[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2596 Reported in House (RH)]

                                                 Union Calendar No. 113
112th CONGRESS
  1st Session
                                H. R. 2596

                          [Report No. 112-169]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2011

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

_______________________________________________________________________

                                 A BILL


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


 


    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:

                    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.

                    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.

                  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.

                         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.

                  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.

                   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.

                          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.

                     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.

       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.

                      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.

             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.

                     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.

                  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.

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

               procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $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.

                    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.

                      fishermen's contingency fund

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

                   fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2012, obligations of direct loans may not exceed 
$24,000,000 for Individual Fishing Quota loans and 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.

                        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.

        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.

                      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.

               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.
    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this Act or any other law 
appropriating funds for the Department of Commerce.
    Sec. 104.  Any costs incurred by a department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 105. (a) For purposes of this section--
            (1) the term ``Under Secretary'' means Under Secretary of 
        Commerce for Oceans and Atmosphere;
            (2) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Appropriations and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                    (B) the Committee on Appropriations and the 
                Committee on Science, Space and Technology of the House 
                of Representatives;
            (3) the term ``satellite'' means the satellites proposed to 
        be acquired for the National Oceanic and Atmospheric 
        Administration (NOAA);
            (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;
            (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;
            (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;
            (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; and
            (8) the term ``baseline'' means the program as set 
        following contract award and preliminary design review of the 
        space and ground systems.
    (b)(1) NOAA shall not enter into a contract for development of a 
major program, unless the Under Secretary determines that--
                    (A) the technical, cost, and schedule risks of the 
                program are clearly identified and the program has 
                developed a plan to manage those risks;
                    (B) the technologies required for the program have 
                been demonstrated in a relevant laboratory or test 
                environment;
                    (C) the program complies with all relevant 
                policies, regulations, and directives of NOAA and the 
                Department of Commerce;
                    (D) the program has demonstrated a high likelihood 
                of accomplishing its intended goals; and
                    (E) the acquisition of satellites for use in the 
                program represents a good value to accomplishing NOAA's 
                mission.
            (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.
            (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.
    (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.
            (2) The first Major Program Annual Report for NOAA's 
        satellite development program shall include a Baseline Report 
        that shall, at a minimum, include--
                    (A) the purposes of the program and key technical 
                characteristics necessary to fulfill those purposes;
                    (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;
                    (C) the schedule for development, including key 
                program milestones;
                    (D) the plan for mitigating technical, cost, and 
                schedule risks identified in accordance with subsection 
                (b)(1)(A); and
                    (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.
            (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.
    (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.
            (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).
            (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.
    (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--
            (1) transmit to the appropriate congressional committees, 
        not later than 15 days after making the determination, a report 
        that includes--
                    (A) a description of the increase in cost and a 
                detailed explanation for the increase;
                    (B) a description of actions taken or proposed to 
                be taken in response to the cost increase; and
                    (C) a description of any impacts the cost increase, 
                or the actions described under subparagraph (B), will 
                have on any other program within NOAA; and
            (2) if the Under Secretary intends to continue with the 
        program, promptly initiate an analysis of the program, which 
        shall include, at a minimum--
                    (A) the projected cost and schedule for completing 
                the program if current requirements of the program are 
                not modified;
                    (B) the projected cost and the schedule for 
                completing the program after instituting the actions 
                described under paragraph (1)(B); and
                    (C) a description of, and the projected cost and 
                schedule for, a broad range of alternatives to the 
                program.
    (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.
    Sec. 106.  Notwithstanding any other law, the Secretary may furnish 
services (including but not limited to utilities, telecommunications, 
and security services) necessary to support the operation, maintenance, 
and improvement of space that persons, firms or organizations are 
authorized pursuant to the Public Buildings Cooperative Use Act of 1976 
or other authority to use or occupy in the Herbert C. Hoover Building, 
Washington, DC, or other buildings, the maintenance, operation, and 
protection of which has been delegated to the Secretary from the 
Administrator of General Services pursuant to the Federal Property and 
Administrative Services Act of 1949, as amended, on a reimbursable or 
non-reimbursable basis. Amounts received as reimbursement for services 
provided under this section or the authority under which the use or 
occupancy of the space is authorized, up to $200,000, shall be credited 
to the appropriation or fund which initially bears the costs of such 
services.
    Sec. 107.  Nothing in this title shall be construed to prevent a 
grant recipient from deterring child pornography, copyright 
infringement, or any other unlawful activity over its networks.
    Sec. 108.  The 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.

