelligence responsibilities, $44,580,000: Provided, That the National Drug Intelligence Center shall maintain the personnel and technical resources to provide timely support to law enforcement authorities and the intelligence community by conducting document and computer exploitation of materials collected in Federal, State, and local law enforcement activity associated with counter-drug, counterterrorism, and national security investigations and operations.CommentsClose CommentsPermalink
justice information-sharing technology
For necessary expenses for information-sharing technology, including planning, development, deployment and departmental direction, $165,000,000, to remain available until expended, of which not less than $42,132,000 is for the Unified Financial Management System.CommentsClose CommentsPermalink
law enforcement wireless communications
For the costs of developing and implementing a nation-wide Integrated Wireless Network supporting Federal law enforcement communications, and for the costs of operations and maintenance of existing Land Mobile Radio legacy systems, $207,727,000, to remain available until expended: Provided, That the Attorney General shall transfer to this account all funds made available to the Department of Justice for the purchase of portable and mobile radios: Provided further, That any transfer made under the preceding proviso shall be subject to section 505 of this Act.CommentsClose CommentsPermalink
Administrative Review and Appeals
For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $319,420,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the ‘Immigration Examinations Fee’ account.CommentsClose CommentsPermalink
Detention Trustee
For necessary expenses of the Federal Detention Trustee, $1,533,863,000, to remain available until expended: Provided, That the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That not to exceed $20,000,000 shall be considered ‘funds appropriated for State and local law enforcement assistance’ pursuant to
Office of the Inspector General
For necessary expenses of the Office of the Inspector General, $89,792,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character.CommentsClose CommentsPermalink
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as authorized, $13,582,000.CommentsClose CommentsPermalink
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $963,389,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $7,500 shall be available to the United States National Central Bureau, INTERPOL, for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to ‘Salaries and Expenses, General Legal Activities’ from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to reimburse the Office of Personnel Management for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (
In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.CommentsClose CommentsPermalink
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred laws, $167,028,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,036,269,000: Provided, That of the total amount appropriated, not to exceed $6,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $25,000,000 shall remain available until expended: Provided further, That of the amount provided under this heading, not less than $38,460,000 shall be used for salaries and expenses for assistant U.S. Attorneys to carry out section 704 of the Adam Walsh Child Protection and Safety Act of 2006 (
united states trustee system fund
For necessary expenses of the United States Trustee Program, as authorized, $236,435,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided, That notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $231,435,000 of offsetting collections pursuant to
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended: Provided, That not to exceed $10,000,000 may be made available for construction of buildings for protected witness safesites: Provided further, That not to exceed $3,000,000 may be made available for the purchase and maintenance of armored and other vehicles for witness security caravans: Provided further, That not to exceed $11,000,000 may be made available for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses.CommentsClose CommentsPermalink
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service, $12,606,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
assets forfeiture fund
For expenses authorized by
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service, $1,190,534,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $10,000,000 shall remain available until expended for information technology systems.CommentsClose CommentsPermalink
construction
For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $26,625,000, to remain available until expended; of which not less than $12,625,000 shall be available for the costs of courthouse security equipment, including furnishings, relocations, and telephone systems and cabling.CommentsClose CommentsPermalink
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National Security Division, $99,537,000; of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $574,319,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation.CommentsClose CommentsPermalink
FEDERAL BUREAU OF INVESTIGATION
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $8,083,475,000, of which not to exceed $150,000,000 shall remain available until expended: Provided, That not to exceed $153,750 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink
construction
For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of federally owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $181,202,000, to remain available until expended.CommentsClose CommentsPermalink
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to
construction
For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings; and operation and maintenance of secure work environment facilities and secure networking capabilities; $41,941,000, to remain available until expended.CommentsClose CommentsPermalink
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, not to exceed $30,000 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,162,986,000, of which not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 591, of which 559 are for replacement only) and hire of law enforcement and passenger motor vehicles, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,533,779,000: Provided, That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $4,500 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2012: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980 (
buildings and facilities
For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $269,733,000, to remain available until expended, of which $105,000,000 shall be derived from available unobligated balances previously appropriated under this heading, and of which not less than $74,210,000 shall be available only for modernization, maintenance and repair, and of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation.CommentsClose CommentsPermalink
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by
limitation on administrative expenses, federal prison industries, incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated shall be available for its administrative expenses, and for services as authorized by
State and Local Law Enforcement Assistance
Office on Violence Against Women
salaries and expenses
For necessary expenses, not elsewhere specified in this title, for management and administration of programs within the Office on Violence Against Women, $20,000,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the foregoing, the Attorney General may transfer such amounts to ‘Salaries and Expenses’ from available appropriations for the current fiscal year for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) $207,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act;CommentsClose CommentsPermalink
(2) $40,000,000 is for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the 1994 Act;CommentsClose CommentsPermalink
(3) $2,000,000 is for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women;CommentsClose CommentsPermalink
(4) $50,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act;CommentsClose CommentsPermalink
(5) $25,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act;CommentsClose CommentsPermalink
(6) $37,000,000is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act;CommentsClose CommentsPermalink
(7) $9,500,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act;CommentsClose CommentsPermalink
(8) $50,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;CommentsClose CommentsPermalink
