HR 2596 RHCommentsClose CommentsPermalink

Union Calendar No. 113CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2596CommentsClose CommentsPermalink

[Report No. 112-169]CommentsClose CommentsPermalink

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

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

July 20, 2011CommentsClose CommentsPermalink

Mr. WOLF, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

Making appropriations for Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2012, and for other purposes.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, 2012, 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 44 U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to 49 U.S.C. 40118; employment of Americans and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $460,106,000, to remain available until September 30, 2013, of which $9,439,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That not less than $48,854,000 shall be for Manufacturing and Services; not less than $42,623,000 shall be for Market Access and Compliance; not less than $67,358,000 shall be for the Import Administration; not less than $264,910,000 shall be for trade promotion and the United States and Foreign Commercial Service; and not less than $26,922,000 shall be for Executive Direction and Administration: Provided further, That not less than $7,000,000 shall be for the Office of China Compliance, and not less than $4,400,000 shall be for the China Countervailing Duty Group: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities without regard to section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities.CommentsClose CommentsPermalink

Bureau of Industry and Security

operations and administration

For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $15,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $100,141,000, to remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments.CommentsClose CommentsPermalink

Economic Development Administration

economic development assistance programs

For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, for the cost of loan guarantees authorized by section 26 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721), and for other purposes, $220,000,000, to remain available until expended; of which $5,000,000 shall be for projects to facilitate the relocation, to the United States, of a source of employment located outside the United States; and of which up to $5,000,000 shall be for such loan guarantees: Provided, That the costs for loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $50,000,000.CommentsClose CommentsPermalink

salaries and expenses

For necessary expenses of administering the economic development assistance programs as provided for by law, $37,924,000: 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, $30,339,000.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, $97,060,000, to remain available until September 30, 2013.CommentsClose CommentsPermalink

Bureau of The Census

salaries and expenses

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $258,506,000: Provided, That from amounts provided herein, funds may be used for promotion, outreach, and marketing activities.CommentsClose CommentsPermalink

periodic censuses and programs

For necessary expenses to collect and publish statistics for periodic censuses and programs provided for by law, $596,842,000, to remain available until September 30, 2013: Provided, That from amounts provided herein, funds may be used for promotion, outreach, and marketing activities.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), $40,568,000: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended.CommentsClose CommentsPermalink

Patent and Trademark Office

salaries and expenses

(including transfers of funds)

For necessary expenses of the Patent and Trademark Office (PTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the Patent and Trademark Office, $2,706,313,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections assessed and collected pursuant to section 31 of the Trademark Act of 1946 (15 U.S.C. 1113) and sections 41 and 376 of title 35, United States Code, are received during fiscal year 2012, so as to result in a fiscal year 2012 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2012, should the total amount of offsetting fee collections and the surcharge provided herein be less than $2,706,313,000, this amount shall be reduced accordingly: Provided further, That any amount received in excess of $2,706,313,000 in fiscal year 2012 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further, That the Director of the Patent and Trademark Office shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That from amounts provided herein, not to exceed $1,000 shall be made available in fiscal year 2012 for official reception and representation expenses: Provided further, That in fiscal year 2012 from the amounts made available for ‘Salaries and Expenses’ for the PTO, the amounts necessary to pay: (1) the difference between the percentage of basic pay contributed by the PTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for PTO’s specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title; and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for PTO’s specific use, of post-retirement life insurance and post-retirement health benefits coverage for all PTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further, That any differences between the present value factors published in OPM’s yearly 300 series benefit letters and the factors that OPM provides for PTO’s specific use shall be recognized as an imputed cost on PTO’s financial statements, where applicable: Provided further, That sections 801, 802, and 803 of division B, Public Law 108-447 shall remain in effect during fiscal year 2012: Provided further, That the Director may, this year, reduce by regulation fees payable for documents in patent and trademark matters, in connection with the filing of documents filed electronically in a form prescribed by the Director: Provided further, That there shall be a surcharge of 15 percent, rounded by standard arithmetic rules, on fees charged or authorized by sections 41(a), (b), (d) (1) and 132(b) of title 35, United States Code, as administered under Public Law 108-447 and this Act: Provided further, That the surcharge established under the previous proviso shall be separate from, and in addition to, any other surcharge that may be required pursuant to any provision of title 35, United States Code: Provided further, That the surcharge established in the previous two provisions shall take effect on the date that is 10 days after the date of enactment of this Act, and shall remain in effect during fiscal year 2012: Provided further, That hereafter the Director shall reduce fees for providing prioritized examination of utility and plant patent applications by 50 percent for small entities that qualify for reduced fees under section 41(h)(1) of title 35, United States Code, so long as the fees of the prioritized examination program are set to recover the estimated cost of the program: Provided further, That the receipts collected as a result of these surcharges shall be available within the amounts provided herein to the Patent and Trademark Office without fiscal year limitation, for all authorized activities and operations of the Office.CommentsClose CommentsPermalink

National Institute of Standards and Technology

scientific and technical research and services

For necessary expenses of the National Institute of Standards and Technology, $516,984,000, 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.CommentsClose CommentsPermalink

industrial technology services

For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $128,443,000, 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 15 U.S.C. 278c-278e, $55,381,000, to remain available until expended: Provided, That the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000 and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years.CommentsClose CommentsPermalink

National Oceanic and Atmospheric Administration

operations, research, and facilities

(including transfer of funds)