                              (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.
    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.
    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.
    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.
     This title may be cited as the ``Department of Commerce 
Appropriations Act, 2012''.

                    TITLE II--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $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.

                 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.

                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.

                   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.

                           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).

                      office of inspector general

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

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $12,833,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $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.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $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.

             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.

                   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.

      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.

                     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.

           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.

                         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.

                     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.

                              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.

                       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.

                      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.

                    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.

                              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.

                    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.

                              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.

          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.

                         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.

                        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.

                federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Victims of 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--
            (1) $210,000,000 is for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which--
                    (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; and
                    (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;
            (2) $55,000,000 is for grants to encourage arrest policies 
        as authorized by part U of the 1968 Act;
            (3) $20,000,000 is for sexual assault victims assistance, 
        as authorized by section 41601 of the 1994 Act;
            (4) $41,000,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (5) $9,500,000 is for grants to reduce violent crimes 
        against women on campus, as authorized by section 304 of the 
        2005 Act;
            (6) $41,000,000 is for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (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;
            (8) $11,663,000 is for the safe havens for children 
        program, as authorized by section 1301 of the 2000 Act;
            (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;
            (10) $1,000,000 is for analysis and research on violence 
        against Indian women, as authorized by section 904 of the 2005 
        Act;
            (11) $3,000,000 is for an engaging men and youth in 
        prevention program, as authorized by section 41305 of the 1994 
        Act;
            (12) $3,500,000 is for services to advocate and respond to 
        youth, as authorized by section 41201 of the 1994 Act;
            (13) $3,000,000 is for grants to assist children and youth 
        exposed to violence, as authorized by section 41303 of the 1994 
        Act;
            (14) $2,500,000 is for the Supporting Teens through 
        Education and Protection program, as authorized by section 
        41204 of the 1994 Act;
            (15) $5,000,000 is for the court training and improvements 
        program, as authorized by section 41002 of the 1994 Act;
            (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;
            (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; and
            (18) $20,000,000 is for management and administration of 
        programs under this heading.

                       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--
            (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;
            (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;
            (3) $25,000,000 is for regional information sharing 
        activities, as authorized by part M of title I of the 1968 Act; 
        and
            (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.

               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--
            (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;
            (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;
            (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);
            (4) $2,000,000 for the purposes described in the Missing 
        Alzheimer's Disease Patient Alert Program (section 240001 of 
        the 1994 Act);
            (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;
            (6) $40,000,000 for drug courts, as authorized by section 
        1001(a)(25)(A) of title I of the 1968 Act;
            (7) $7,000,000 for a program to monitor prescription drugs 
        and scheduled listed chemical products;
            (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);
            (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;
            (10) $1,000,000 for grants for wrongful conviction review;
            (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);
            (12) $41,500,000 for assistance to Indian tribes, of 
        which--
                    (A) $8,300,000 shall be available for grants under 
                section 20109 of subtitle A of title II of the 1994 
                Act;
                    (B) $20,750,000 shall be available for the Tribal 
                Courts Initiative;
                    (C) $9,960,000 shall be available for tribal 
                alcohol and substance abuse reduction assistance 
                grants; and
                    (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;
            (13) $4,000,000 for economic, high technology and Internet 
        crime prevention grants, including as authorized by section 401 
        of Public Law 110-403;
            (14) $6,000,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (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;
            (16) $5,000,000 for grants to assist State and tribal 
        governments, as authorized by the NICS Improvements Amendments 
        Act of 2007;
            (17) $6,000,000 for the National Criminal History 
        Improvement Program for grants to upgrade criminal records;
            (18) $70,000,000 for offender re-entry programs, as 
        authorized by the Second Chance Act of 2007;
            (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;
            (20) $83,000,000 for youth mentoring grants;
            (21) $15,000,000 for programs authorized by the 1990 Act;
            (22) $15,000,000 for anti-methamphetamine-related 
        activities, which shall be transferred to the Drug Enforcement 
        Administration upon enactment of this Act;
            (23) $133,630,000 for DNA-related and forensic programs and 
        activities, of which--
                    (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);
                    (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); and
                    (C) $4,150,000 is for Sexual Assault Forensic Exam 
                Program Grants, as authorized by section 304 of Public 
                Law 108-405;
            (24) $20,000,000 for improving tribal law enforcement, 
        including equipment and training;
            (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; and
            (26) $80,000,000 for management and administration of 
        programs within the Office of Justice Programs:
         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.