(9) $4,250,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act;CommentsClose CommentsPermalink
(10) $14,000,000 is for the safe havens for children program, as authorized by section 1301 of the 2000 Act;CommentsClose CommentsPermalink
(11) $6,750,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act;CommentsClose CommentsPermalink
(12) $3,000,000 is for an engaging men and youth in prevention program, as authorized by section 41305 of the 1994 Act;CommentsClose CommentsPermalink
(13) $1,000,000 is for tracking of violence against Indian women, as authorized by section 905 of the 2005 Act and consistent with title I of the Adam Walsh Child Protection and Safety Act of 2006;CommentsClose CommentsPermalink
(14) $3,500,000 is for services to advocate and respond to youth, as authorized by section 41201 of the 1994 Act;CommentsClose CommentsPermalink
(15) $3,000,000 is for grants to assist children and youth exposed to violence, as authorized by section 41303 of the 1994 Act;CommentsClose CommentsPermalink
(16) $3,000,000 is for the court training and improvements program, as authorized by section 41002 of the 1994 Act;CommentsClose CommentsPermalink
(17) $1,000,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act;CommentsClose CommentsPermalink
(18) $3,000,000 for the Supporting Teens through Education and Protection program, as authorized by section 41204 of the 1994 Act;CommentsClose CommentsPermalink
(19) $2,000,000 is for analysis and research on violence against Indian women, as authorized by section 904 of the 2005 Act;CommentsClose CommentsPermalink
(20) $500,000 is for the Office on Violence Against Women to establish a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women; andCommentsClose CommentsPermalink
(21) $500,000 is for the Office on Violence Against Women to sponsor regional summits on violence against women in Indian country for Department of Justice representatives, local tribal advocates, law enforcement, and judges.CommentsClose CommentsPermalink
Office of Justice Programs
salaries and expenses
For necessary expenses, not elsewhere specified in this title, for management and administration of programs within the Office of Justice Programs, $167,500,000: Provided, That notwithstanding section 109 of title I of
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 (‘the 1968 Act’); the Violent Crime Control and Law Enforcement Act of 1994 (‘the 1994 Act’); the Juvenile Justice and Delinquency Prevention Act of 1974 (‘the 1974 Act’); the Missing Children’s Assistance Act (
(1) $60,000,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act, of which $41,000,000 is for the administration and redesign of the National Crime Victimization Survey;CommentsClose CommentsPermalink
(2) $60,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle D of title II of the 2002 Act;CommentsClose CommentsPermalink
(3) $6,000,000 is for a program to prosecute, prevent, and otherwise combat hate crimes, including related research, of which $5,000,000 is for investigation and prosecution assistance grants and $1,000,000 is for a hate crimes training program;CommentsClose CommentsPermalink
(4) $1,000,000 is for an evaluation clearing house program;CommentsClose CommentsPermalink
(5) $10,000,000 is for grants to assist State and tribal governments as authorized by the NICS Improvements Amendments Act of 2007 (
(6) $10,000,000 is for the National Criminal History Improvement Program for grants to upgrade criminal records;CommentsClose CommentsPermalink
(7) $30,000,000 is for Paul Coverdell Forensic Science Improvement Grants under part BB of title I of the 1968 Act;CommentsClose CommentsPermalink
(8) $3,000,000 is for grants to improve the stalking and domestic violence databases, as authorized by section 40602 of the 1994 Act; andCommentsClose CommentsPermalink
(9) $166,000,000 is for DNA-related and forensic programs and activities, of which--CommentsClose CommentsPermalink
(A) $151,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities including the purposes of section 2 of the DNA Analysis Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog Grant Program);CommentsClose CommentsPermalink
(B) $5,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program (
(C) $5,000,000 is for Sexual Assault Forensic Exam Program Grants as authorized by
(D) $5,000,000 is for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program (
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (
(1) $520,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which $5,000,000 is for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by law enforcement, $2,000,000 is for a program to improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, and $3,000,000 is for a State and local assistance help desk and diagnostic center program;CommentsClose CommentsPermalink
(2) $300,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act (
(3) $20,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal governments for costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys;CommentsClose CommentsPermalink
(4) $213,475,000 for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation), which shall be used for the projects, and in the amounts, specified in the explanatory statement accompanying this Act;CommentsClose CommentsPermalink
(5) $40,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation);CommentsClose CommentsPermalink
(6) $2,000,000 for the purposes described in the Missing Alzheimer’s Disease Patient Alert Program (section 240001 of the 1994 Act);CommentsClose CommentsPermalink
(7) $15,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of
(8) $45,000,000 for Drug Courts, as authorized by section 1001(25)(A) of title I of the 1968 Act;CommentsClose CommentsPermalink
(9) $5,000,000 for prison rape prevention and prosecution and other programs, as authorized by the Prison Rape Elimination Act of 2003 (
(10) $20,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act;CommentsClose CommentsPermalink
(11) $8,000,000 for the Capital Litigation Improvement Grant Program, as authorized by section 426 of
(12) $11,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (
(13) $50,000,000 for assistance to Indian tribes, of which--CommentsClose CommentsPermalink
(A) $10,000,000 shall be available for grants under section 20109 of subtitle A of title II of the 1994 Act;CommentsClose CommentsPermalink
(B) $25,000,000 shall be available for the Tribal Courts Initiative;CommentsClose CommentsPermalink
(C) $12,000,000 shall be available for tribal alcohol and substance abuse reduction assistance grants; andCommentsClose CommentsPermalink
(D) $3,000,000 shall be available for training and technical assistance and civil and criminal legal assistance as authorized by title I of
(14) $10,000,000 for economic, high technology and Internet crime prevention grants, including as authorized by section 401 of
(15) $3,500,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration projects;CommentsClose CommentsPermalink
(16) $50,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 (
(17) $10,000,000 for activities related to comprehensive criminal justice reform and recidivism reduction efforts by States;CommentsClose CommentsPermalink
(18) $10,000,000 for implementation of a student loan repayment assistance program pursuant to section 952 of
(19) $5,000,000 for the Northern Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal governments for the costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys;CommentsClose CommentsPermalink
(20) $5,000,000 for an initiative to assist and support evidence-based policing;CommentsClose CommentsPermalink
(21) $3,000,000 for technical and other targeted assistance to improve the functioning of the criminal justice system;CommentsClose CommentsPermalink
(22) $7,500,000 for a justice information-sharing and technology program;CommentsClose CommentsPermalink
(23) $20,000,000 for implementation of the Adam Walsh Act;CommentsClose CommentsPermalink
(24) $25,000,000 for an initiative relating to children exposed to violence;CommentsClose CommentsPermalink
(25) $20,000,000 for an Edward Byrne Memorial criminal justice innovation program;CommentsClose CommentsPermalink
(26) $11,000,000 for sex offender management assistance as authorized by the Adam Walsh Act and the Violent Crime Control Act of 1994 (
(27) $30,000,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I of the 1968 Act: Provided, That $1,500,000 is transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards from the Community Oriented Policing Services Office for research, testing and evaluation programs;CommentsClose CommentsPermalink