For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $2,775,930,000, to remain available until September 30, 2013, except that funds provided for cooperative enforcement shall remain available until September 30, 2014: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided further, That in addition, $66,200,000 shall be derived by transfer from the fund entitled ‘Promote and Develop Fishery Products and Research Pertaining to American Fisheries’: Provided further, That of the $2,848,130,000 provided for in direct obligations under this heading, $2,775,930,000 is appropriated from the general fund, $66,200,000 is provided by transfer, and $6,000,000 is derived from recoveries of prior year obligations: Provided further, That the total amount available for National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $214,874,000: Provided further, That any deviation from the amounts designated for specific activities in the report accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act.CommentsClose CommentsPermalink





In addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may be necessary.CommentsClose CommentsPermalink

procurement, acquisition and construction

For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,702,772,000, to remain available until September 30, 2014, except that funds provided for construction of facilities shall remain available until expended: Provided, That of the $1,709,772,000 provided for in direct obligations under this heading, $1,702,772,000 is appropriated from the general fund and $7,000,000 is provided from recoveries of prior year obligations: Provided further, That any deviation from the amounts designated for specific activities in the report accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That the Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration Procurement, Acquisition or Construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years.CommentsClose CommentsPermalink

pacific coastal salmon recovery

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

fishermen’s contingency fund

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

fisheries finance program account

Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2012, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and may not 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, $57,884,000: Provided, That the Secretary of Commerce shall establish a task force on job repatriation and manufacturing growth and shall produce a report on related incentive strategies and implementation plans.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, $14,970,000, 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.), $26,946,000.CommentsClose CommentsPermalink

General Provisions--Department of Commerce

(including rescission)

Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.CommentsClose CommentsPermalink





Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902).CommentsClose CommentsPermalink





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.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. (a) For purposes of this section--CommentsClose CommentsPermalink





(1) the term ‘Under Secretary’ means Under Secretary of Commerce for Oceans and Atmosphere;CommentsClose CommentsPermalink





(2) the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives;CommentsClose CommentsPermalink





(3) the term ‘satellite’ means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration (NOAA);CommentsClose CommentsPermalink





(4) the term ‘development’ means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in NOAA Administrative Order 216-108, Department of Commerce Administrative Order 208-3, and NASA’s Procedural Requirements 7120.5c, dated March 22, 2005;CommentsClose CommentsPermalink





(5) the term ‘development cost’ means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program;CommentsClose CommentsPermalink





(6) the term ‘life-cycle cost’ means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control;CommentsClose CommentsPermalink





(7) the term ‘major program’ means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000; andCommentsClose CommentsPermalink





(8) the term ‘baseline’ means the program as set following contract award and preliminary design review of the space and ground systems.CommentsClose CommentsPermalink





(b)(1) NOAA shall not enter into a contract for development of a major program, unless the Under Secretary determines that--CommentsClose CommentsPermalink





(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;CommentsClose CommentsPermalink





(B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment;CommentsClose CommentsPermalink





(C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce;CommentsClose CommentsPermalink





(D) the program has demonstrated a high likelihood of accomplishing its intended goals; andCommentsClose CommentsPermalink





(E) the acquisition of satellites for use in the program represents a good value to accomplishing NOAA’s mission.CommentsClose CommentsPermalink





(2) The Under Secretary shall transmit a report describing the basis for the determination required under paragraph (1) to the appropriate congressional committees at least 30 days before entering into a contract for development under a major program.CommentsClose CommentsPermalink





(3) The Under Secretary may not delegate the determination requirement under this subsection, except in cases in which the Under Secretary has a conflict of interest.CommentsClose CommentsPermalink





(c)(1) Annually, at the same time as the President’s annual budget submission to the Congress, the Under Secretary shall transmit to the appropriate congressional committees a report that includes the information required by this section for the satellite development program for which NOAA proposes to expend funds in the subsequent fiscal year. The report under this paragraph shall be known as the Major Program Annual Report.CommentsClose CommentsPermalink





(2) The first Major Program Annual Report for NOAA’s satellite development program shall include a Baseline Report that shall, at a minimum, include--CommentsClose CommentsPermalink





(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;CommentsClose CommentsPermalink





(B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed;CommentsClose CommentsPermalink





(C) the schedule for development, including key program milestones;CommentsClose CommentsPermalink





(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); andCommentsClose CommentsPermalink





(E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program.CommentsClose CommentsPermalink





(3) For the major program for which a Baseline Report has been submitted, subsequent Major Program Annual Reports shall describe any changes to the information that had been provided in the Baseline Report, and the reasons for those changes.CommentsClose CommentsPermalink





(d)(1) The individual identified under subsection (c)(2)(E) shall immediately notify the Under Secretary any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible, the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more.CommentsClose CommentsPermalink





(2) Not later than 30 days after the notification required under paragraph (1), the individual identified under subsection (c)(2)(E) shall transmit to the Under Secretary a written notification explaining the reasons for the change in the cost of the program for which notification was provided under paragraph (1).CommentsClose CommentsPermalink





(3) Not later than 15 days after the Under Secretary receives a written notification under paragraph (2), the Under Secretary shall transmit the notification to the appropriate congressional committees.CommentsClose CommentsPermalink





(e) Not later than 30 days after receiving a written notification under subsection (d)(2), the Under Secretary shall determine whether the development cost of the program has exceeded the estimate provided in the Baseline Report of the program by 20 percent or more. If the determination is affirmative, the Under Secretary shall--CommentsClose CommentsPermalink





(1) transmit to the appropriate congressional committees, not later than 15 days after making the determination, a report that includes--CommentsClose CommentsPermalink





(A) a description of the increase in cost and a detailed explanation for the increase;CommentsClose CommentsPermalink