                     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.

               General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $50,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 202.  None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 203.  None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 204.  Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 206.  The Attorney General is authorized to extend through 
September 30, 2013, the Personnel Management Demonstration Project 
transferred to the Attorney General pursuant to section 1115 of the 
Homeland Security Act of 2002, Public Law 107-296 (28 U.S.C. 599B) 
without limitation on the number of employees or the positions covered.
    Sec. 207.  Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives that is necessary for the detection or 
prosecution of crimes against the United States.
    Sec. 208.  None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 210.  None of the funds made available under this title shall 
be obligated or expended for any 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.
    Sec. 211.  The notification thresholds and procedures set forth in 
section 505 of this Act shall apply to deviations from the amounts 
designated for specific activities in this Act and accompanying 
statement, and to any use of deobligated balances of funds provided 
under this title in previous years.
    Sec. 212.  None of the funds appropriated by this Act may be used 
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular 
A-76 or any successor administrative regulation, directive, or policy 
for work performed by employees of the Bureau of Prisons or of Federal 
Prison Industries, Incorporated.
    Sec. 213. (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.
    (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.
    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''--
            (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; and
            (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.
    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.
    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.
    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
            (1) a description of the subject of and number of 
        participants attending that conference;
            (2) a detailed statement of the costs to the Government 
        relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that conference; and
            (3) a description of the contracting procedures relating to 
        that conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted 
                by the Department of Justice in evaluating potential 
                contractors for that conference.
    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--
            (1) was eligible to receive an allocation under section 
        505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B));
            (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; 
        and
            (3) does so begin in accordance with such agreement.
    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.
    Sec. 219.  Section 1761 of title 18, United States Code, is 
amended--
            (1) by striking ``non-Federal'' in subsection (c)(1);
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(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.''.
     This title may be cited as the ``Department of Justice 
Appropriations Act, 2012''.

                           TITLE III--SCIENCE

                Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601-6671), hire of passenger motor vehicles, and services as 
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 
reception and representation expenses, and rental of conference rooms 
in the District of Columbia, $3,000,000.

             National Aeronautics and Space Administration

                                science

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

                              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.

                            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.

                              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.

                            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.

                               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.

                          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.

       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:
            ``(B) Notwithstanding subparagraph (A), the Administrator 
        may accept in-kind consideration for leases entered into for 
        the purpose of developing renewable energy production 
        facilities.''.

                      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.

                       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.
    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.
    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.
    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.''.
    The unexpired balances of previous accounts, for activities for 
which funds are provided under this Act, may be transferred to the new 
accounts established in this Act that provide such activity. Balances 
so transferred shall be merged with the funds in the newly established 
accounts, but shall be available under the same terms, conditions and 
period of time as previously appropriated.
    Section 40902 of title 51, United States Code, is amended by adding 
at the end the following:
    ``(d) Availability of Funds.--The interest accruing from the 
National Aeronautics and Space Administration Endeavor Teacher 
Fellowship Trust Fund principal shall be available in fiscal year 2012 
for the purpose of the Endeavor Science Teacher Certificate Program.''.
    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.

                      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.

          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.

                     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.

                 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.

                  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.

                      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.