(28) $1,000,000 for the National Sex Offender Public Web site;CommentsClose CommentsPermalink
(29) $10,000,000 is for the Statewide Victim Notification System program of the Bureau of Justice Assistance; andCommentsClose CommentsPermalink
(30) $40,000,000 is for the Regional Information Sharing Systems program, as authorized by part M of title I of the 1968 Act:CommentsClose CommentsPermalink
Provided, That if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public sector safety service.CommentsClose CommentsPermalink
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (‘the 1974 Act’); the Omnibus Crime Control and Safe Streets Act of 1968 (‘the 1968 Act’); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
(1) $70,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process;CommentsClose CommentsPermalink
(2) $75,355,000 for grants and projects, as authorized by sections 261 and 262 of the 1974 Act, which shall be used for the projects, and in the amounts, specified in the explanatory statement accompanying this Act;CommentsClose CommentsPermalink
(3) $100,000,000 for youth mentoring grants;CommentsClose CommentsPermalink
(4) $70,000,000 for delinquency prevention, as authorized by section 505 of the 1974 Act, of which, pursuant to sections 261 and 262 thereof--CommentsClose CommentsPermalink
(A) $25,000,000 is for the Tribal Youth Program;CommentsClose CommentsPermalink
(B) $20,000,000 is for a gang and youth violence education and prevention initiative; andCommentsClose CommentsPermalink
(C) $25,000,000 is for grants of $360,000 to each State and $4,840,000 shall be available for discretionary grants, for programs and activities to enforce State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, for prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance and training;CommentsClose CommentsPermalink
(5) $22,500,000 for programs authorized by the Victims of Child Abuse Act of 1990;CommentsClose CommentsPermalink
(6) $40,000,000 for the Juvenile Accountability Block Grants program as authorized by part R of title I of the 1968 Act and Guam shall be considered a State;CommentsClose CommentsPermalink
(7) $20,000,000 for community-based violence prevention initiatives;CommentsClose CommentsPermalink
(8) $5,000,000 for a juvenile delinquency court improvement program;CommentsClose CommentsPermalink
(9) $14,200,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act;CommentsClose CommentsPermalink
(10) $2,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; andCommentsClose CommentsPermalink
(11) $70,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act:CommentsClose CommentsPermalink
Provided, That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further, That not more than 2 percent of each amount may be used for training and technical assistance: Provided further, That the previous two provisos shall not apply to grants and projects authorized by sections 261 and 262 of the 1974 Act, or by sections 217 and 222 of the 1990 Act, or to missing and exploited children programs.CommentsClose CommentsPermalink
public safety officer benefits
For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs, which amounts shall be paid to the ‘Salaries and Expenses’ account), to remain available until expended; and in addition, $16,300,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to ‘Public Safety Officer Benefits’ from available appropriations for the current fiscal year for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Community Oriented Policing Services
salaries and expenses
For necessary expenses, not elsewhere specified in this title, for management and administration of programs within the Community Oriented Policing Services Office, $40,000,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the foregoing, the Attorney General may transfer such amounts to ‘Salaries and Expenses’ from available appropriations for the current fiscal year for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
community oriented policing services programs
(including transfers of funds)
For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (
(1) $400,000,000 is for grants under section 1701 of title I of the 1968 Act (
(2) $13,135,000 for grants to entities described in section 1701 of title I of the 1968 Act, to address public safety and methamphetamine manufacturing, sale, and use in hot spots as authorized by section 754 of
(3) $103,820,000 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment: Provided, That within the amounts appropriated, $102,320,000 shall be used for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further, That of the amounts provided under this heading $1,500,000 is transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards from the Community Oriented Policing Services Office for research, testing, and evaluation programs;CommentsClose CommentsPermalink
(4) $25,000,000 is for improving tribal law enforcement, including equipment and training;CommentsClose CommentsPermalink
(5) $12,000,000 is for community policing development activities;CommentsClose CommentsPermalink
(6) $24,000,000 is for a national grant program the purpose of which is to assist State and local law enforcement to locate, arrest and prosecute child sexual predators and exploiters, and to enforce sex offender registration laws described in section 1701(b) of the 1968 Act, of which--CommentsClose CommentsPermalink
(A) $11,000,000 is for sex offender management assistance as authorized by the Adam Walsh Act and the Violent Crime Control Act of 1994 (
(B) $1,000,000 is for the National Sex Offender Public Registry; andCommentsClose CommentsPermalink
(7) $14,000,000 is for expenses authorized by part AA of the 1968 Act (Secure our Schools).CommentsClose CommentsPermalink
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses.CommentsClose CommentsPermalink
Sec. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.CommentsClose CommentsPermalink
Sec. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.CommentsClose CommentsPermalink
Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.CommentsClose CommentsPermalink
Sec. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Sec. 206. The Attorney General is authorized to extend through September 30, 2012, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002,
Sec. 207. Notwithstanding any other provision of law,
Sec. 208. None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.CommentsClose CommentsPermalink
Sec. 209. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic equipment used primarily for recreational purposes.CommentsClose CommentsPermalink
(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs.CommentsClose CommentsPermalink
Sec. 210. None of the funds made available under this title shall be obligated or expended for Sentinel, or for any other major new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations that the information technology program has appropriate program management and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.CommentsClose CommentsPermalink
Sec. 211. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided under this title in previous years.CommentsClose CommentsPermalink
Sec. 212. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public private competition under the Office of Management and Budget Circular A-76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated.CommentsClose CommentsPermalink
Sec. 213. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of
Sec. 214. None of the funds appropriated in this or any other Act shall be obligated for the initiation of a future phase of the Federal Bureau of Investigation’s Sentinel program until the Attorney General certifies to the Committees on Appropriations that existing phases currently under contract for development or fielding have completed a majority of the work for that phase under the performance measurement baseline validated by the integrated baseline review conducted in 2008: Provided, That this restriction does not apply to planning and design activities for future phases: Provided further, That the Bureau will notify the Committees on Appropriations of any significant changes to the baseline.CommentsClose CommentsPermalink
Sec. 215. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this Act under the headings for ‘State and Local Law Enforcement Assistance’ and ‘Juvenile Justice Programs’--CommentsClose CommentsPermalink
(1) Up to 3 percent of funds made available for grant or reimbursement programs may be used to provide training and technical assistance; andCommentsClose CommentsPermalink