(B) a description of actions taken or proposed to be taken in response to the cost increase; andCommentsClose CommentsPermalink





(C) a description of any impacts the cost increase, or the actions described under subparagraph (B), will have on any other program within NOAA; andCommentsClose CommentsPermalink





(2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum--CommentsClose CommentsPermalink





(A) the projected cost and schedule for completing the program if current requirements of the program are not modified;CommentsClose CommentsPermalink





(B) the projected cost and the schedule for completing the program after instituting the actions described under paragraph (1)(B); andCommentsClose CommentsPermalink





(C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.CommentsClose CommentsPermalink





(f) NOAA shall complete an analysis initiated under paragraph (2) not later than 6 months after the Under Secretary makes a determination under this subsection. The Under Secretary shall transmit the analysis to the appropriate congressional committees not later than 30 days after its completion.CommentsClose CommentsPermalink





Sec. 106. Notwithstanding any other law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms or organizations are authorized pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949, as amended, on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.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

(rescission)

Sec. 109. All balances in the Coastal Zone Management Fund, whether unobligated or unavailable, are hereby permanently rescinded, and notwithstanding Section 308(b) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456a), any future payments to the Fund made pursuant to sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 1456a) of the Coastal Zone Management Act of 1972, as amended, shall, in this fiscal year and any future fiscal years, be treated in accordance with the Federal Credit Reform Act of 1990, as amended.CommentsClose CommentsPermalink





Sec. 110. There is established in the Treasury a non-interest bearing fund to be known as the ‘Fisheries Enforcement Asset Forfeiture Fund’, which shall consist of all sums received as fines, penalties, and forfeitures of property for violations of any provisions of 16 U.S.C. ch. 38 or of any other marine resource law enforced by the Secretary of Commerce, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) and with the exception of collections pursuant to 16 U.S.C. 1437, which are currently deposited in the Operations, Research, and Facilities account: Provided, That all unobligated balances that have been collected pursuant to 16 U.S.C. 1861 or any other marine resource law enforced by the Secretary of Commerce with the exception of 16 U.S.C. 1437 shall be transferred from the Operations, Research, and Facilities account into the Fisheries Enforcement Asset Forfeiture Fund and shall remain available until expended.CommentsClose CommentsPermalink





Sec. 111. There is established in the Treasury a non-interest bearing fund to be known as the ‘Sanctuaries Enforcement Asset Forfeiture Fund’, which shall consist of all sums received as fines, penalties, and forfeitures of property for violations of any provisions of 16 U.S.C. ch. 38, which are currently deposited in the Operations, Research, and Facilities account: Provided, That all unobligated balances that have been collected pursuant to 16 U.S.C. 1437 shall be transferred from the Operations, Research, and Facilities account into the Sanctuaries Enforcement Asset Forfeiture Fund and shall remain available until expended.CommentsClose CommentsPermalink





Sec. 112. The Department of Commerce shall notify the Committee 15 days in advance of any planned official travel to China by any employee of the U.S. Department of Commerce, including the purpose of such travel.CommentsClose CommentsPermalink





This title may be cited as the ‘Department of Commerce Appropriations Act, 2012’.CommentsClose CommentsPermalink

TITLE II--DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For expenses necessary for the administration of the Department of Justice, $72,338,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended.CommentsClose CommentsPermalink

justice information sharing technology

For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $44,307,000, to remain available until expended.CommentsClose CommentsPermalink

law enforcement wireless communications

For the costs of developing and implementing communications systems supporting Federal law enforcement and for the costs of operations and maintenance of existing communications systems, $99,800,000, 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 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

administrative review and appeals

(including transfer of funds)

For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $300,084,000, 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, $1,515,626,000, to remain available until expended: Provided, That the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That not to exceed $20,000,000 shall be considered ‘funds appropriated for State and local law enforcement assistance’ pursuant to 18 U.S.C. 4013(b).CommentsClose CommentsPermalink

office of inspector general

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

United States Parole Commission

salaries and expenses

For necessary expenses of the United States Parole Commission as authorized, $12,833,000.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, $841,767,000, 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 $10,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to reimburse the Office of Personnel Management for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended.CommentsClose CommentsPermalink





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, $162,844,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $108,000,000 in fiscal year 2012), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2012, so as to result in a final fiscal year 2012 appropriation from the general fund estimated at $54,844,000.CommentsClose CommentsPermalink

salaries and expenses, united states attorneys

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $1,930,135,000: Provided, That of the total amount appropriated, not to exceed $8,000 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 each United States Attorney shall establish a task force on human trafficking.CommentsClose CommentsPermalink

united states trustee system fund

For necessary expenses of the United States Trustee Program, as authorized, $219,442,000, 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, $219,442,000 of offsetting collections pursuant to 28 U.S.C. 589a(b) shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 2012, so as to result in a final fiscal year 2012 appropriation from the Fund estimated at $0.CommentsClose CommentsPermalink

salaries and expenses, foreign claims settlement commission

For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,113,000.CommentsClose CommentsPermalink

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, of which not to exceed $10,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $11,000,000 is 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, $11,456,000: 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 28 U.S.C. 524(c)(1)(B), (F), and (G), $20,948,000, to be derived from the Department of Justice Assets Forfeiture Fund.CommentsClose CommentsPermalink

United States Marshals Service

salaries and expenses

For necessary expenses of the United States Marshals Service, $1,123,511,000, of which not to exceed $6,000 shall be available for official reception and representation expenses and 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, $10,625,000, to remain available until expended.CommentsClose CommentsPermalink

