[House Report 112-169]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-169

======================================================================

 
 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2012

                                _______
                                

 July 20, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

            Mr. Wolf, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2596]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for Commerce, Justice, Science, and related 
agencies for the fiscal year ending September 30, 2012, and for 
other purposes.

                        INDEX TO BILL AND REPORT

                                                            Page Number

                                                            Bill Report
Title I--Department of Commerce............................     2
                                                                      8
Title II--Department of Justice............................    30
                                                                     45
Title III--Science.........................................    66
                                                                     67
        Office of Science and Technology Policy............    66
                                                                     67
        National Aeronautics and Space Administration......    67
                                                                     68
        National Science Foundation........................    75
                                                                     81
Title IV--Related Agencies.................................    79
                                                                     87
        Commission on Civil Rights.........................    79
                                                                     87
        Equal Employment Opportunity Commission............    79
                                                                     87
        International Trade Commission.....................    80
                                                                     87
        Legal Services Corporation.........................    80
                                                                     88
        Marine Mammal Commission...........................    82
                                                                     89
        Office of the United States Trade Representative...    82
                                                                     89
        State Justice Institute............................    82
                                                                     89
Title V--General Provisions................................    83
                                                                     90

                              Bill Totals

    The Committee recommends a total of $50,557,000,000 for the 
departments and agencies funded in this bill for fiscal year 
2012, including $50,229,000,000 in discretionary budget 
authority. This level of discretionary budget authority is 
$7,441,684,000, or 13 percent, below the budget request; 
$3,098,000,000, or 6 percent, below the amount available to the 
departments and agencies funded in this bill for fiscal year 
2011; and $1,574,000,000, or 3 percent below the pre-Stimulus 
funding levels appropriated in fiscal year 2008.
    The funding allocation for the fiscal year 2012 bill 
reflects the critical need to rein in government expenditures 
in the face of record-high deficits. Spending reductions are an 
essential component of putting the Nation on the path of 
economic recovery, job creation and financial security. 
According to the Congressional Budget Office, the national 
public debt is now set to eclipse the Gross Domestic Product 
within the next decade. Reductions in discretionary spending 
such as those included in the Committee recommendation are one 
part of the overall effort that will be required to avoid 
economic crisis. The Committee has proposed an unprecedented 
number of program terminations, reductions and other savings 
for fiscal year 2012. The Committee recommendation includes 
more than $1,400,000,000 in program terminations. Combined with 
other reductions in the bill these terminations will result in 
a net total of $7,441,684,000 in savings compared to the 
amounts requested in the President's budget, and a net total of 
$3,098,000,000 in savings compared with fiscal year 2011.

                      Oversight and Budget Review

    During its review of the fiscal year 2012 budget request 
and execution of appropriations for fiscal year 2011, the 
Subcommittee on Commerce, Justice, Science, and Related 
Agencies held 20 budget and oversight hearings. In addition to 
receiving testimony from Administration officials representing 
the departments and agencies funded in this bill, the Committee 
received testimony from expert witnesses, Members of Congress 
and 41 public witnesses. The Committee hearings are listed 
below:


                         Hearing                           Hearing Date

Department of Justice Inspector General.................        2/9/2011
Department of Commerce Inspector General................        2/9/2011
National Aeronautics and Space Administration Inspector        2/10/2011
 General................................................
National Science Foundation Inspector General...........       2/10/2011
Prisoner Reentry Expert Witnesses.......................       2/11/2011
Attorney General........................................        3/1/2011
Patent and Trademark Office Director....................        3/2/2011
National Aeronautics and Space Administration                   3/3/2011
 Administrator..........................................
National Science Foundation Director....................       3/10/2011
Members-Outside Witnesses...............................       3/11/2011
Bureau of Prisons Director..............................       3/15/2011
Drug Enforcement Administration Administrator...........       3/16/2011
Secretary of Commerce...................................       3/17/2011
Office of Justice Programs Administrator................       3/29/2011
National Oceanic and Atmospheric Administration                 4/1/2011
 Administrator..........................................
Legal Service Corporation President and Board Member....        4/5/2011
U.S. Trade Representative...............................        4/5/2011
Federal Bureau of Investigation Director................        4/6/2011
National Institute of Standards and Technology Director.        4/7/2011
Office of Science and Technology Policy Director........        5/4/2011


    As part of the Committee's oversight and analysis of the 
annual budget request from the Administration, the Committee 
submitted a number of requests for additional information and 
written questions to be answered by the departments and 
agencies in support of the underlying budget request. These 
materials are important for the Committee in conducting 
oversight and making funding recommendations. In furtherance of 
this oversight responsibility, the Committee has examined the 
capability of the major agencies funded in this bill to provide 
information on the status of balances of appropriations, 
including amounts that are unobligated and uncommitted; 
committed to contracts, grants or other planned obligations; 
and obligated but unexpended. The Committee found that the 
agencies cannot, in all cases, provide a comprehensive picture 
of the status of balances.
    Of particular concern, with the exception of the National 
Aeronautics and Space Administration (NASA), the agencies could 
not report on the age of no-year balances by year of 
appropriation. As a result, it is not possible to tell whether 
uncommitted or unobligated balances derive from the immediately 
prior fiscal year or from appropriations enacted two, three or 
more years earlier. The source year of carryover is important. 
If balances have languished in agency accounts for multiple 
fiscal years it is a symptom, at best, of administrative 
inefficiency. Of more concern, it may suggest that the 
Committee was asked to provide appropriations in excess of the 
amount required to accomplish program purposes. Given the 
importance of the source year of balances to accurate budget 
execution, the Committee directs agencies to take the necessary 
administrative actions (including, when necessary, the 
reconfiguration of internal accounting systems) to capture and 
routinely report this information.
    The Committee also found that agencies within the 
Departments of Commerce and Justice do not consistently use 
their financial management systems to record amounts committed 
to contracts, grants and other planned obligations. Such 
information is an important indicator of agency budget 
execution progress.
    To obtain better information on the status of 
appropriations balances, the Committee has revised a general 
provision (section 508) carried in previous years. As revised, 
the general provision requires detailed quarterly reports from 
the Departments of Commerce and Justice, NASA, and the National 
Science Foundation (NSF) on the status of funds for unobligated 
balances, commitments and obligations, including the source 
year, or obligation year, of balances. The Committee expects 
that agency reports will show the status of balances at the 
appropriation account level, as well as at budget activity or 
other lower levels where such levels are reflected in the 
Committee's report accompanying an appropriations act.