(2) Notwithstanding section 205 of this Act, up to 3 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated for programs administered by the National Institute of Justice and the Bureau of Justice Statistics, may be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs.CommentsClose CommentsPermalink
Sec. 216. The Attorney General may, upon request by a grantee and based upon a determination of fiscal hardship, waive the requirements of paragraph (1) of section 2976(g) and the requirements of paragraphs (1) and (2) of section 2978(c), of the Omnibus Crime Control and Safe Streets Act of 1968 (
Sec. 217. That
Sec. 218. Section 112(a)(1) of division B of the Consolidated Appropriations Act, 2004 (
This title may be cited as the ‘Department of Justice Appropriations Act, 2011’.CommentsClose CommentsPermalink
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by
aeronautics and space research and technology
For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics and space research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by
exploration
For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; space flight, spacecraft control, and communications activities; program management, personnel and related costs, including uniforms or allowances therefor, as authorized by
space operations
(including transfers of funds)
For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support, and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; space flight, spacecraft control and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by
education
For necessary expenses, not otherwise provided for, in carrying out aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, uniforms or allowances therefor, as authorized by
cross agency support
For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND REMEDIATION
For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $381,300,000, to remain available until September 30, 2016: Provided, That within the funds provided, $40,500,000 shall be available to support science research and development activities; $14,000,000 shall be available to support space operations research and development activities; and $265,800,000 shall be available for cross agency support activities.CommentsClose CommentsPermalink
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $38,000,000, to remain available until September 30, 2012.CommentsClose CommentsPermalink
administrative provisions
Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn.CommentsClose CommentsPermalink
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Notwithstanding any other provision of law, no funds shall be used to implement by Reduction in Force or other involuntary separations (except for cause) by the National Aeronautics and Space Administration prior to September 30, 2011.CommentsClose CommentsPermalink
The unexpired balances of previous accounts, for activities for which funds are provided under this Act, may be transferred to the new accounts established in this Act that provide such activity. Balances so transferred shall be merged with the funds in the newly established accounts, but shall be available under the same terms, conditions and period of time as previously appropriated.CommentsClose CommentsPermalink
Section 20 of the National Aeronautics and Space Administration Authorization Act of Fiscal Year 1992 (
‘(d) Availability of Funds- The interest accruing from the National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund principal shall be available in fiscal year 2011 and hereafter for the purpose of the Endeavor Science Teacher Certificate Program.’.CommentsClose CommentsPermalink
Of funds provided under the headings ‘Science’ and ‘Exploration’ in this Act, up to $15,000,000 shall be available for a reimbursable agreement with the Department of Energy for the purpose of re-establishing facilities to produce fuel required for radioisotope thermoelectric generators to enable future missions.CommentsClose CommentsPermalink
For an additional amount for the ‘Cross-Agency Support’, National Aeronautics and Space Administration account, $3,492,000, to increase the agency’s acquisition workforce capacity and capabilities: Provided, That such funds may be transferred by the Administrator to any other account in the agency to carry out the purposes provided herein: Provided further, That such transfer authority is in addition to any other transfer authority provided in this Act: Provided further, That such funds shall be available only to supplement and not to supplant existing acquisition workforce activities: Provided further, That such funds shall be available for training, recruitment, retention, and hiring additional members of the acquisition workforce as defined by the Office of Federal Procurement Policy Act, as amended (
National Science Foundation
research and related activities
(including transfer of funds)
For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (
major research equipment and facilities construction
For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950, as amended (
education and human resources
For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended (
agency operations and award management
For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950, as amended (
office of the national science board
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under
office of inspector general
For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, $15,000,000, to remain available until September 30, 2012.CommentsClose CommentsPermalink
administrative provision
For an additional amount for the ‘Agency Operations and Award Management’, National Science Foundation account, $2,000,000, to increase the agency’s acquisition workforce capacity and capabilities: Provided, That such funds shall be available only to supplement and not to supplant existing acquisition workforce activities: Provided further, That such funds shall be available for training, recruitment, retention, and hiring additional members of the acquisition workforce as defined by the Office of Federal Procurement Policy Act, as amended (
This title may be cited as the ‘Science Appropriations Act, 2011’.CommentsClose CommentsPermalink
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,400,000: Provided, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days.CommentsClose CommentsPermalink
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 (
state and local assistance
For payments to State and local enforcement agencies for authorized services to the Commission, $30,000,000.CommentsClose CommentsPermalink
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles, and services as authorized by
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $430,000,000, of which $401,700,000 is for basic field programs and required independent audits; $4,300,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $20,000,000 is for management and grants oversight; $3,000,000 is for client self-help and information technology; and $1,000,000 is for loan repayment assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of
Section 504 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (as contained in
(1) in subsection (a), in the matter preceding paragraph (1), by inserting after ‘)’ the following: ‘that uses Federal funds (or funds from any source with regard to paragraphs (14) and (15) in a manner’;CommentsClose CommentsPermalink
(2) by striking subsection (d); andCommentsClose CommentsPermalink
(3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.CommentsClose CommentsPermalink
MARINE MAMMAL COMMISSION
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized by title II of
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 (
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.CommentsClose CommentsPermalink
Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.CommentsClose CommentsPermalink
Sec. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to
Sec. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.CommentsClose CommentsPermalink
Sec. 505. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2011, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through the reprogramming of funds that--CommentsClose CommentsPermalink