National Security Division

salaries and expenses

For expenses necessary to carry out the activities of the National Security Division, $87,762,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended.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, $527,512,000, 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, $7,994,991,000, of which not to exceed $150,000,000 shall remain available until expended: Provided, That not to exceed $205,000 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; $80,982,000, 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 28 U.S.C. 530C; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $1,975,658,000; of which not to exceed $75,000,000 shall remain available until expended and not to exceed $100,000 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 and of the operation and maintenance of secure work environment facilities and secure networking capabilities, $10,000,000, 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, 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, $1,112,542,000, of which not to exceed $40,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $10,000,000 shall remain available until expended: Provided, That no funds appropriated herein or hereafter shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, That no funds appropriated herein or hereafter shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to 27 CFR 478.118 or to change the definition of ‘Curios or relics’ in 27 CFR 478.11 or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994: Provided further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That, hereafter, no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments: Provided further, That, during the current fiscal year and in each fiscal year thereafter, no funds appropriated under this or any other Act may be used to disclose part or all of the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any information required to be kept by licensees pursuant to section 923(g) of title 18, United States Code, or required to be reported pursuant to paragraphs (3) and (7) of such section, except to: (1) a Federal, State, local, or tribal law enforcement agency, or a Federal, State, or local prosecutor; or (2) a foreign law enforcement agency solely in connection with or for use in a criminal investigation or prosecution; or (3) a Federal agency for a national security or intelligence purpose; unless such disclosure of such data to any of the entities described in (1), (2) or (3) of this proviso would compromise the identity of any undercover law enforcement officer or confidential informant, or interfere with any case under investigation; and no person or entity described in (1), (2) or (3) shall knowingly and publicly disclose such data; and all such data shall be immune from legal process, shall not be subject to subpoena or other discovery, shall be inadmissible in evidence, and shall not be used, relied on, or disclosed in any manner, nor shall testimony or other evidence be permitted based on the data, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of chapter 44 of such title, or a review of such an action or proceeding; except that this proviso shall not be construed to prevent: (A) the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer (as defined in section 921(a)(9) of such title) and licensed manufacturer (as defined in section 921(a)(10) of such title); (B) the sharing or exchange of such information among and between Federal, State, local, or foreign law enforcement agencies, Federal, State, or local prosecutors, and Federal national security, intelligence, or counterterrorism officials; or (C) the publication of annual statistical reports on products regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, including total production, importation, and exportation by each licensed importer (as so defined) and licensed manufacturer (as so defined), or statistical aggregate data regarding firearms traffickers and trafficking channels, or firearms misuse, felons, and trafficking investigations: Provided further, That, hereafter, no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: Provided further, That, hereafter, no funds made available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code: Provided further, That, hereafter, no funds authorized or made available under this or any other Act may be used to deny any application for a license under section 923 of title 18, United States Code, or renewal of such a license due to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license, and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986.CommentsClose CommentsPermalink

Federal Prison System

salaries and expenses

(including transfer of funds)

For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,312,410,000: 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 $6,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2013: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities.CommentsClose CommentsPermalink

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, $98,957,000, to remain available until expended, of which not less than $73,769,000 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 section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase (not to exceed five for replacement only) and hire of passenger motor vehicles.CommentsClose CommentsPermalink

limitation on administrative expenses, federal prison industries, incorporated

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

State and Local Law Enforcement Activities

Office on Violence Against Women

violence against women prevention and prosecution programs

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (‘the 1968 Act’); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (‘the 1994 Act’); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386) (‘the 2000 Act’); and the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162) (‘the 2005 Act’); and for related victims services, $437,663,000, to remain available until expended: Provided, That except as otherwise provided by law, not to exceed 3 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided--CommentsClose CommentsPermalink





(1) $210,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act, of which--CommentsClose CommentsPermalink





(A) $18,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the 1994 Act; andCommentsClose CommentsPermalink





(B) $3,000,000 shall be 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





(2) $55,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act;CommentsClose CommentsPermalink





(3) $20,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act;CommentsClose CommentsPermalink





(4) $41,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act;CommentsClose CommentsPermalink





(5) $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





(6) $41,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;CommentsClose CommentsPermalink





(7) $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





(8) $11,663,000 is for the safe havens for children program, as authorized by section 1301 of the 2000 Act;CommentsClose CommentsPermalink





(9) $5,750,000 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





(10) $1,000,000 is for analysis and research on violence against Indian women, as authorized by section 904 of the 2005 Act;CommentsClose CommentsPermalink





(11) $3,000,000 is for an engaging men and youth in prevention program, as authorized by section 41305 of the 1994 Act;CommentsClose CommentsPermalink





(12) $3,500,000 is for services to advocate and respond to youth, as authorized by section 41201 of the 1994 Act;CommentsClose CommentsPermalink





(13) $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





(14) $2,500,000 is for the Supporting Teens through Education and Protection program, as authorized by section 41204 of the 1994 Act;CommentsClose CommentsPermalink





(15) $5,000,000 is for the court training and improvements program, as authorized by section 41002 of the 1994 Act;CommentsClose CommentsPermalink





(16) $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





(17) $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





(18) $20,000,000 is for management and administration of programs under this heading.CommentsClose CommentsPermalink

Office of Justice Programs

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 Juvenile Justice and Delinquency Prevention Act of 1974 (‘the 1974 Act’); subtitle D of title II of the Homeland Security Act of 2002 (Public Law 107-296) (‘the 2002 Act’); and other programs, $182,585,000, to remain available until expended, of which--CommentsClose CommentsPermalink





(1) $46,585,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act;CommentsClose CommentsPermalink