                      Major Themes and Initiatives

    In the context of reducing overall discretionary spending 
in this bill, the Committee's funding recommendations focus 
resources on the areas of highest priority, reflecting the 
Committee's assessment of national priorities and ongoing 
challenges.
    Law enforcement and national security.--Defending national 
security from both internal and external threats remains the 
Department of Justice's highest priority. This bill 
demonstrates a commitment to providing essential technological 
and human capital to detect, disrupt and deter threats to our 
national security. The bill provides $8.1 billion for the 
Federal Bureau of Investigation, the full amount requested. 
Program increases total $131 million, including improvements in 
surveillance, terrorist screening, and Weapons of Mass 
Destruction response.
    American innovation and competitiveness.--As stated in the 
Rising Above the Gathering Storm report of the National 
Research Council, healthy levels of investment in scientific 
research are the key to long-term economic growth that exceeds 
population growth. These investments lead to innovation and 
improve the competitiveness of American businesses, leading, in 
turn, to positive impacts on the quality of life for all 
Americans. The bill includes $6.9 billion for the National 
Science Foundation, including an increase of $43 million above 
fiscal year 2011 for basic scientific research, and $701 
million for research and standards work at the National 
Institute of Standards and Technology, including $128 million 
for Manufacturing Extension Partnerships to increase the 
competitiveness of the Nation's manufacturers. An efficient 
patent process is also critical for innovation and economic 
growth. The bill provides $2.7 billion for the Patent and 
Trademark Office, the full estimate of fee collections for 
fiscal year 2012. Finally, the bill includes over $1 billion 
for science, technology, engineering and math (STEM) education 
programs across NSF, NASA, the National Institute of Standards 
and Technology (NIST) and the National Oceanic and Atmospheric 
Administration (NOAA).
    Enhancing trade opportunities while ensuring national 
security.--Also critical to the Nation's economic growth and 
security are efforts to increase American exports and enhance 
trade compliance and enforcement. The bill includes increases 
above fiscal year 2011 for the International Trade 
Administration and the Office of the U.S. Trade Representative. 
In addition, the bill includes $100 million for the Bureau of 
Industry and Security to ensure that sensitive U.S. dual-use 
goods and technologies are not misused by proliferators, 
terrorists and others working contrary to our national security 
interests.

                   Committee Recommendation by Title

    Department of Commerce.--In Title I of the bill, for the 
Department of Commerce, the Committee recommends a total of 
$7.1 billion in discretionary budget authority, a decrease of 
$464 million below fiscal year 2011, and $1.7 billion below the 
request. Highlights of the Committee's recommendation include:
           $460.1 for the International Trade 
        Administration, an increase of $10 million above fiscal 
        year 2011;
           $2.7 billion for the Patent and Trademark 
        Office, which is equal to the amount of fee collections 
        estimated by the Congressional Budget Office, and an 
        increase of $588 million, or 28 percent, above fiscal 
        year 2011;
           $701 million for the National Institute of 
        Standards and Technology, including an increase of $10 
        million above fiscal year 2011 for scientific and 
        technical research, and $128.4 million for 
        Manufacturing Extension Partnerships; and
           $4.5 billion for the National Oceanic and 
        Atmospheric Administration, including an increase of 
        $429.5 million above fiscal year 2011 for the Joint 
        Polar Satellite System to ensure the continuity of 
        critical weather forecasting capabilities.
    Department of Justice.--In title II of the bill, for the 
Department of Justice, the Committee recommends a total of $26 
billion in discretionary budget authority, a decrease of $1 
billion below fiscal year 2011 and $2.4 billion below the 
budget request. Highlights of the Committee's recommendation 
include:
           $8.1 billion for the Federal Bureau of 
        Investigation, including $131 million in new national 
        security and criminal enforcement initiatives;
           $2 billion for the Drug Enforcement 
        Administration, including an enhancement of $31 million 
        for prescription drug abuse regulatory and enforcement 
        initiatives;
           $6.4 billion for the Bureau of Prisons, an 
        increase of $30 million above fiscal year 2011 to 
        address overcrowded conditions in Federal prisons; and
           $1.7 billion for State and local law 
        enforcement assistance, including $438 million for 
        violence against women prevention and prosecution 
        programs.
    Science.--In title III of the bill, the Committee 
recommends a total of $23.7 billion, a decrease of $1.6 billion 
below fiscal year 2011 and $2.8 billion below the budget 
request. Highlights of the Committee's recommendation include:
           $6.9 billion for the National Science 
        Foundation, including an increase of $43 million for 
        basic scientific research; and
           $16.8 billion for the National Aeronautics 
        and Space Administration, including funding above the 
        request for the recently-authorized space exploration 
        crew vehicle and launch system.
    Related agencies.--In title IV of the bill, the Committee 
recommends a total of $816 million, a decrease of $102 million 
below fiscal year 2011 and $176 million below the budget 
request. Highlights of the Committee's recommendation include:
           $300 million for the Legal Services 
        Corporation, a decrease of $104 million below fiscal 
        year 2011; and
           $367 million for the Equal Employment 
        Opportunity Commission, which is the same as fiscal 
        year 2011.

                   Cybersecurity at Federal Agencies

    The security of Federal agency computer information systems 
is essential to protecting national and economic security as 
well as public safety. Safeguarding such systems and the 
information they contain has been on the Government 
Accountability Office's (GAO) list of high-risk areas since 
1997. Risks to such systems include escalating and emerging 
threats from around the globe, which are further heightened by 
steady advances in the sophistication of attack technology and 
the ease of obtaining and using hacking tools.
    The Committee directs each department and agency funded in 
this bill to submit an annual report to the Committee 
describing the cyber attacks and attempted cyber attacks 
against such department or agency and their consequences; the 
steps taken to prevent, mitigate or otherwise respond to such 
attacks; and the cybersecurity policies and procedures in 
place, including policies about ensuring safe use of computer 
and mobile devices by individual employees. The report shall 
include a description of all outreach efforts undertaken to 
increase awareness among employees and contractors of 
cybersecurity risks. The Committee expects each department and 
agency to submit the first annual cybersecurity report, as 
described above, by January 15, 2012.

                   Eliminating Waste, Fraud and Abuse

    Drawing on findings of the offices of inspector general, 
the GAO, and the Committee's surveys and investigations staff, 
as well as information elicited through an extensive hearing 
process, the Committee has taken active steps to address 
mismanagement, including waste, fraud and abuse, through its 
oversight and funding of agency programs.
    The Committee began its fiscal year 2012 hearing schedule 
by hearing testimony from the Inspectors General of the 
Department of Justice, the Department of Commerce, NASA and 
NSF. The Committee recommendations included in this report make 
reference to their findings and recommendations, and in some 
cases make further recommendations for the inspectors general 
to investigate new matters. The Committee appreciates the 
assistance of these offices in eliminating waste, fraud and 
abuse, and improving efficiency of agency operations.

               Reprogramming and Spending Plan Procedures

    Section 505 of the bill contains language concerning the 
reprogramming of funds between programs and activities. The 
reprogramming process is based on comity between the Congress 
and the Executive branch. This process is intended to provide 
departments and agencies sufficient flexibility to meet 
changing circumstances and emergent requirements not known at 
the time of Congressional review of the budget while preserving 
Congressional priorities and intent.
    The Committee expects that each department and agency 
funded in this bill shall follow the directions set forth in 
this bill and the accompanying report, and shall not reallocate 
resources or reorganize activities except as provided herein. 
Reprogramming procedures shall apply to funds provided in this 
bill, unobligated balances from previous appropriations Acts 
that are available for obligation or expenditure in fiscal year 
2012, and non-appropriated resources such as fee collections 
that are used to meet program requirements in fiscal year 2012. 
As specified in section 505, the Committee expects that the 
Appropriations Subcommittees on Commerce, Justice, Science and 
Related Agencies of the House and Senate will be notified by 
letter a minimum of 15 days prior to any 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.
    Any reprogramming request shall include any out-year 
budgetary impacts and a separate accounting of program or 
mission impacts on estimated carryover funds. The Committee 
further expects any department or agency funded in this bill 
which plans a reduction-in-force to notify by letter the 
Committee 30 days in advance of the date of any such planned 
personnel action.