(1) creates or initiates a new program, project or activity, unless the House and Senate Committees on Appropriation are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(2) eliminates a program, project or activity, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by this Act, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(4) relocates an office or employees, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(5) reorganizes or renames offices, programs or activities, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(6) contracts out or privatizes any functions or activities presently performed by Federal employees, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(7) proposes to use funds directed for a specific activity by either the House or Senate Committee on Appropriations for a different purpose, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds;CommentsClose CommentsPermalink
(8) augments funds for existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent as approved by Congress, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; orCommentsClose CommentsPermalink
(9) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink
(b) None of the funds in provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2011, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure, through the reprogramming of funds after August 1, except in extraordinary circumstances, and only after the House and Senate Committees on Appropriations are notified 30 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink
Sec. 506. Hereafter, none of the funds made available in this or any other Act may be used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal entity or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).CommentsClose CommentsPermalink
Sec. 507. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.CommentsClose CommentsPermalink
Sec. 508. The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration, shall provide to the House and Senate Committees on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year.CommentsClose CommentsPermalink
Sec. 509. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink
Sec. 510. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.CommentsClose CommentsPermalink
Sec. 511. None of the funds appropriated pursuant to this Act or any other provision of law may be used for--CommentsClose CommentsPermalink
(1) the implementation of any tax or fee in connection with the implementation of sub
(2) any system to implement sub
Sec. 512. Notwithstanding any other provision of law, amounts deposited or available in the Fund established under
Sec. 513. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.CommentsClose CommentsPermalink
Sec. 514. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.CommentsClose CommentsPermalink
Sec. 515. Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act.CommentsClose CommentsPermalink
Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data.CommentsClose CommentsPermalink
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to draw broad conclusions about firearms-related crime:CommentsClose CommentsPermalink
(1) Firearm traces are designed to assist law enforcement authorities in conducting investigations by tracking the sale and possession of specific firearms. Law enforcement agencies may request firearms traces for any reason, and those reasons are not necessarily reported to the Federal Government. Not all firearms used in crime are traced and not all firearms traced are used in crime.CommentsClose CommentsPermalink
(2) Firearms selected for tracing are not chosen for purposes of determining which types, makes, or models of firearms are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally traced to the first retail seller, and sources reported for firearms traced do not necessarily represent the sources or methods by which firearms in general are acquired for use in crime.CommentsClose CommentsPermalink
Sec. 517. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed.CommentsClose CommentsPermalink
(b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet Web site maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude--CommentsClose CommentsPermalink
(1) any matter described in
(2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes.CommentsClose CommentsPermalink
(c) A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract.CommentsClose CommentsPermalink
(d) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract.CommentsClose CommentsPermalink
(e) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities.CommentsClose CommentsPermalink
Sec. 518. None of the funds appropriated or otherwise made available under this Act may be used to issue patents on claims directed to or encompassing a human organism.CommentsClose CommentsPermalink
Sec. 519. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government.CommentsClose CommentsPermalink
Sec. 520. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles.CommentsClose CommentsPermalink
(b) The foregoing exemption from obtaining an export license--CommentsClose CommentsPermalink
(1) does not exempt an exporter from filing any Shipper’s Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); andCommentsClose CommentsPermalink
(2) does not permit the export without a license of--CommentsClose CommentsPermalink
(A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada;CommentsClose CommentsPermalink
(B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; orCommentsClose CommentsPermalink
(C) articles for export from Canada to another foreign destination.CommentsClose CommentsPermalink
(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen.CommentsClose CommentsPermalink
(d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased.CommentsClose CommentsPermalink
Sec. 521. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to
Sec. 522. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of--CommentsClose CommentsPermalink
(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;CommentsClose CommentsPermalink
(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; orCommentsClose CommentsPermalink
(3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement.CommentsClose CommentsPermalink
Sec. 523. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts.CommentsClose CommentsPermalink
Sec. 524. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement costs.CommentsClose CommentsPermalink
Sec. 525. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (
Sec. 526. The Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet Web site--CommentsClose CommentsPermalink
(1) a direct link to the Internet Web site of their Offices of Inspectors General; andCommentsClose CommentsPermalink
(2) a mechanism on the Offices of Inspectors General Web site by which individuals may anonymously report cases of waste, fraud, or abuse with respect to those Departments, agencies, and commissions.CommentsClose CommentsPermalink
Sec. 527. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.CommentsClose CommentsPermalink
Sec. 528. None of the funds appropriated or otherwise made available in this Act may be used in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States--CommentsClose CommentsPermalink
(1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws;CommentsClose CommentsPermalink
(2) to avoid agreements that--CommentsClose CommentsPermalink
(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; orCommentsClose CommentsPermalink
(B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; andCommentsClose CommentsPermalink
(3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market access barriers.CommentsClose CommentsPermalink
(rescissions)
Sec. 529. (a) Of the unobligated balances available to the Department of Justice from prior appropriations, the following funds are hereby rescinded, not later than September 30, 2011, from the following accounts in the specified amounts--CommentsClose CommentsPermalink
(1) ‘Legal Activities, Assets Forfeiture Fund’, $495,000,000;CommentsClose CommentsPermalink
(2) ‘Bureau of Alcohol, Tobacco, Firearms and Explosives, Violent Crime Reduction Program’, $1,028,000;CommentsClose CommentsPermalink
(3) ‘Office of Justice Programs’, $42,000,000;CommentsClose CommentsPermalink
(4) ‘Community Oriented Policing Services’, $10,200,000;CommentsClose CommentsPermalink
(5) ‘Working Capital Fund’, $20,000,000; andCommentsClose CommentsPermalink
(6) ‘Federal Bureau of Investigation, Salaries and Expenses’, $20,000,000.CommentsClose CommentsPermalink
(b) Of the unobligated balances available to the National Aeronautics and Space Administration from prior year appropriations under the heading ‘Exploration’, $14,000,000 are hereby rescinded.CommentsClose CommentsPermalink
(c) Of the unobligated balances available to the National Science Foundation from prior appropriations, $50,000,000 under the heading ‘Research and Related Activities’ is hereby rescinded.CommentsClose CommentsPermalink