(2) $41,000,000 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) $25,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act; andCommentsClose CommentsPermalink





(4) $70,000,000 is for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act.CommentsClose CommentsPermalink

state and local law enforcement assistance

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (‘the 1994 Act’); the Omnibus Crime Control and Safe Streets Act of 1968 (‘the 1968 Act’); the Victims of Child Abuse Act of 1990 (Public Law 101-647) (‘the 1990 Act’); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164) (‘the 2005 Act’); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) (‘the Adam Walsh Act’); the NICS Improvement Amendments Act of 2007 (Public Law 110-180); the Second Chance Act of 2007 (Public Law 110-199); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110-403); the Juvenile Justice and Delinquency Prevention Act of 1974 (‘the 1974 Act’); and other programs, $1,048,985,000, to remain available until expended as follows--CommentsClose CommentsPermalink





(1) $357,265,000 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 for research targeted toward developing a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective intervention and prevention; $6,000,000 is for activities related to comprehensive criminal justice reform and recidivism reduction efforts by States; and $4,000,000 is for grants for law enforcement activities associated with the presidential nominating conventions;CommentsClose CommentsPermalink





(2) $25,730,000 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





(3) $15,000,000 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





(4) $2,000,000 for the purposes described in the Missing Alzheimer’s Disease Patient Alert Program (section 240001 of the 1994 Act);CommentsClose CommentsPermalink





(5) $10,500,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106-386 and for programs authorized under the 2005 Act;CommentsClose CommentsPermalink





(6) $40,000,000 for drug courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act;CommentsClose CommentsPermalink





(7) $7,000,000 for a program to monitor prescription drugs and scheduled listed chemical products;CommentsClose CommentsPermalink





(8) $12,500,000 for prison rape prevention and prosecution and other programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108-79);CommentsClose CommentsPermalink





(9) $15,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act;CommentsClose CommentsPermalink





(10) $1,000,000 for grants for wrongful conviction review;CommentsClose CommentsPermalink





(11) $9,960,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110-416);CommentsClose CommentsPermalink





(12) $41,500,000 for assistance to Indian tribes, of which--CommentsClose CommentsPermalink





(A) $8,300,000 shall be available for grants under section 20109 of subtitle A of title II of the 1994 Act;CommentsClose CommentsPermalink





(B) $20,750,000 shall be available for the Tribal Courts Initiative;CommentsClose CommentsPermalink





(C) $9,960,000 shall be available for tribal alcohol and substance abuse reduction assistance grants; andCommentsClose CommentsPermalink





(D) $2,490,000 shall be available for training and technical assistance and civil and criminal legal assistance as authorized by title I of Public Law 106-559;CommentsClose CommentsPermalink





(13) $4,000,000 for economic, high technology and Internet crime prevention grants, including as authorized by section 401 of Public Law 110-403;CommentsClose CommentsPermalink





(14) $6,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act;CommentsClose CommentsPermalink





(15) $24,900,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I of the 1968 Act, of which $1,500,000 is for related research, testing, and evaluation programs;CommentsClose CommentsPermalink





(16) $5,000,000 for grants to assist State and tribal governments, as authorized by the NICS Improvements Amendments Act of 2007;CommentsClose CommentsPermalink





(17) $6,000,000 for the National Criminal History Improvement Program for grants to upgrade criminal records;CommentsClose CommentsPermalink





(18) $70,000,000 for offender re-entry programs, as authorized by the Second Chance Act of 2007;CommentsClose CommentsPermalink





(19) $40,000,000 for programs authorized by section 221 of the 1974 Act and for training and technical assistance to assist small, non-profit organizations with the Federal grants process;CommentsClose CommentsPermalink





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





(21) $15,000,000 for programs authorized by the 1990 Act;CommentsClose CommentsPermalink





(22) $15,000,000 for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act;CommentsClose CommentsPermalink





(23) $133,630,000 for DNA-related and forensic programs and activities, of which--CommentsClose CommentsPermalink





(A) $125,330,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities including the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog Grant Program);CommentsClose CommentsPermalink





(B) $4,150,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program (section 412 of Public Law 108-405); andCommentsClose CommentsPermalink





(C) $4,150,000 is for Sexual Assault Forensic Exam Program Grants, as authorized by section 304 of Public Law 108-405;CommentsClose CommentsPermalink





(24) $20,000,000 for improving tribal law enforcement, including equipment and training;CommentsClose CommentsPermalink





(25) $9,000,000 to assist State and local law enforcement to locate, arrest and prosecute child sexual predators and exploiters, and to enforce sex offender registration laws; andCommentsClose CommentsPermalink





(26) $80,000,000 for management and administration of programs within the Office of Justice Programs:CommentsClose CommentsPermalink





Provided, That not more than 10 percent of the amounts provided in paragraphs (19) through (21) under this heading 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 the amounts provided in paragraphs (19) through (21) may be used for training and technical assistance.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), to remain available until expended; and $16,300,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to ‘Public Safety Officer Benefits’ from available appropriations for the current fiscal year for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.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, 2013, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002, Public Law 107-296 (28 U.S.C. 599B) without limitation on the number of employees or the positions covered.CommentsClose CommentsPermalink





Sec. 207. Notwithstanding any other provision of law, Public Law 102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct of undercover investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives that is necessary for the detection or prosecution of crimes against the United States.CommentsClose CommentsPermalink