           Relationship with Budget and Comptroller's Offices

    Through the years the Appropriations Committee has 
channeled most of its inquiries and requests for information 
and assistance through the budget offices or comptroller 
organizations of the various departments, agencies and 
commissions. Such relationships are necessary to the 
accomplishment of the work of the Committee. While the 
Committee reserves the right to call upon all organizations in 
the departments, agencies and commissions for information and 
assistance, the primary contact between the Committee and these 
entities must be through the budget offices and comptroller 
organizations, or through a legislative affairs unit designated 
by the Committee to work on appropriations and budget matters.
    The workload generated in the budget process is large and 
growing, and therefore, a positive, responsive relationship 
between the Committee and the budget and/or comptroller offices 
is essential for the Committee to fulfill the Constitutional 
appropriations responsibilities of the Congress.

                       Report on Certain Products

    The Committee directs the Departments of Commerce and 
Justice, NASA and NSF to provide a report listing manufactured 
products, and their cost, that are purchased on a regular basis 
by or on behalf of such departments and agencies that are not 
currently manufactured in the United States. An interim report 
is required no later than 180 days after enactment of this Act, 
with a final report due no later than February 1, 2012. The 
final report shall also be provided to the President's 
Manufacturing Council and to the Director of the National 
Institute of Standards and Technology's Manufacturing Extension 
Partnership program.

                                TITLE I


                         DEPARTMENT OF COMMERCE


                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

    The Committee recommends $460,106,000 in total resources 
for the programs of the International Trade Administration 
(ITA), which is $10,000,000 above fiscal year 2011 and 
$65,985,000 below the request. This amount is offset by 
$9,439,000 in estimated fee collections, resulting in a direct 
appropriation of $450,667,000.
    National Export Initiative.--The Committee expects that 
increased resources provided above the fiscal year 2011 level 
will support components of the National Export Initiative (NEI) 
request for fiscal year 2012. The recommendation includes 
funding in support of the NEI aimed at enhancing the 
competitiveness of U.S. companies and creating jobs in the U.S. 
by increasing U.S. exports. The Committee directs the 
Department to continue efforts to expand U.S. exports, 
including through the NEI, and encourages ITA to ensure that it 
is providing adequate support and services for women-, 
minority- and veteran-owned firms that are seeking assistance 
in gaining access to foreign markets for their products and 
services. The Committee recognizes that these firms possess 
tremendous economic potential if they participate more actively 
and effectively in export markets. As such, the Committee urges 
ITA to conduct outreach and promotional activities to such 
firms to enable them to assist in our trade goals of creating 
jobs and increasing exports.
    Manufacturing and Services.--The Committee recommends 
$48,854,000 for manufacturing and services activities.
    Market Access and Compliance.--The Committee recommends 
$42,623,000 for market access and compliance activities.
    Import Administration (IA).--The Committee recommends 
$67,358,000 for import administration.
    China Anti-dumping and Countervailing Duty Activities.--The 
Committee designates funding of no less than $7,000,000 for the 
Office of China Compliance, and no less than $4,400,000 for the 
China Countervailing Duty Group within IA. According to May 
2011 Government Accountability Office (GAO) testimony on 
antidumping and countervailing duties, recent data indicate 
that uncollected duties from fiscal year 2001 to 2010 have 
grown to over $1 billion, with five products from China 
accounting for 84 percent of uncollected duties. ITA is 
directed to continue cooperative efforts with its U.S. 
government partners to resolve issues surrounding the 
collection of these duties and report to the Committee by 
November 2, 2011, on progress made in deploying a system for 
tracking Commerce's liquidation instructions to the U.S. 
Customs and Border Protection.
    Commercial Law Development Program.--The recommendation 
does not include requested funding and bill language related to 
the Commercial Law Development Program (CLDP). The goal of the 
CLDP program is to assist developing countries in the creation 
of transparent legal systems and fair regulations to enable 
them to comply with international trade obligations. As CLDP is 
a foreign assistance program, it falls under the jurisdiction 
of the State, Foreign Operations, and Related Programs 
Subcommittee. Requests for additional foreign assistance 
funding are more appropriately made through the Department of 
State to that subcommittee.
    Trade Promotion and the U.S. & Foreign Commercial 
Service.--The Committee recommends $264,910,000 for trade 
promotion and the U.S. & Foreign Commercial Service. This 
increase of $10,000,000 above fiscal year 2011 shall be for NEI 
programs.
    Vacant overseas positions.--ITA is requesting $24,606,000, 
an increase of $320,000, to pay its International Cooperative 
Administrative Support Services (ICASS) bill in fiscal year 
2012. These funds are reimbursed to the State Department for 
its costs associated with providing space and administrative 
services for ITA employees deployed to embassies overseas. 
However, a 2010 GAO report found that ITA continued to pay fees 
associated with positions it maintained in U.S. embassies that 
were vacant but not officially eliminated. The Committee 
directs ITA to submit a report by November 7, 2011, on efforts 
to address this concern, to include a report on the number and 
location of overseas vacant positions and efforts to either 
fill or officially remove these positions. The Committee 
expects that this report will also include an update on ITA's 
efforts to review its current embassy postings, with the goal 
of shifting personnel to emerging markets from more mature 
markets where U.S. firms have established export routes.
    Travel expenditures.--The Committee expects the Department 
to submit quarterly reports regarding the ITA's travel 
expenditures, including separate breakouts of funding, the 
number of trips, and the purposes of travel to China.
    Offsetting fee collections.--The Committee is aware that 
trade missions have increased, yet fee collections from 
participating businesses have been relatively static over the 
last several years. As a result, ITA has undertaken a review of 
the user fees it assesses against domestic firms which 
participate in overseas foreign trade missions with the ITA. 
The Committee understands that this review, which was prompted 
by a 2009 GAO report, Commerce Needs Better Information to 
Evaluate Its Fee-Based Programs and Customers, is to be 
completed by mid-summer 2011. ITA is directed to report to the 
Committee by September 12, 2011, on the results of this study 
and make recommendations for adjusting the offsetting fee 
collections in subsequent budget requests.
    Human rights training.--The Committee understands that ITA 
provides some human rights training to its foreign commercial 
service officers and foreign national employees, training about 
600 commercial service staff in 2010, representing 50 countries 
at 26 worldwide training events. The Committee further 
understands that ITA is requiring all commercial service staff 
who interact with clients but have not attended instructor-led 
classes to take an online training module during fiscal year 
2011. The Committee appreciates the efforts of ITA to ensure 
that its employees have completed this important training. The 
Committee directs ITA to submit a report by October 3, 2011, 
describing the training offered, the number and location of 
employees trained, and examples of the application of this 
training during daily activities of ITA employees. This report 
should also include the dates by which ITA intends to certify 
that all of its customer-facing foreign commercial service 
employees and foreign national employees will have participated 
in this training. The agency shall consult with the Committee 
prior to beginning this effort.
    Review of foreign trade best practices.--The Committee 
directs ITA, in collaboration with the U.S. Trade 
Representative and the International Trade Commission, to 
provide a report on the resources and support that foreign 
governments provide to their domestic companies seeking to 
export their products and services to foreign markets. This 
report should include a description of these services and a 
guide of best practices as a result of reviewing these foreign 
promotion programs. The Secretary of Commerce shall submit this 
report to the Committee by December 1, 2011, and incorporate 
findings, as appropriate, in the fiscal year 2013 budget 
requests for Commerce and ITA.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

    The Committee recommends $100,141,000 for the Bureau of 
Industry and Security (BIS), which is the same as fiscal year 
2011 and $11,046,000 below the request.
    Export controls.--According to a February 2011 GAO report, 
Export Controls, Improvements Needed to Prevent Unauthorized 
Technology Releases to Foreign Nationals in the United States, 
foreign business people, scientists, engineers, and others have 
gained unauthorized access in the United States to controlled 
dual-use technologies. However, the GAO found that Commerce's 
screening of overseas visa applications for potential 
unlicensed deemed exports dropped from 54,000 in fiscal year 
2001 to just 150 in fiscal year 2009. In addition, GAO found 
that in fiscal years 2004 to 2009, while the United States 
issued over one million specialty occupation visas in high-
technology fields to foreign nationals from 13 countries of 
concern to work in the United States, Commerce issued deemed 
export licenses authorizing transfers of technology to only 
about 3,200 foreign nationals from these countries. The 
Committee directs the Secretary of Commerce, in consultation 
with the Attorney General and the Secretary of Homeland 
Security, to provide a report to the Committee by October 3, 
2011, regarding its efforts to implement the recommendations in 
the February 2011 GAO Report.
    Export Enforcement.--The Export Enforcement program detects 
and prevents the illegal export of controlled goods and 
technology. By November 1, 2011, BIS shall provide the 
Committee with an update on its participation in the 
interagency Counter-proliferation Task Forces and its 
involvement in the Department of Justice Export Enforcement 
Initiative established in 2007.