(d) Of the unobligated balances available to the Bureau of the Census from prior year appropriations, $457,000,000 under the heading ‘Periodic Censuses and Programs’ is hereby rescinded.CommentsClose CommentsPermalink
(e) Within 30 days of enactment of this Act, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Bureau of the Census shall submit to the Committee on Appropriations of the Senate a report specifying the amount of each rescission made pursuant to this section.CommentsClose CommentsPermalink
(f) The rescissions contained in this section shall not apply to funds provided in this Act.CommentsClose CommentsPermalink
Sec. 530. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301-10.122 through 301-10.124 of title 41 of the Code of Federal Regulations.CommentsClose CommentsPermalink
Sec. 531. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States. This provision shall not apply to law enforcement training and/or operational conferences for law enforcement personnel when the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States.CommentsClose CommentsPermalink
Sec. 532. (a) None of the funds made available in this or any other Act may be used to release an individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI).CommentsClose CommentsPermalink
(b) None of the funds made available in this or any other Act may be used to transfer an individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of detention, except as provided in subsection (c).CommentsClose CommentsPermalink
(c) None of the funds made available in this or any other Act may be used to transfer an individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI), for the purposes of prosecuting such individual, or detaining such individual during legal proceedings, until 45 days after the plan described in subsection (d) is received.CommentsClose CommentsPermalink
(d) The President shall submit to Congress, in classified form, a plan regarding the proposed disposition of any individual covered by subsection (c) who is detained as of June 24, 2009. Such plan shall include, at a minimum, each of the following for each such individual:CommentsClose CommentsPermalink
(1) A determination of the risk that the individual might instigate an act of terrorism within the continental United States, Alaska, Hawaii, the District of Columbia, or the United States territories if the individual were so transferred.CommentsClose CommentsPermalink
(2) A determination of the risk that the individual might advocate, coerce, or incite violent extremism, ideologically motivated criminal activity, or acts of terrorism, among inmate populations at incarceration facilities within the continental United States, Alaska, Hawaii, the District of Columbia, or the United States territories if the individual were transferred to such a facility.CommentsClose CommentsPermalink
(3) The costs associated with transferring the individual in question.CommentsClose CommentsPermalink
(4) The legal rationale and associated court demands for transfer.CommentsClose CommentsPermalink
(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7).CommentsClose CommentsPermalink
(6) A copy of a notification to the Governor of the State to which the individual will be transferred, to the Mayor of the District of Columbia if the individual will be transferred to the District of Columbia, or to any United States territories with a certification by the Attorney General of the United States in classified form at least 14 days prior to such transfer (together with supporting documentation and justification) that the individual poses little or no security risk to the United States.CommentsClose CommentsPermalink
(7) An assessment of any risk to the national security of the United States or its citizens, including members of the Armed Services of the United States, that is posed by such transfer and the actions taken to mitigate such risk.CommentsClose CommentsPermalink
(e) None of the funds made available in this or any other Act may be used to transfer or release an individual detained at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such individual’s nationality or last habitual residence or to any other country other than the United States or to a freely associated State, unless the President submits to the Congress, in classified form, at least 15 days prior to such transfer or release, the following information:CommentsClose CommentsPermalink
(1) The name of any individual to be transferred or released and the country or the freely associated State to which such individual is to be transferred or released.CommentsClose CommentsPermalink
(2) An assessment of any risk to the national security of the United States or its citizens, including members of the Armed Services of the United States, that is posed by such transfer or release and the actions taken to mitigate such risk.CommentsClose CommentsPermalink
(3) The terms of any agreement with the country or the freely associated State for the acceptance of such individual, including the amount of any financial assistance related to such agreement.CommentsClose CommentsPermalink
(f) None of the funds made available in this Act may be used to provide any immigration benefit (including a visa, admission into the United States or any of the United States territories, parole into the United States or any of the United States territories (other than parole for the purposes of prosecution and related detention), or classification as a refugee or applicant for asylum) to any individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
(g) In this section, the term ‘freely associated States’ means the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Palau.CommentsClose CommentsPermalink
(h) Prior to the termination of detention operations at Naval Station, Guantanamo Bay, Cuba, the President shall submit to the Congress a report in classified form describing the disposition or legal status of each individual detained at the facility as of the date of enactment of this Act.CommentsClose CommentsPermalink
Sec. 533. None of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.CommentsClose CommentsPermalink
Sec. 534. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are ‘Energy Star’ qualified or have the ‘Federal Energy Management Program’ designation.CommentsClose CommentsPermalink
Sec. 535. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States Government receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following:CommentsClose CommentsPermalink
(1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts.CommentsClose CommentsPermalink
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts.CommentsClose CommentsPermalink
(3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States.CommentsClose CommentsPermalink
(4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts.CommentsClose CommentsPermalink
Sec. 536. None of the funds made available in this Act may be used to relocate the Bureau of the Census or employees from the Department of Commerce to the jurisdiction of the Executive Office of the President.CommentsClose CommentsPermalink
Sec. 537. (a) Of the amounts appropriated for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat delinquency, and to assist victims of crime (other than compensation), under the heading ‘State and local law enforcement assistance’ under the major heading ‘Office of Justice Programs’ under the overarching heading ‘State and local law enforcement activities’ under division B, title II of the Omnibus Appropriations Act, 2009 (
(b) Of the amounts appropriated for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat delinquency, and to assist victims of crime (other than compensation), under the heading ‘State and local law enforcement assistance’ under the major heading ‘Office of Justice Programs’ under the overarching heading ‘State and local law enforcement activities’ under division B, title II of the Omnibus Appropriations Act, 2009 (
(c) Of the amounts appropriated for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat delinquency, and to assist victims of crime (other than compensation), under the heading ‘State and local law enforcement assistance’ under the major heading ‘Office of Justice Programs’ under the overarching heading ‘State and local law enforcement activities’ under division B, title II of the Omnibus Appropriations Act, 2009 (
(d) Of the amounts appropriated for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat delinquency, and to assist victims of crime (other than compensation), under the heading ‘State and local law enforcement assistance’ under the major heading ‘Office of Justice Programs’ under the overarching heading ‘State and local law enforcement activities’ under division B, title II of the Omnibus Appropriations Act, 2009 (