                        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.
     This title may be cited as the ``Science Appropriations Act, 
2012''.

                       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.

                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.

                     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.

                       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).

          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.

                        Marine Mammal Commission

                         salaries and expenses

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

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$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.

                        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.

                      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.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 504.  If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 505. 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.
    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).
    Sec. 507.  If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 508. (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.
    (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.
    Sec. 509.  Any costs incurred by a department or agency funded 
under this Act resulting from, or to prevent, personnel actions taken 
in response to funding reductions included in this Act shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 510.  None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco products, 
or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products, except 
for restrictions which are not applied equally to all tobacco or 
tobacco products of the same type.
    Sec. 511.  Hereafter, none of the funds appropriated pursuant to 
this Act or any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of section 922(t) of title 18, United States 
        Code; or
            (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.
    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).
    Sec. 513.  None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 514.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 515.  Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) 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:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes, or models of 
        firearms are used for illicit purposes. The firearms selected 
        do not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are 
        normally traced to the first retail seller, and sources 
        reported for firearms traced do not necessarily represent the 
        sources or methods by which firearms in general are acquired 
        for use in crime.
    Sec. 517. (a) The Inspectors General of the Department of Commerce, 
the Department of Justice, the National Aeronautics and Space 
Administration, the National Science Foundation, and the Legal Services 
Corporation shall conduct audits, pursuant to the Inspector General Act 
(5 U.S.C. App.), of grants or contracts for which funds are 
appropriated by this Act, and shall submit reports to Congress on the 
progress of such audits, which may include preliminary findings and a 
description of areas of particular interest, within 180 days after 
initiating such an audit and every 180 days thereafter until any such 
audit is completed.
    (b) Within 60 days after the date on which an audit described in 
subsection (a) by an Inspector General is completed, the Secretary, 
Attorney General, Administrator, Director, or President, as 
appropriate, shall make the results of the audit available to the 
public on the Internet website maintained by the Department, 
Administration, Foundation, or Corporation, respectively. The results 
shall be made available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft 
        or for other inappropriate or unlawful purposes.
    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) Any person awarded a grant or contract funded by amounts 
appropriated by this Act shall submit a statement to the Secretary of 
Commerce, the Attorney General, the Administrator, Director, or 
President, as appropriate, certifying that no funds derived from the 
grant or contract will be made available through a subcontract or in 
any other manner to another person who has a financial interest in the 
person awarded the grant or contract.
    (e) The provisions of the preceding subsections of this section 
shall take effect 30 days after the date on which the Director of the 
Office of Management and Budget, in consultation with the Director of 
the Office of Government Ethics, determines that a uniform set of rules 
and requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    Sec. 518.  None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 519.  None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 520. (a) Notwithstanding any other provision of law or treaty, 
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.
    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and
            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.
    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in 
the United States or return to Canada for a Canadian citizen.
    (d) The President may require export licenses under this section on 
a temporary basis if the President determines, upon publication first 
in the Federal Register, that the Government of Canada has implemented 
or maintained inadequate import controls for the articles specified in 
subsection (a), such that a significant diversion of such articles has 
and continues to take place for use in international terrorism or in 
the escalation of a conflict in another nation. The President shall 
terminate the requirements of a license when reasons for the temporary 
requirements have ceased.
    Sec. 521.  Notwithstanding any other provision of law, 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.
    Sec. 522.  None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the 
text of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-
        Morocco Free Trade Agreement.
    Sec. 523.  None of the funds made available in this Act may be used 
to authorize or issue a national security letter in contravention of 
any of the following laws authorizing the Federal Bureau of 
Investigation to issue national security letters: The Right to 
Financial Privacy Act; The Electronic Communications Privacy Act; The 
Fair Credit Reporting Act; The National Security Act of 1947; USA 
PATRIOT Act; and the laws amended by these Acts.
    Sec. 524.  If at any time during any quarter, the program manager 
of a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased 
by 10 percent, the program manager shall immediately inform the 
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.
    Sec. 525.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2012 until the enactment of the Intelligence 
Authorization Act for fiscal year 2012.
    Sec. 526.  The Departments, agencies, and commissions funded under 
this Act, shall establish and maintain on the homepages of their 
Internet websites--
            (1) a direct link to the Internet websites of their Offices 
        of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General 
        website by which individuals may anonymously report cases of 
        waste, fraud, or abuse with respect to those Departments, 
        agencies, and commissions.
    Sec. 527.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.