                  Economic Development Administration

    The Committee recommends $257,924,000 for the programs and 
administrative expenses of the Economic Development 
Administration (EDA), which is $25,508,000 below fiscal year 
2011 and $67,007,000 below the request.
    Wireless Innovation Fund.--EDA requested $20,000,000 in 
mandatory appropriations in fiscal year 2012, with $20,000,000 
in each of the subsequent four fiscal years for a total of 
$100,000,000 to establish a Wireless Innovation Fund to enable 
EDA to assist communities in expanding or cultivating new 
innovation-based infrastructure. This funding is dependent on 
legislation being enacted to authorize incentive auctions that 
would reallocate Federal agency and commercial spectrum bands 
over the next ten years.

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

    The Committee recommends $220,000,000 for Economic 
Development Assistance programs, which is $25,508,000 below 
fiscal year 2011 and $64,300,000 below the request. Of the 
amounts provided, funds are to be distributed as follows; any 
deviation of funds shall be subject to the procedures set forth 
in section 505 of this Act:




Public Works..........................................      $123,280,000
Planning..............................................        31,000,000
Technical Assistance..................................         9,800,000
Research and Evaluation...............................         1,500,000
Trade Adjustment Assistance...........................        15,800,000
Economic Adjustment Assistance........................        38,620,000
                                                       -----------------
    Total.............................................       220,000,000


    Supplemental appropriations.--EDA received $150,000,000 in 
the American Recovery and Reinvestment Act, Public Law 111-5. 
As 
of May 6, 2011, while EDA has obligated all of the funds as 
required, EDA has disbursed about $88,094,000 in grant funding 
to economically distressed communities, which is only about 59 
percent of the funds provided more than three years ago. In 
addition, EDA received $100,000,000 in Public Law 110-252 and 
another $400,000,000 in Public Law 110-329 in response to 
hurricanes, floods, and other natural disasters. Of these 
amounts, EDA has spent only $87,462,000, leaving nearly 82 
percent, or $412,279,000 unspent. EDA is directed to ensure 
that these funds are expended as expeditiously as possible in a 
fiscally prudent manner and inform the Committee immediately of 
the reasons for the large unexpended balance in each region.
    Collaboration.--The Committee encourages EDA to work with 
the National Institute of Standards and Technology (NIST) 
Manufacturing Extension Partnership Program (MEP), the Minority 
Business Development Agency (MBDA), and the ITA to ensure that 
the Commerce entities involved in job creation, manufacturing 
and export programs are leveraging the resources each has to 
offer to the greatest extent possible. As part of this 
collaboration, the agencies are encouraged to make their 
respective regional organizations aware of mutually beneficial 
programs and invite representative organizations to regional 
workshops or meetings as appropriate.
    Planning.--The Committee provides $31,000,000 for Planning. 
EDA's Planning program helps support local organizations, 
including Economic Development Districts, Native American 
Indian Tribes, and other eligible entities with their long-term 
planning efforts, outreach to communities, and development of 
Comprehensive Economic Development Strategies (CEDS). These 
CEDS are designed to bring together public and private sector 
stakeholders in the creation of a regional economic roadmap to 
diversify and strengthen regional economies. The Committee is 
aware that an evaluation of this program is underway. The 
Secretary shall provide this report to the Committee upon its 
completion and provide interim briefs as necessary on its 
findings. In addition, the Secretary shall brief the Committee 
on the review of the CEDS guidance and processes which are 
being reviewed to determine better ways to communicate the 
development of a CEDS.
    Technical Assistance.--The Committee provides $9,800,000 
for Technical Assistance. The Technical Assistance program 
oversees three technical assistance programs, including the 
University Center program, which is composed of 52 University 
Centers in 42 States and the Commonwealth of Puerto Rico that 
draw on the expertise of colleges and universities to support 
job creation and economic growth in regions experiencing 
economic distress. The Committee directs EDA, in consultation 
with the Commerce Inspector General (IG), to submit a report on 
the University Center program. This report, to be submitted by 
January 27, 2012, should include a list of all participating 
colleges and universities, their length of time in the program, 
as well as a review of the effectiveness and results of each 
program using standard evaluation tools as recommended by the 
IG. This report should also provide a listing of projects and 
activities to be funded with the fiscal year 2012 
appropriation, to include administrative costs of each 
University Center. In addition, EDA shall brief the Committee 
on its work with the National Academy of Sciences to facilitate 
roundtables on State and regional innovation initiatives and 
their role in economic diversification. If appropriate, these 
roundtables should include representatives of the MEP programs 
at NIST.
    Trade Adjustment Assistance.--The Committee recommends 
$15,800,000 for Trade Adjustment Assistance (TAA). The 
Committee understands that EDA's TAA is the only trade 
adjustment assistance program that is designed to work with 
U.S. manufacturers adversely impacted by international trade 
agreements. The Committee is aware of concerns with respect to 
administrative costs of Trade Adjustment Assistance Centers 
(TAAC) and therefore directs the IG to undertake a review of 
the administrative costs of the centers and provide a report to 
the Committee by September 30, 2011. EDA shall also report to 
the Committee on the number of, and location of, firms assisted 
between fiscal year 2009 and fiscal year 2011, the results of 
this investment, and the value each TAAC adds to the process. 
Further, EDA, in collaboration with NIST, shall provide an 
overarching strategic plan for programs that invest in training 
the workforce for the manufacturing jobs of the future.
    Overlap of existing economic development programs.--Earlier 
this year, the GAO released a report on overlap in economic 
development programs among Federal agencies, including 
Commerce, the U.S. Department of Housing and Urban Development, 
the Small Business Administration, and the U.S. Department of 
Agriculture. In the fiscal year 2013 budget submission to the 
Congress, the Secretary shall certify to the Committee and 
explain how Commerce's economic development programs are unique 
and provide services that are not available elsewhere in the 
Federal government. Further, the GAO report was critical of 
EDA's reliance on potentially incomplete sets of variables and 
self-reported data to assess the effectiveness of its grant 
programs. GAO also found that EDA staff only request 
documentation or conduct site visits to validate the self-
reported data provided by grantees in limited instances. The 
Secretary, in consultation with the GAO and Commerce IG, shall 
develop a comprehensive reporting system for EDA to use in each 
of its grant program areas. This reporting system should be 
developed and presented in the fiscal year 2013 budget request.
    Repatriation grants.--The Committee urges EDA to actively 
participate in the Secretarial task force on repatriation 
referenced in the Departmental Management section of this 
report. In addition, this bill provides up to $5,000,000 in EDA 
grants to facilitate the relocation, back to the U.S., of a 
source of employment. EDA shall use its grants programs as a 
resource for encouraging U.S. companies to bring their 
services, manufacturing, and/or research and development 
activities back to economically distressed regions in the U.S. 
that have experienced declines in manufacturing or chronic 
underemployment. EDA shall leverage its regional office 
expertise and established program criteria with respect to 
determining appropriate locations for repatriated U.S. firms. 
EDA shall report to the Committee by February 1, 2012, 
regarding the implementation of this program.
    Innovative manufacturing loans.--The recommendation 
includes language that up to $5,000,000 under this heading may 
be used for Federal loan guarantees to small and medium-sized 
manufacturers for the use or production of innovative 
technologies as authorized by section 26 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721). The 
Committee believes this program has the potential to boost 
manufacturing output and create manufacturing jobs in the 
United States. In implementing this program, the Committee 
encourages EDA to give consideration to applicants from areas 
with high rates of unemployment. The Committee expects that 
such funds will come from within the amount designated in this 
report for Economic Adjustment Assistance. EDA shall report to 
the Committee in its fiscal year 2013 budget request regarding 
the implementation of this program, to include the number of 
loans provided, the amount of the loans, and the businesses 
supported. EDA shall consult with the IG prior to implementing 
this new program to ensure that EDA establishes appropriate 
oversight protocols and meets Federal Credit Reform Act 
requirements.