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 any information technology project having total estimated development costs exceeding $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 controls 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. (a) Within 60 days of enactment of this Act, the Attorney General shall report to the Committees on Appropriations of the House of Representatives and the Senate a cost and schedule estimate for the final operating capability of the Federal Bureau of Investigation’s Sentinel program, including the costs of Bureau employees engaged in development work, the costs of operating and maintaining Sentinel for two years after achievement of the final operating capability, and a detailed list of the functionalities included in the final operating capability compared to the functionalities included in the previous program baseline.CommentsClose CommentsPermalink





(b) The report described in subsection (a) shall be submitted concurrently to the Department of Justice Office of Inspector General (OIG) and, within 60 days of receiving such report, the OIG shall provide an assessment of such report to the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink





Sec. 214. 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 title under the headings ‘Research, Evaluation and Statistics’ and ‘State and Local Law Enforcement Assistance’--CommentsClose CommentsPermalink





(1) up to 3 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used to provide training and technical assistance; andCommentsClose CommentsPermalink





(2) up to 1 percent of funds made available to such Office for formula grants under such headings may be used for research, evaluation, or statistical programs administered by the National Institute of Justice or the Bureau of Justice Statistics, pursuant to, respectively, sections 201, 202, 301 and 302 of title I of Public Law 90-351.CommentsClose CommentsPermalink





Sec. 215. The Attorney General may, upon request by a grantee and based upon a determination of fiscal hardship, waive the requirements of sections 2976(g)(1), 2978(e)(1) and (2), and 2904 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1), 3797w-2(e)(1) and (2), 3797q-3) with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2010 through 2012 for Adult and Juvenile Offender State and Local Reentry Demonstration Projects and State, Tribal, and Local Reentry Courts authorized under part FF of title I of such Act of 1968, and the Prosecution Drug Treatment Alternatives to Prison Program authorized under part CC of such Act.CommentsClose CommentsPermalink





Sec. 216. (a) The Attorney General shall submit quarterly reports to the Inspector General of the Department of Justice regarding the costs and contracting procedures relating to each conference held by the Department of Justice during fiscal year 2010 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 of Justice in evaluating potential contractors for that conference.CommentsClose CommentsPermalink





Sec. 217. For purposes of the allocation under section 505(d)(1) of title I of Public Law 90-351 (42 U.S.C. 3755(d)(1)) for fiscal year 2012, the Attorney General is authorized to waive the application of section 505(e)(3) (42 U.S.C. 3755(e)(3)) to any non-reporting unit of local government that--CommentsClose CommentsPermalink





(1) was eligible to receive an allocation under section 505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B));CommentsClose CommentsPermalink





(2) agrees to begin to report timely data on part I violent crimes of the Uniform Crime Reports to the Federal Bureau of Investigation by not later than the end of such fiscal year; andCommentsClose CommentsPermalink





(3) does so begin in accordance with such agreement.CommentsClose CommentsPermalink





Sec. 218. Notwithstanding any other provision of law, section 20109(a), in subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709(a)), shall not apply to amounts made available by this Act.CommentsClose CommentsPermalink





Sec. 219. Section 1761 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘non-Federal’ in subsection (c)(1);CommentsClose CommentsPermalink





(2) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink





(3) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(d) This section shall not apply to goods, wares, or merchandise manufactured, produced, mined or assembled by convicts or prisoners who are participating in any pilot project approved by the FPI Board of Directors, which are currently, or would otherwise be, manufactured, produced, mined, or assembled outside the United States.’.CommentsClose CommentsPermalink





This title may be cited as the ‘Department of Justice Appropriations Act, 2012’.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 (42 U.S.C. 6601-6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $3,000,000.CommentsClose CommentsPermalink

National Aeronautics and Space Administration

science

For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,504,000,000, to remain available until September 30, 2013, of which up to $10,000,000 shall be available for a reimbursable agreement with the Department of Energy for the purpose of re-establishing facilities to produce fuel required for radioisotope thermoelectric generators to enable future missions: Provided, That NASA shall implement the recommendations of the most recent National Research Council planetary decadal survey and shall follow the decadal survey’s recommended decision rules regarding program implementation, including a strict adherence to the recommendation that NASA include in a balanced program a flagship class mission if such mission can be appropriately de-scoped and accommodated within the overall funding levels appropriated by Congress.CommentsClose CommentsPermalink

aeronautics

For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $569,930,000, to remain available until September 30, 2013.CommentsClose CommentsPermalink

space technology

For necessary expenses, not otherwise provided for, in the conduct and support of space research and technology development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $375,000,000, to remain available until September 30, 2013.CommentsClose CommentsPermalink

exploration

For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,649,000,000, to remain available until September 30, 2013: Provided, That not less than $1,063,000,000 shall be for the multipurpose crew vehicle to continue existing vehicle development activities to meet the requirements described in paragraph (a)(1) of section 303 of Public Law 111-267, and not less than $1,985,000,000 shall be for the heavy lift launch vehicle system which shall have a lift capability not less than 130 tons and which shall have an upper stage and other core elements developed simultaneously.CommentsClose CommentsPermalink

space operations

For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $4,064,000,000, to remain available until September 30, 2013.CommentsClose CommentsPermalink

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, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $138,000,000, to remain available until September 30, 2013.CommentsClose CommentsPermalink

cross agency support

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $70,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,050,000,000, to remain available until September 30, 2013, of which $1,000,000 shall be transferred to ‘National Aeronautics and Space Administration, Office of Inspector General’ and used by the Inspector General to commission a comprehensive independent assessment of NASA’s strategic direction and agency management.CommentsClose CommentsPermalink

construction and environmental compliance and restoration

For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $424,000,000, to remain available until September 30, 2017: Provided, That hereafter, notwithstanding section 315 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2459j), all proceeds from leases entered into under that section shall be deposited into this account and shall be available for a period of 5 years, to the extent provided in annual appropriations Acts: Provided further, That such proceeds shall be available for obligation for fiscal year 2012 in an amount not to exceed $3,960,000: Provided further, That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 315 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2459j): Provided further, That 51 U.S.C. 20145(b)(1) is amended by inserting ‘(A)’ before ‘A person’ and by adding at the end thereof the following new subparagraph (B) as follows:CommentsClose CommentsPermalink