                             (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--
            (1) ``National Telecommunications and Information 
        Administration, Information Infrastructure Grants'', 
        $2,000,000;
            (2) ``National Telecommunications and Information 
        Administration, Public Telecommunications Facilities, Planning 
        and Construction'', $2,750,000; and
            (3) ``National Oceanic and Atmospheric Administration, 
        Foreign Fishing Observer Fund'', $350,000.
    (b) Of the amounts made available under section 3010 of the Deficit 
Reduction Act of 2005 (47 U.S.C. 309 note), $4,300,000 in unobligated 
balances is hereby rescinded.
    (c) Of the unobligated balances available to the Department of 
Justice from prior appropriations, the following funds are hereby 
rescinded, not later than September 30, 2012, from the following 
accounts in the specified amounts--
            (1) ``Working Capital Fund'', $40,500,000;
            (2) ``Legal Activities, Assets Forfeiture Fund'', 
        $675,500,000;
            (3) ``United States Marshals Service, Salaries and 
        Expenses'', $7,200,000;
            (4) ``Federal Bureau of Investigation, Construction'', 
        $93,000,000;
            (5) ``Drug Enforcement Administration, Salaries and 
        Expenses'', $30,000,000;
            (6) ``Federal Prison System, Buildings and Facilities'', 
        $110,000,000;
            (7) ``State and Local Law Enforcement Activities, Office on 
        Violence Against Women, Violence Against Women Prevention and 
        Prosecution Programs'', $5,000,000;
            (8) ``State and Local Law Enforcement Activities, Office of 
        Justice Programs'', $42,600,000; and
            (9) ``State and Local Law Enforcement Activities, Community 
        Oriented Policing Services'', $10,200,000.
    (d) Within 30 days of enactment of this Act, the Department of 
Justice shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the amount of 
each rescission made pursuant to subsection (c).
    (e) Of the unobligated balances available to the National 
Aeronautics and Space Administration from prior appropriations, 
$30,000,000 is hereby rescinded.
    (f) The rescissions contained in subsection (c) shall not apply to 
funds provided in this Act.
    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.
    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.
    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--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 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.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
    Sec. 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.
    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.
    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:
            (1) Details on future action the department, agency, or 
        instrumentality will take to resolve undisbursed balances in 
        expired grant accounts.
            (2) The method that the department, agency, or 
        instrumentality uses to track undisbursed balances in expired 
        grant accounts.
            (3) Identification of undisbursed balances in expired grant 
        accounts that may be returned to the Treasury of the United 
        States.
            (4) In the preceding 3 fiscal years, details on the total 
        number of expired grant accounts with undisbursed balances (on 
        the first day of each fiscal year) for the department, agency, 
        or instrumentality and the total finances that have not been 
        obligated to a specific project remaining in the accounts.
    Sec. 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.
    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.
    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.
    (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.
    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--
            (1) all other requirements of law with respect to the 
        proposed importation are met; and
            (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.
    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.
    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.
    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.

                             (rescissions)

    Sec. 543. (a) There is hereby rescinded an amount equal to 0.1 
percent of--
            (1) the budget authority provided by this Act for fiscal 
        year 2012 for any discretionary account of this Act; and
            (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.
    (b) Any rescission made by subsection (a) shall be applied 
proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in such subsection; and
            (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).
    (c) This section shall not apply to the budget authority provided 
by this Act for ``National Oceanic and Atmospheric Administration--
Operations, Research, and Facilities''.
    (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.

                       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.
     This Act may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2012''.
                                                 Union Calendar No. 113

112th CONGRESS

  1st Session

                               H. R. 2596

                          [Report No. 112-169]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 20, 2011

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