                         SALARIES AND EXPENSES

    The Committee recommends $37,924,000 for EDA salaries and 
expenses, which is the same as fiscal year 2011 and $2,707,000 
below the request.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

    The Committee recommends $30,339,000 for the Minority 
Business Development Agency (MBDA), which is the same as fiscal 
year 2011 and $1,983,000 below the request.
    Assistance for agricultural and manufacturing start-ups.--
The Committee notes that agricultural and manufacturing start-
up companies often face particular challenges that can impede 
their chances of success. Therefore, the Committee directs MBDA 
to focus efforts to assist agricultural and manufacturing 
start-up businesses. The Committee encourages MBDA to work with 
the MEP program at NIST and with ITA to see how their efforts 
can be better coordinated to ensure that Commerce is able to 
provide end-to-end services for start-up businesses, including 
ones that are minority-owned.
    Native American Business Development.--The Committee 
supports the efforts of the Office of Native American Business 
Development and encourages it to work more closely with the 
Senior Advisor for Native American Affairs to ensure that the 
business development needs of this community are intertwined 
with efforts to enhance economic development and trade and 
tourism for Native American tribes.

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

    The Committee recommends $97,060,000 for the Economics and 
Statistics Administration (ESA), which is the same as fiscal 
year 2011 and $15,877,000 below the request.

                          Bureau of the Census

    The Committee recommends a total of $855,348,000 for the 
Bureau of the Census, which is $294,372,000 below fiscal year 
2011 and $169,417,000 below the request.

                         SALARIES AND EXPENSES

    The Committee recommends $258,506,000 for the salaries and 
expenses of the Bureau of the Census, which is the same as 
fiscal year 2011 and $13,548,000 below the request. The 
recommendation includes requested bill language allowing funds 
provided in this account to be used for promotion, outreach and 
marketing activities given the successful use of these programs 
in the 2010 decennial census. Census intends to apply this 
authority in its monthly, quarterly, and annual surveys which 
are funded in this account. The Secretary is directed to submit 
a report to the Committee by April 1, 2012, regarding the use 
of this new authority and any benefits that have been realized.

                     PERIODIC CENSUSES AND PROGRAMS

    The Committee recommends a total of $596,842,000 for 
periodic censuses and programs, which is $294,372,000 below 
fiscal year 2011 and $155,869,000 below the request.
    Data on small population groups.--The Committee encourages 
the Census Bureau to ensure that reliable information about 
small population groups is collected and published and directs 
the Bureau to report back to the Committee within 90 days of 
enactment of this Act describing the steps it will take to 
ensure the availability and accuracy of these data.
    Best practices.--The Committee encourages the Bureau to 
develop and share its best practices and methods for outreach 
to hard-to-count communities with other Federal agencies and 
State and local governments that may benefit from this 
expertise.

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

    The Committee recommends $40,568,000 for the salaries and 
expenses of the National Telecommunications and Information 
Administration (NTIA), which is the same as fiscal year 2011 
and $15,259,000 below the request.
    Public Safety Broadband Network.--NTIA requested 
$1,400,000,000 in mandatory appropriations in fiscal year 2012, 
with the goal of establishing a $7,000,000,000 program over the 
next five years for a Public Safety Broadband Network. This 
funding is dependent on legislation being enacted to authorize 
incentive auctions that would reallocate Federal agency and 
commercial spectrum bands over the next ten years.
    Broadband Technology Opportunities Program.--The 
recommendation includes $19,988,000 in funding for 
administration expenses for the Broadband Technology 
Opportunities Program (BTOP) authorized in the American 
Recovery and Reinvestment Act. With the funds provided, NTIA 
will conduct oversight and monitoring, grant evaluation, and 
impact assessments. NTIA is directed to continue providing 
quarterly reports on BTOP and the State Broadband Data and 
Development Program. NTIA is directed to report to the 
Committee by December 12, 2011, regarding BTOP grants that have 
been returned. NTIA shall include with this a report on 
unobligated and unexpended balances.
    Spectrum interference issues.--The Committee is aware that 
NTIA and the Federal Communications Commission (FCC) are in the 
midst of a regulatory process with respect to the Global 
Positioning System and that a technical working group is 
reviewing potential interference issues. NTIA is directed to 
report to the Committee following completion of the technical 
working group activities, but no later than August 1, 2011, 
regarding the discoveries of this technical working group and 
the scientific steps necessary to address any potential 
interference concerns.
    Spectrum management.--According to an April 2011 GAO 
report, a spectrum management plan issued by NTIA in 2008 does 
not identify government-wide spectrum needs and does not 
contain key elements and best practices of strategic planning. 
One of the limitations that GAO found was that NTIA depends on 
agency self-evaluation of spectrum needs and focuses on 
interference mitigation, with limited emphasis on government-
wide spectrum management. Lacking a strategic vision, NTIA 
cannot ensure that spectrum is being used efficiently by 
Federal agencies. GAO also found that NTIA's data management 
system is antiquated and lacks internal controls to ensure the 
accuracy of agency-reported data, making it unclear if 
decisions about Federal spectrum use are based on reliable 
data. To address these concerns, NTIA, in consultation with the 
FCC, GAO and the Commerce IG, shall submit a report to the 
Committee by December 1, 2011, that updates its strategic plan, 
examines the assignment review processes to determine if the 
current approach can be improved, and establishes internal 
controls to ensure the accuracy of agency-reported data.