‘(B) Notwithstanding subparagraph (A), the Administrator may accept in-kind consideration for leases entered into for the purpose of developing renewable energy production facilities.’.CommentsClose CommentsPermalink

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $36,327,000, of which $500,000 shall remain available until September 30, 2013.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





The amounts made available in this Act for each account under the heading ‘National Aeronautics and Space Administration’ shall be for the programs, projects, and activities, and in the amounts, specified for such account in the table under the heading ‘National Aeronautics and Space Administration’ in the report accompanying this Act.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 (or, in the case of ‘Construction and Environmental Compliance and Restoration’, 15 percent) by any such transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink





Section 1105 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18431), is amended by striking ‘The Administrator may not’ and all that follows through ‘inefficiency.’.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 40902 of title 51, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Availability of Funds- The interest accruing from the National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund principal shall be available in fiscal year 2012 for the purpose of the Endeavor Science Teacher Certificate Program.’.CommentsClose CommentsPermalink





The spending plan required by section 537 of this Act shall be provided by NASA at the theme, program, project and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink

National Science Foundation

research and related activities

For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to establish a National Medal of Science (42 U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $5,606,964,000, to remain available until September 30, 2013, of which not to exceed $550,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation.CommentsClose CommentsPermalink

major research equipment and facilities construction

For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including authorized travel, $100,000,000, to remain available until expended: Provided, That none of the funds may be used to reimburse the Judgment Fund.CommentsClose CommentsPermalink

education and human resources

For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109, authorized travel, and rental of conference rooms in the District of Columbia, $835,000,000, to remain available until September 30, 2013.CommentsClose CommentsPermalink

agency operations and award management

For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $299,400,000: Provided, That contracts may be entered into under this heading in fiscal year 2012 for maintenance and operation of facilities and for other services to be provided during the next fiscal year.CommentsClose CommentsPermalink

office of the national science board

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), $4,531,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink

office of inspector general

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, $13,972,000.CommentsClose CommentsPermalink

administrative provision

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 15 percent by any such transfers. Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.CommentsClose CommentsPermalink





This title may be cited as the ‘Science Appropriations Act, 2012’.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, $8,000,000: 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 (Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; and not to exceed $30,000,000 for payments to State and local enforcement agencies for authorized services to the Commission, $366,568,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds: Provided further, That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission.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 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $81,696,000, to remain available until expended.CommentsClose CommentsPermalink

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, $300,000,000, of which $274,400,000 is for basic field programs and required independent audits; $4,200,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $17,000,000 is for management and grants oversight; $3,400,000 is for client self-help and information technology; and $1,000,000 is for loan repayment assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by 5 U.S.C. 5304, notwithstanding section 1005(d) of the Legal Services Corporation Act, 42 U.S.C. 2996(d).CommentsClose CommentsPermalink

administrative provision--legal services corporation

None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105-119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2011 and 2012, respectively.CommentsClose CommentsPermalink

Marine Mammal Commission

salaries and expenses

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

Office of the United States Trade Representative

salaries and expenses

For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $51,251,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink

State Justice Institute

salaries and expenses

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain available until September 30, 2013: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.CommentsClose CommentsPermalink

TITLE V--GENERAL PROVISIONS

(including rescissions)

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 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.CommentsClose CommentsPermalink





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. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.CommentsClose CommentsPermalink





Sec. 506. During the current fiscal year and in each fiscal year thereafter, 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. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation.CommentsClose CommentsPermalink





(b) The report described in subsection (a) shall be submitted within thirty days of the end of the first quarter of fiscal year 2012, and subsequent reports shall be submitted within thirty days of the end of each quarter thereafter.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. Hereafter, 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 section 922(t) of title 18, United States Code; orCommentsClose CommentsPermalink





(2) any system to implement section 922(t) of title 18, United States Code, that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 hours after the system advises a Federal firearms licensee that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law.CommentsClose CommentsPermalink





Sec. 512. None of the funds made available in this Act may be used to pay the salaries and expenses of personnel of the Department of Justice to obligate more than $705,000,000 during fiscal year 2012 from the fund established by section 1402 of chapter XIV of title II of Public Law 98-473 (42 U.S.C. 10601).CommentsClose CommentsPermalink





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) For fiscal year 2012 and thereafter, 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 website 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 section 552(b) of title 5, United States Code; andCommentsClose CommentsPermalink





(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, hereafter, 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, hereafter, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin ‘curios or relics’ firearms, parts, or ammunition.CommentsClose CommentsPermalink





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 respective 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 (50 U.S.C. 414) during fiscal year 2012 until the enactment of the Intelligence Authorization Act for fiscal year 2012.CommentsClose CommentsPermalink





Sec. 526. The Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet websites--CommentsClose CommentsPermalink





(1) a direct link to the Internet websites of their Offices of Inspectors General; andCommentsClose CommentsPermalink





(2) a mechanism on the Offices of Inspectors General website by which individuals may anonymously report cases of waste, fraud, or abuse with respect to those Departments, agencies, and commissions.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

(rescissions)