Sec. 538. (a) The head of any department, agency, board or commission funded by this Act shall submit quarterly reports to the Inspector General for any entity without an inspector general or the senior ethics official of the appropriate department, agency, board or commission regarding the costs and contracting procedures relating to each conference held by the department, agency, board or commission during fiscal year 2011 for which the cost to the Government was more than $20,000.CommentsClose CommentsPermalink
(b) Each report submitted under subsection (a) shall include, for each conference described in that subsection held during the applicable quarter--CommentsClose CommentsPermalink
(1) a description of the subject of and number of participants attending that conference;CommentsClose CommentsPermalink
(2) a detailed statement of the costs to the Government relating to that conference, including--CommentsClose CommentsPermalink
(A) the cost of any food or beverages;CommentsClose CommentsPermalink
(B) the cost of any audio-visual services; andCommentsClose CommentsPermalink
(C) a discussion of the methodology used to determine which costs relate to that conference; andCommentsClose CommentsPermalink
(3) a description of the contracting procedures relating to that conference, including--CommentsClose CommentsPermalink
(A) whether contracts were awarded on a competitive basis for that conference; andCommentsClose CommentsPermalink
(B) a discussion of any cost comparison conducted by the department, agency, board or commission in evaluating potential contractors for that conference.CommentsClose CommentsPermalink
Sec. 539. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.CommentsClose CommentsPermalink
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.CommentsClose CommentsPermalink
commission on wartime relocation and internment of latin americans of japanese descent
Sec. 540. (a) Findings- Based on a preliminary study published in December 1982 by the Commission on Wartime Relocation and Internment of Civilians, Congress finds the following:CommentsClose CommentsPermalink
(1) During World War II, the United States--CommentsClose CommentsPermalink
(A) expanded its internment program and national security investigations to conduct the program and investigations in Latin America; andCommentsClose CommentsPermalink
(B) financed relocation to the United States, and internment, of approximately 2,300 Latin Americans of Japanese descent, for the purpose of exchanging the Latin Americans of Japanese descent for United States citizens held by Axis countries.CommentsClose CommentsPermalink
(2) Approximately 2,300 men, women, and children of Japanese descent from 13 Latin American countries were held in the custody of the Department of State in internment camps operated by the Immigration and Naturalization Service from 1941 through 1948.CommentsClose CommentsPermalink
(3) Those men, women, and children either--CommentsClose CommentsPermalink
(A) were arrested without a warrant, hearing, or indictment by local police, and sent to the United States for internment; orCommentsClose CommentsPermalink
(B) in some cases involving women and children, voluntarily entered internment camps to remain with their arrested husbands, fathers, and other male relatives.CommentsClose CommentsPermalink
(4) Passports held by individuals who were Latin Americans of Japanese descent were routinely confiscated before the individuals arrived in the United States, and the Department of State ordered United States consuls in Latin American countries to refuse to issue visas to the individuals prior to departure.CommentsClose CommentsPermalink
(5) Despite their involuntary arrival, Latin American internees of Japanese descent were considered to be and treated as illegal entrants by the Immigration and Naturalization Service. Thus, the internees became illegal aliens in United States custody who were subject to deportation proceedings for immediate removal from the United States. In some cases, Latin American internees of Japanese descent were deported to Axis countries to enable the United States to conduct prisoner exchanges.CommentsClose CommentsPermalink
(6) Approximately 2,300 men, women, and children of Japanese descent were relocated from their homes in Latin America, detained in internment camps in the United States, and in some cases, deported to Axis countries to enable the United States to conduct prisoner exchanges.CommentsClose CommentsPermalink
(7) The Commission on Wartime Relocation and Internment of Civilians studied Federal actions conducted pursuant to Executive Order 9066 (relating to authorizing the Secretary of War to prescribe military areas). Although the United States program of interning Latin Americans of Japanese descent was not conducted pursuant to Executive Order 9066, an examination of that extraordinary program is necessary to establish a complete account of Federal actions to detain and intern civilians of enemy or foreign nationality, particularly of Japanese descent. Although historical documents relating to the program exist in distant archives, the Commission on Wartime Relocation and Internment of Civilians did not research those documents.CommentsClose CommentsPermalink
(8) Latin American internees of Japanese descent were a group not covered by the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b et seq.), which formally apologized and provided compensation payments to former Japanese Americans interned pursuant to Executive Order 9066.CommentsClose CommentsPermalink
(b) Purpose- The purpose of this section is to establish a fact-finding Commission to extend the study of the Commission on Wartime Relocation and Internment of Civilians to investigate and determine facts and circumstances surrounding the relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December 1941 through February 1948, and the impact of those actions by the United States, and to recommend appropriate remedies, if any, based on preliminary findings by the original Commission and new discoveries.CommentsClose CommentsPermalink
(c) Establishment of the Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established the Commission on Wartime Relocation and Internment of Latin Americans of Japanese descent (referred to in this section as the ‘Commission’).CommentsClose CommentsPermalink
(2) COMPOSITION- The Commission shall be composed of 9 members, who shall be appointed not later than 60 days after the date of enactment of this section, of whom--CommentsClose CommentsPermalink
(A) 3 members shall be appointed by the President;CommentsClose CommentsPermalink
(B) 3 members shall be appointed by the Speaker of the House of Representatives, on the joint recommendation of the majority leader of the House of Representatives and the minority leader of the House of Representatives; andCommentsClose CommentsPermalink
(C) 3 members shall be appointed by the President pro tempore of the Senate, on the joint recommendation of the majority leader of the Senate and the minority leader of the Senate.CommentsClose CommentsPermalink
(3) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink
(4) MEETINGS-CommentsClose CommentsPermalink
(A) FIRST MEETING- The President shall call the first meeting of the Commission not later than the later of--CommentsClose CommentsPermalink
(i) 60 days after the date of enactment of this section; orCommentsClose CommentsPermalink
(ii) 30 days after the date of enactment of legislation making appropriations to carry out this section.CommentsClose CommentsPermalink
(B) SUBSEQUENT MEETINGS- Except as provided in subparagraph (A), the Commission shall meet at the call of the Chairperson.CommentsClose CommentsPermalink
(5) QUORUM- Five members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink
(6) CHAIRPERSON AND VICE CHAIRPERSON- The Commission shall elect a Chairperson and Vice Chairperson from among its members. The Chairperson and Vice Chairperson shall serve for the life of the Commission.CommentsClose CommentsPermalink
(d) Duties of the Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall--CommentsClose CommentsPermalink
(A) extend the study of the Commission on Wartime Relocation and Internment of Civilians, established by the Commission on Wartime Relocation and Internment of Civilians Act--CommentsClose CommentsPermalink
(i) to investigate and determine facts and circumstances surrounding the United States’ relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December 1941 through February 1948, and the impact of those actions by the United States; andCommentsClose CommentsPermalink