                      Patent and Trademark Office


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee recommends $2,706,313,000, the requested 
funding level, for the Patent and Trademark Office (PTO). The 
Congressional Budget Office (CBO) has re-estimated the fee 
collections to be $2,678,000,000. Of this amount, the CBO 
estimates $2,387,000,000 to be collected under the current fee 
structure and an additional $291,000,000 to be generated by an 
interim surcharge on patent fees, as provided in this bill. The 
spending authority provided by this bill represents an increase 
of $588,000,000, or 28 percent, above fiscal year 2011. The 
recommendation also includes language making available any 
excess fee collections above the President's request. All 
additional fees collected by the PTO during the current fiscal 
year above what is appropriated in this bill should be 
available for use only by the PTO.
    Projected fee collections.--A December 2010, Department of 
Commerce IG report, Stronger Management Controls Needed over 
USPTO's Projection of Patent Fee Collections, found that for 
fiscal years 2006 through 2009, PTO experienced significant 
disparities between projected and actual patent fee 
collections; these ranged from shortfalls of about $56.6 
million in fiscal year 2006 to $171 million in fiscal year 
2009. Further, the IG found that PTO does not have clear 
guidance or a disciplined, documented process for forecasting 
patent fee collections. According to the IG, PTO officials 
reported that keeping the overall process of developing 
projections ``fluid'' is the reason that a deliberate decision 
was made not to have mandated guidance or documentation. As a 
result, the IG reported that stakeholders may not have clear 
expectations of what the agency will be able to fund because 
the differences between the estimated and actual patent fee 
collections have fluctuated considerably. The IG also noted 
that while the aggregate differences between projections and 
collections appear to be within a generally acceptable margin 
of forecasting error, such data actually mask much greater 
differences for individual fees (PTO collects some 300 
different fees.) According to the IG, PTO has repeatedly over- 
and underestimated the amount of specific patent fees that it 
will collect in a given year, sometimes by as much as 20 to 50 
percent. These differences mask discrepancies of tens of 
millions of dollars annually for certain fees. During the time 
of the IG review, the patent application backlog grew from 
701,000 to nearly 736,000. Similarly, the amount of time it 
took to reach a decision on a patent application grew between 
fiscal year 2006 and fiscal year 2009 from about 31 months to 
about 35 months. The IG recommended that PTO implement the 
following actions: (1) the PTO Chief Financial Officer (CFO) 
should establish and implement written policies and procedures 
for developing fee-collection forecasts; (2) the CFO should 
annually report on the variances between projected and actual 
patent fee collections, including their causes and any noted 
trends; and (3) the Commissioner for Patents should establish 
and implement written policies and procedures for the patent 
production model. The Committee concurs with these 
recommendations and directs PTO to begin implementing them 
immediately and provide a report by September 7, 2011, 
outlining timeframes and steps that the PTO will take to comply 
with these recommendations. In addition, the Committee directs 
PTO to continue to provide quarterly reports on its projected 
fee collections.
    Backlog grows as funding doubles.--The Committee notes that 
PTO's budget authority has nearly doubled from about $1 billion 
in fiscal year 2001 to more than $2 billion in fiscal year 2010 
and its staff has grown by 48 percent, from about 6,500 
personnel in fiscal year 2001 to about 9,500 in fiscal year 
2010. However, during this time of extraordinary increases in 
both funding and personnel, the backlog grew from about 344,369 
applications and 25 months for final action pendency to about 
708,535 applications with final action pendency dragging out to 
more than 35 months. PTO examiners have become less efficient 
during this time as well, with the number of examinations in 
2001 at about 89 per examiner, whereas in fiscal year 2010 
examiners were reviewing on average about 81 patents per 
examiner. This number had dropped to a low of about 72 in 2008. 
The Committee directs the PTO to submit a personnel plan 
showing the growth in the number of patent examiners over the 
last 5 years, as well as the number that PTO expects to hire 
over the next 5 years. This report should also show the 
estimated attrition rates for each of these years as well. In 
addition, this report should also provide a breakout between 
the number of examiners, supervisor examiners, and other 
examiners who do not perform any role with respect to patent 
examination. This report shall be submitted by November 1, 
2011.
    Carryover funds.--The Committee is concerned that the PTO 
has established an operating reserve whereby it intends to 
carry over funds from one fiscal year to the next as a 
``cushion.'' For fiscal year 2012, PTO has proposed an 
operating reserve to help the agency maintain its pace of 
activities in years when fee collections diminish or fall below 
projections or during years of planned spending above 
collections. While some level of carryover may be advisable, 
the PTO is proposing to have an operating reserve of 
$342,470,000 at the end of fiscal year 2012. The Committee 
believes that given the backlog and pendency rates, holding 
nearly 13 percent of its budget as a reserve into the next 
fiscal year is not a good management practice for an agency 
that is so far behind in whittling down its workload. 
Accordingly, the PTO, in consultation with the Secretary of 
Commerce, is directed to propose in its fiscal year 2013 budget 
submission an exhibit stating specifically what the PTO intends 
to fund using carryover balances.
    Quality metrics/quality index reporting.--The Committee is 
aware that PTO has received feedback that its quality measures 
do not accurately measure the quality of patents issued by the 
PTO or the quality of the PTO's examination process. Feedback 
suggests that some measures taken to improve the quality of the 
patents the PTO issues have resulted in prolonging the 
prosecution of applications. To address this issue, PTO created 
a Quality Task Force. PTO is directed to provide a report to 
the Committee by October 17, 2011, with a status report on 
efforts of the Quality Task Force to improve its patent quality 
measurement programs. This report should include a list of 
participants on the task force and their goals for implementing 
ways to improve the quality of the patent examination process 
without increasing pendency rates.
    Management costs growing as a proportion of total 
funding.--PTO reported that its management-related costs in 
fiscal year 2010 were $457,677,000 and in fiscal year 2012 it 
is proposing to spend $617,023,000 on management, a 35 percent 
increase in two years. While the biggest portion of this 
funding is for information technology needs, the Committee 
notes that the budget for Executive Direction and 
Communications has doubled between fiscal years 2010 and 2012 
from $3,983,000 and 34 positions to $6,524,000 and 55 
positions. At the same time miscellaneous expenses have grown 
from $193,104,000 in fiscal year 2010 to $241,305,000 in fiscal 
year 2012, a $48,201,000, or 25 percent increase in just two 
years. PTO reports that expenses captured under this program 
include rent, utilities, post retirement benefits and other 
expenses. PTO is directed to provide a table showing actual 
costs for each activity or item funded in the Management 
Program line from fiscal year 2009 through fiscal year 2011 and 
the estimated expenses in fiscal year 2012.
    Economic security.--By statute, patent applications are 
published no earlier than 18 months after the filing date, but 
it takes an average of about three years for a patent 
application to be processed. This period of time between 
publication and patent award provides worldwide access to the 
information included in those applications. In some 
circumstances, this information allows competitors to design 
around U.S. technologies and seize markets before the U.S. 
inventor is able to raise financing and secure a market. In 
order to promote U.S. economic security and protect inventors' 
intellectual property rights, the Committee directs the PTO to 
study its patent publishing process and consider the 
alternative of publishing only the patent abstract instead of 
the entire application. The PTO shall report to the Committee 
on this effort within 30 days of enactment of this Act.
    Information technology.--PTO shall submit a report to the 
Committee within 30 days of enactment of this Act providing a 
spending plan as well as the projected estimate of spending for 
each of the next three fiscal years on the End-to-End 
information technology program which will enable certain PTO 
information technology programs to communicate and provide a 
faster and more reliable way for examiners to quickly search a 
myriad of databases during the patent approval process. The 
Committee is concerned that the PTO is diverting funds away 
from this long-overdue information technology investment and 
directs PTO to provide a report on the status of PTO's existing 
information technology systems, to include personal computers, 
and the plans for providing for regular technology refresh of 
this equipment; and the estimated yearly costs of deploying and 
maintaining the Patent End-to-End program. This report should 
also include a list of systems that the PTO intends to retire 
as End-to-End is deployed, and the savings associated with 
retiring them. This report should be submitted to the Committee 
by December 1, 2011.
    Patents granted to small entities.--As part of its annual 
reports on various patent statistics, the PTO is directed to 
publish annual data on the share of U.S. patents granted to 
small entities.
    National security concerns.--The Committee has had 
discussions with PTO with respect to the need to update its 
security procedures for patent applications that have national 
security implications. PTO, in consultation with appropriate 
agencies, shall develop updated criteria to evaluate the 
national security applications of patentable technologies. In 
addition, PTO is directed to evaluate and update its procedures 
with respect to its review of applications for foreign filing 
licenses that could potentially impact economic security. PTO 
shall report to the Committee by January 15, 2012, on these 
matters.
    Telework.--The Committee appreciates the work of PTO in 
implementing telework programs. According to the PTO, at the 
end of the first quarter of 2011, about 6,119 of the 7,396 
persons in eligible positions are teleworking. The telework 
program has enabled PTO to hire new employees without securing 
additional office space or additional parking facilities, with 
PTO estimating that it has saved $19 million annually in 
additional leased office space. PTO reports that teleworking 
also provides the PTO with the ability to continue some 
everyday business operations during an emergency beyond those 
defined in the Continuity of Operations (COOP) plan. 
Teleworking has positively impacted resignation rates, with 
survey respondents in both the trademark and patent divisions 
reporting that this program had positively impacted their 
willingness to extend their years of service with the PTO. Some 
respondents also noted that they used less sick time as a 
result of this program. Clearly, the PTO telework program is 
working and the Committee encourages the PTO to continue 
efforts to ensure that eligible employees can participate in 
this valuable program.
    Establishment of satellite offices.--The Committee supports 
PTO's efforts to establish a satellite office in Detroit, 
Michigan, and directs the PTO to report on progress in 
establishing this office. The Committee expects that this 
facility will function as a telework center where patent 
applicants from around the country can meet with PTO examiners 
at the Detroit satellite office instead of having to travel to 
PTO headquarters. If PTO has available resources and the need 
to open additional satellite offices, it shall report to the 
Committee regarding the feasibility, costs, and options of 
establishing other such offices, especially in geographic areas 
with large numbers of applicants.
    Promoting stories of inventors.--The Committee understands 
that PTO is developing educational materials for use in 
schools, with these materials highlighting the accomplishments 
of inventors and the advances realized as a result of 
inventions. These educational materials are to be designed with 
the goal of encouraging children to explore educational 
opportunities in math, science, and technology. The Committee 
encourages PTO to coordinate this effort with the National 
Science Foundation and other government and non-government 
entities with expertise in science education and expects PTO to 
report on resources used for this effort and results achieved.
    Reprogramming and spending plan.--The recommendation 
includes new bill language making available fee collections 
above the appropriated funding level, and requiring PTO to 
follow the reprogramming procedures outlined in section 505 of 
this Act before using such excess fee collections. In addition, 
the spending plan required by section 537 of this Act shall 
include, for PTO, all carryover balances and recoveries from 
previous fiscal years.