Sec. 528. (a) Of the unobligated balances available to the Department of Commerce, the following funds are hereby rescinded, not later than September 30, 2012, from the following accounts in the specified amounts--CommentsClose CommentsPermalink





(1) ‘National Telecommunications and Information Administration, Information Infrastructure Grants’, $2,000,000;CommentsClose CommentsPermalink





(2) ‘National Telecommunications and Information Administration, Public Telecommunications Facilities, Planning and Construction’, $2,750,000; andCommentsClose CommentsPermalink





(3) ‘National Oceanic and Atmospheric Administration, Foreign Fishing Observer Fund’, $350,000.CommentsClose CommentsPermalink





(b) Of the amounts made available under section 3010 of the Deficit Reduction Act of 2005 (47 U.S.C. 309 note), $4,300,000 in unobligated balances is hereby rescinded.CommentsClose CommentsPermalink





(c) Of the unobligated balances available to the Department of Justice from prior appropriations, the following funds are hereby rescinded, not later than September 30, 2012, from the following accounts in the specified amounts--CommentsClose CommentsPermalink





(1) ‘Working Capital Fund’, $40,500,000;CommentsClose CommentsPermalink





(2) ‘Legal Activities, Assets Forfeiture Fund’, $675,500,000;CommentsClose CommentsPermalink





(3) ‘United States Marshals Service, Salaries and Expenses’, $7,200,000;CommentsClose CommentsPermalink





(4) ‘Federal Bureau of Investigation, Construction’, $93,000,000;CommentsClose CommentsPermalink





(5) ‘Drug Enforcement Administration, Salaries and Expenses’, $30,000,000;CommentsClose CommentsPermalink





(6) ‘Federal Prison System, Buildings and Facilities’, $110,000,000;CommentsClose CommentsPermalink





(7) ‘State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs’, $5,000,000;CommentsClose CommentsPermalink





(8) ‘State and Local Law Enforcement Activities, Office of Justice Programs’, $42,600,000; andCommentsClose CommentsPermalink





(9) ‘State and Local Law Enforcement Activities, Community Oriented Policing Services’, $10,200,000.CommentsClose CommentsPermalink





(d) Within 30 days of enactment of this Act, the Department of Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the amount of each rescission made pursuant to subsection (c).CommentsClose CommentsPermalink





(e) Of the unobligated balances available to the National Aeronautics and Space Administration from prior appropriations, $30,000,000 is hereby rescinded.CommentsClose CommentsPermalink





(f) The rescissions contained in subsection (c) shall not apply to funds provided in this Act.CommentsClose CommentsPermalink





Sec. 529. 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. 530. 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, unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States.CommentsClose CommentsPermalink





Sec. 531. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who--CommentsClose CommentsPermalink





(1) is not a United States citizen or a member of the Armed Forces of the United States; andCommentsClose CommentsPermalink





(2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.CommentsClose CommentsPermalink





Sec. 532. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.CommentsClose CommentsPermalink





(b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink





(c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who--CommentsClose CommentsPermalink





(1) is not a citizen of the United States or a member of the Armed Forces of the United States; andCommentsClose CommentsPermalink





(2) is--CommentsClose CommentsPermalink





(A) in the custody or under the effective control of the Department of Defense; orCommentsClose CommentsPermalink





(B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.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. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, and the National Science Foundation shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate within 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink





Sec. 538. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration or the Office of Science and Technology Policy to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act.CommentsClose CommentsPermalink





(b) The limitation in subsection (a) shall also apply to any funds used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by the National Aeronautics and Space Administration.CommentsClose CommentsPermalink





Sec. 539. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if--CommentsClose CommentsPermalink





(1) all other requirements of law with respect to the proposed importation are met; andCommentsClose CommentsPermalink





(2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.CommentsClose CommentsPermalink





Sec. 540. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months.CommentsClose CommentsPermalink





Sec. 541. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.CommentsClose CommentsPermalink





Sec. 542. None of the funds made available by this Act may be used to require a person licensed under section 923 of title 18, United States Code, to report information to the Department of Justice regarding the sale of multiple rifles or shotguns to the same person.CommentsClose CommentsPermalink

(rescissions)

Sec. 543. (a) There is hereby rescinded an amount equal to 0.1 percent of--CommentsClose CommentsPermalink





(1) the budget authority provided by this Act for fiscal year 2012 for any discretionary account of this Act; andCommentsClose CommentsPermalink





(2) the budget authority provided in any advance appropriation for fiscal year 2012 for any discretionary account in any prior year Commerce, Justice, Science, and Related Agencies Appropriation Act.CommentsClose CommentsPermalink





(b) Any rescission made by subsection (a) shall be applied proportionately--CommentsClose CommentsPermalink





(1) to each discretionary account and each item of budget authority described in such subsection; andCommentsClose CommentsPermalink





(2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in this Act or the accompanying joint statement of managers covering such account or item).CommentsClose CommentsPermalink





(c) This section shall not apply to the budget authority provided by this Act for ‘National Oceanic and Atmospheric Administration--Operations, Research, and Facilities’.CommentsClose CommentsPermalink





(d) Within 30 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section.CommentsClose CommentsPermalink

spending reduction account

Sec. 544. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $8,000,000.CommentsClose CommentsPermalink





This Act may be cited as the ‘Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012’.CommentsClose CommentsPermalink

Union Calendar No. 113CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2596CommentsClose CommentsPermalink

[Report No. 112-169]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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

July 20, 2011CommentsClose CommentsPermalink

Committed to the Committee of the Whole House on the State of the Union and ordered to be printedCommentsClose CommentsPermalink