(ii) in investigating those facts and circumstances, to review directives of the United States Armed Forces and the Department of State requiring the relocation, detention in internment camps, and deportation to Axis countries of Latin Americans of Japanese descent; andCommentsClose CommentsPermalink
(B) recommend appropriate remedies, if any, based on preliminary findings by the original Commission and new discoveries.CommentsClose CommentsPermalink
(2) REPORT- Not later than 1 year after the date of the first meeting of the Commission pursuant to subsection (c)(4)(A), the Commission shall submit a written report to Congress, which shall contain findings resulting from the investigation conducted under paragraph (1)(A) and recommendations described in paragraph (1)(B).CommentsClose CommentsPermalink
(e) Powers of the Commission-CommentsClose CommentsPermalink
(1) HEARINGS- The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this section--CommentsClose CommentsPermalink
(A) hold such public hearings in such cities and countries, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission or such subcommittee or member considers advisable; andCommentsClose CommentsPermalink
(B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Commission or such subcommittee or member considers advisable.CommentsClose CommentsPermalink
(2) ISSUANCE AND ENFORCEMENT OF SUBPOENAS-CommentsClose CommentsPermalink
(A) ISSUANCE- Subpoenas issued under paragraph (1) shall bear the signature of the Chairperson of the Commission and shall be served by any person or class of persons designated by the Chairperson for that purpose.CommentsClose CommentsPermalink
(B) ENFORCEMENT- In the case of contumacy or failure to obey a subpoena issued under paragraph (1), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.CommentsClose CommentsPermalink
(3) WITNESS ALLOWANCES AND FEES-
(4) INFORMATION FROM FEDERAL AGENCIES- The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to perform its duties. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.CommentsClose CommentsPermalink
(5) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.CommentsClose CommentsPermalink
(f) Personnel and Administrative Provisions-CommentsClose CommentsPermalink
(1) COMPENSATION OF MEMBERS- Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under
(2) TRAVEL EXPENSES- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.CommentsClose CommentsPermalink
(3) STAFF-CommentsClose CommentsPermalink
(A) IN GENERAL- The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate the employment of such personnel as may be necessary to enable the Commission to perform its duties.CommentsClose CommentsPermalink
(B) COMPENSATION- The Chairperson of the Commission may fix the compensation of the personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.CommentsClose CommentsPermalink
(4) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink
(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of the Commission may procure temporary and intermittent services under
(6) OTHER ADMINISTRATIVE MATTERS- The Commission may--CommentsClose CommentsPermalink
(A) enter into agreements with the Administrator of General Services to procure necessary financial and administrative services;CommentsClose CommentsPermalink
(B) enter into contracts to procure supplies, services, and property; andCommentsClose CommentsPermalink
(C) enter into contracts with Federal, State, or local agencies, or private institutions or organizations, for the conduct of research or surveys, the preparation of reports, and other activities necessary to enable the Commission to perform its duties.CommentsClose CommentsPermalink
(g) Termination- The Commission shall terminate 90 days after the date on which the Commission submits its report to Congress under subsection (d)(2).CommentsClose CommentsPermalink
(h) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
(2) AVAILABILITY- Any sums appropriated under the authorization contained in this subsection shall remain available, without fiscal year limitation, until expended.CommentsClose CommentsPermalink
Sec. 541. (a) Using funds appropriated to the Legal Services Corporation (‘Corporation’) in this Act, the Corporation shall comply with, and ensure that recipients and recipient attorneys comply with, the corresponding recommendations contained in the provisions of--CommentsClose CommentsPermalink
(1) the report entitled ‘Governance and Accountability Practices Need to Be Modernized and Strengthened’, GAO-07-993, issued August 2007 by the Government Accountability Office;CommentsClose CommentsPermalink
(2) the report entitled ‘Improved Internal Controls Needed in Grants Management and Oversight’, GAO-08-37, issued December 2007 by the Government Accountability Office;CommentsClose CommentsPermalink
(3) the report entitled ‘Selected Internal Controls at Legal Services NYC’, Report No. AU09-01, issued December 11, 2008 by the Office of Inspector General of the Corporation;CommentsClose CommentsPermalink
(4) the report entitled ‘Selected Internal Controls at Legal Aid and Defender Association, Inc.’, Report No. AU09-02, issued February 5, 2009 by that Office of Inspector General;CommentsClose CommentsPermalink
(5) the report entitled ‘Selected Internal Controls at California Indian Legal Services’, Report No. AU09-03, issued March 27, 2009 by that Office of Inspector General;CommentsClose CommentsPermalink
(6) the report entitled ‘Selected Internal Controls at Legal Assistance Foundation of Metropolitan Chicago’, Report No. AU08-05, issued September 30, 2008 by that Office of Inspector General;CommentsClose CommentsPermalink
(7) the report entitled ‘Selected Internal Controls at Philadelphia Legal Assistance Center’, Report No. AU08-04, issued August 14, 2008 by that Office of Inspector General;CommentsClose CommentsPermalink
(8) the report entitled ‘Legal Services Corporation FY 2008 Financial Statement Audit Report’, issued January 28, 2009 by that Office of Inspector General;CommentsClose CommentsPermalink
(9) the report entitled ‘Audit of Legal Services Corporation’s Consultant Contract’, Report No. AU09-05, issued July 7, 2009 by that Office of Inspector General;CommentsClose CommentsPermalink
(10) the report entitled ‘Selected Internal Controls at Legal Aid of Northwest Texas’, Report No. AU09-06, issued August 10, 2009 by that Office of Inspector General; andCommentsClose CommentsPermalink
(11) the report entitled ‘Protocol for the Acceptance and Use of Private Contributions to LSC’, issued August 2008 by the Audit Committee of the Board of Directors of the Corporation.CommentsClose CommentsPermalink
(b) The Corporation may not expend $10,000,000 of the funds described in subsection (a) until the President and the Chairman submit the certification described in subsection (c).CommentsClose CommentsPermalink
(c) The President and the Chairman shall, not later than 30 days after enactment of this Act, determine whether the Corporation has met the requirements of subsection (a). The President and the Chairman shall make the determination based on the standards, best management practices, and guidelines in the provisions described in subsection (a). If the President and the Chairman determine that the Corporation has met the requirements, the President and the Chairman shall submit a certification to the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate. Upon the President’s and the Chairman’s joint submission of the certification, the Corporation may expend the amount described in subsection (b).CommentsClose CommentsPermalink
(d) In this section, the terms ‘Corporation’ and ‘recipient’ have the meanings given the terms in section 1002 of the Legal Services Corporation Act (
(e) In this section, the terms ‘President’ and ‘Chairman’ refer to the President of the Legal Services Corporation and the Chairman of the Board of the Legal Services Corporation.CommentsClose CommentsPermalink
This Act may be cited as the ‘Commerce, Justice, Science, and Related Agencies Appropriations Act, 2011’.CommentsClose CommentsPermalink
Calendar No. 479CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3636CommentsClose CommentsPermalink
[Report No. 111-229]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2011, and for other purposes.CommentsClose CommentsPermalink
July 22, 2010CommentsClose CommentsPermalink
July 22, 2010CommentsClose CommentsPermalink
Read twice and placed on the calendarCommentsClose CommentsPermalink
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