             National Institute of Standards and Technology

    The Committee recommendation includes $700,808,000 for 
NIST, which is $49,289,000 below fiscal year 2011 and 
$300,322,000 below the request.
    Public Safety Innovation Fund.--NIST requested $100,000,000 
in mandatory appropriations in fiscal year 2012 for a Public 
Safety Innovation Fund. However, this funding is dependent on 
legislation being enacted to authorize incentive auctions that 
would reallocate Federal agency and commercial spectrum bands 
over the next ten years.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

    The Committee recommendation includes $516,984,000 for 
NIST's scientific and technical core programs, which is 
$10,000,000 above fiscal year 2011 and $161,959,000 below the 
request. The recommendation provides funding above the current 
year for NIST's laboratory initiatives that support core 
measurements and standards programs that are critical for 
innovation, competitiveness, and economic growth. NIST's unique 
contribution is the development of physical science solutions 
to overcome barriers to innovation. Within available funding, 
the Committee encourages NIST to give priority to supporting 
measurement science, tools, and standards necessary for the 
development and manufacture of new products and services based 
on innovative materials, and to NIST's Postdoctoral Research 
Associates Program.
    NIST is encouraged to consider supporting armchair quantum 
wire research for applications in long-distance electricity 
transmission and wiring, and continuing standards and 
measurement work in regenerative medicine technologies. In 
addition, the Committee supports NIST's Public Safety 
Communications Research Project and encourages NIST to continue 
this important program.

                     INDUSTRIAL TECHNOLOGY SERVICES

    The Committee recommends $128,443,000 for Industrial 
Technology Services, which is $44,810,000 below fiscal year 
2011 and $109,179,000 below the request. The recommendation 
does not include funding for the Technology Innovation Program, 
the Baldrige Performance Excellence Program, and the Advanced 
Manufacturing Technology Consortia Program. The Committee 
recommends $128,443,000 for the Manufacturing Extension 
Partnership (MEP) program, which is the same as fiscal year 
2011 and $14,173,000 below the request.
    Manufacturing Extension Partnership Program.--The Committee 
commends NIST for its efforts, via the MEP program, to develop 
the National Innovation Marketplace (NIM). This internet-based 
effort is designed to facilitate partnerships among original 
equipment manufacturers, parts suppliers, inventors, 
distributors, and investors. NIM is aimed at helping both new 
and existing manufacturing companies to innovate their 
processes, create additional jobs, develop new products, and 
locate new customers and market opportunities. The Committee 
believes that the NIM has the potential to serve as a highly 
effective tool for helping to revitalize U.S. manufacturing, by 
helping to bring new inventions to market, enabling 
manufacturers to more easily locate both component parts 
suppliers and new customers, and expanding U.S. manufacturing 
activity generally.
    The Committee directs that, of the funding provided for the 
MEP program for fiscal year 2012, not less than $2,500,000 
shall be devoted toward continuing and expanding NIST's efforts 
with regard to the NIM, including: (1) further developing and 
refining the web-based tools and functionality of the National 
Innovation Marketplace, along with updating content and 
populating additional participant information onto the NIM Web 
site; (2) expanding efforts to promote the National Innovation 
Marketplace among potential users, including by helping to 
showcase the business capabilities of MEP/NIM clients; and (3) 
expanding the training of MEP center and partner staff to 
enable them to assist manufacturing clients and other 
participants in utilizing the National Innovation Marketplace 
to ensure that companies find and develop new growth 
opportunities and process improvements and establish the 
marketing and distribution mechanisms to quickly transition new 
products into the marketplace.
    MEP matching requirements.--The Committee is concerned that 
the Department of Commerce has not established criteria by 
which it could develop specific cost-shares for the MEP 
program. In a recent report (GAO-11-437R), GAO identified 
factors that could be taken into account in considering changes 
to the current MEP cost-share structure. The Committee directs 
the Secretary of Commerce to use the key factors and other 
findings identified by GAO in its cost-share report to draft 
criteria for establishing specific cost-shares for the MEP 
program. Within 90 days of the date of enactment of this Act, 
the Secretary shall submit to the Committee a proposed set of 
cost-share criteria for the MEP program.
    Repatriation of manufacturing.--The Committee wishes to 
emphasize the urgent need to revitalize the Nation's 
manufacturing base, including the need to reverse the trend 
toward offshoring U.S. manufacturing activities. The Committee 
encourages NIST, through the MEP and in concert with 
repatriation efforts noted elsewhere in this report, to focus 
efforts on re-shoring manufacturing, including by developing a 
suite of tools and services as appropriate that MEP centers can 
use to identify U.S.-based suppliers for original equipment 
manufacturers that have off-shored production.

                  CONSTRUCTION OF RESEARCH FACILITIES

    The Committee recommends $55,381,000 for NIST construction, 
which is $14,479,000 below fiscal year 2011 and $29,184,000 
below the request.
    Boulder Building 1 renovation.--Of the amounts provided, 
$25,381,000 is provided as requested for continued renovation 
activities at the Boulder, Colorado, facility. Funding will 
support interior renovations of Wings 3, 5, and a portion of 
Wing 6. NIST is directed to provide an update on the status of 
the Boulder renovations by November 14, 2011.
    Safety, Capacity, Maintenance, and Major Repairs.--The 
remaining $30,000,000 in construction funds are provided for 
Safety, Capacity, Maintenance, and Major Repairs.

            National Oceanic and Atmospheric Administration

    The Committee recommends a total of $4,533,052,000 in 
discretionary funds for the National Oceanic and Atmospheric 
Administration (NOAA), which is $54,981,000 below fiscal year 
2011 and $952,682,000 below the request. The recommendation 
does not include funding as proposed to establish a Climate 
Service within NOAA. The recommendation instead funds NOAA 
programs in accordance with the current organizational 
structure. It is the Committee's intention that no funds shall 
be used to create a Climate Service at NOAA.

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommendation includes a total program level 
of $2,848,130,000 under this account for the coastal, 
fisheries, marine, weather, satellite and other programs of 
NOAA. This total funding level includes $2,775,930,000 in 
direct appropriations, a transfer of $66,200,000 from balances 
in the ``Promote and Develop Fishery Products and Research 
Pertaining to American Fisheries'' account and $6,000,000 
derived from recoveries of prior year obligations. The direct 
appropriation of $2,775,930,000 is $403,581,000 below fiscal 
year 2011 and $601,677,000 below the request.
    The following narrative descriptions and tables identify 
the specific activities and funding levels included in this 
Act. Each of the following tables for NOAA accounts and line 
offices include ``Administrative Efficiency Initiative'' lines 
which include amounts proposed for reduction in the fiscal year 
2012 budget.
    National Ocean Service.--The recommendation provides 
$385,510,000 for National Ocean Service (NOS) operations, 
research and facilities.
    Navigation Services.--The Committee provides $148,289,000 
for navigation services. Of this amount, $91,617,000 is 
provided for mapping and charting activities, which is the same 
as the fiscal year 2011 level for these important life and 
safety programs.
    Response and Restoration.--The Committee is aware that thus 
far NOAA has received $18,500,000 from BP for ongoing 
activities related to the Deepwater Horizon oil spill in the 
Gulf of Mexico. In addition, NOAA, as part of the settlement 
reached with BP, is going to receive $100,000,000 for work 
related to the Deepwater Horizon oil spill. These funds are for 
restoration, planning, implementation, and monitoring. NOAA is 
scheduled to receive an additional $150,000,000 for state-led 
projects to be selected by NOAA from proposals submitted by the 
States related to this oil spill. The Committee is also aware 
that the Department of the Interior is expected to receive 
$150,000,000 and that the State Natural Resources Trustees 
involved in the BP settlement (Florida, Alabama, Mississippi, 
Louisiana, and Texas) are also slated to receive $100,000,000 
each from BP. NOAA is directed to provide a report to the 
Committee by December 1, 2011, describing its activities 
related to the disaster and a spending plan for the 
$250,000,000 it expects to receive from BP to implement 
restoration projects in the Gulf.
    Gulf of Mexico Disaster Response Center.--The Committee 
directs NOAA to provide it a report by September 1, 2011, on 
the status of the Gulf of Mexico Disaster Response Center and 
efforts to make it operational.


    National Marine Fisheries Service.--The Committee 
recommends $710,603,000 for the National Marine Fisheries 
Service (NMFS) operations, research and facilities.
    National Catch Share Program.--The Committee recommends 
$21,956,000 for the catch shares program, which is $21,956,000 
below fiscal year 2011 and $32,046,000 below the request. Given 
limited funding and ongoing concerns with this program, the 
Committee recommends a more modest investment in this program. 
The Committee directs GAO to review the NOAA catch share 
program and provide an assessment of its implementation and 
impacts on the fisheries where it has been instituted as part 
of the overall fishery management program for a given fishery. 
This report, to be submitted to the Committee by January 23, 
2012, shall also include an assessment regarding any 
consolidation that has occurred as a result of implementing 
catch shares programs. GAO is directed to consult with the 
Committee prior to beginning this effort.
    Stock Assessments.--The Committee recommendation for stock 
assessments is $63,764,000, which is an increase of $10,371,000 
above fiscal year 2011 levels and $3,356,000 below the request. 
The Committee notes that lack of accurate, up-to-date data for 
numerous economically vital fisheries has caused significant 
problems as NMFS works to implement provisions that were 
incorporated into the Magnuson-Stevenson Act (MSA) in 2006. 
NMFS has proceeded to implement these provisions, particularly 
as they relate to setting annual catch limits on all fisheries, 
in a manner that ignores profound shortfalls in requisite data. 
More robust stock assessments, based on more frequent surveys, 
are vitally important to improve management of our marine 
fisheries and meet the requirements of the MSA. The Committee 
supports targeting and prioritizing stock survey funds to 
address critical data gaps in fisheries that have suffered 
dramatically from inadequate data gathering. Additionally, the 
Committee supports the further utilization of fishery 
independent data collection efforts and encourages NMFS to take 
advantage of existing non-Federal resources that are capable of 
providing timely and reliable data to improve stock assessments 
of critical fisheries. As such, the recommendation includes 
$7,035,000 for cooperative research programs, which is 
$3,015,000 below fiscal year 2011 levels and $204,000 below the 
request.
    Salmon Management Activities.--The Committee recommends 
$34,451,000 for salmon management activities. Within this 
amount, an increase of $10,000,000 is provided above the 
request to allow hatcheries to be reformed according to the 
recommendations of the Hatchery Scientific Review Group.
    Genetic Stock Identification.--Within the amounts provided, 
NOAA is encouraged to continue research through a competitive 
grants process on genetic stock identification programs for 
West Coast salmon. Genetic stock identification programs 
improve salmon management and avoid harvest of weak salmon 
stocks by identifying movement and location of individual 
stocks.
    Enforcement and Observers Training.--The Committee 
recommends $105,747,000 for Enforcement and Observers Training, 
which is the same as the fiscal year 2011 level and $460,000 
below the request. The Committee provides this level of funding 
in response to the recent IG investigation into NMFS 
enforcement activities. The IG is directed to provide an update 
to the Committee by December 12, 2011, regarding implementation 
of recommendations from the IG's 2010 review of NOAA's 
Fisheries Enforcement Asset Forfeiture Fund.
    National Research Council Review.--The Committee is aware 
of a June 23, 2011, letter from the House Resources and 
Agriculture Committees and the House Appropriations 
Subcommittee on Interior, Environment, and Related Agencies, to 
the Departments of Commerce, Interior, Agriculture and the 
Environmental Protection Agency (EPA) that addresses the scope 
of the National Research Council's (NRC) review of scientific 
methods and assumptions and economic impacts associated with 
Federal Endangered Species Act biological opinions for 
pesticides registered by EPA under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA),.
    The Committee understands that the National Oceanic and 
Atmospheric Administration is working with the NRC on this 
review and expects that the NRC will address the issues 
outlined in the letter referenced above.


    Oceanic and Atmospheric Research.--The Committee recommends 
$288,667,000 for Oceanic and Atmospheric Research (OAR) 
operations, research, and facilities.
    Competitive Climate Research Program.--The Committee 
recommends $106,044,000 for OAR's competitive climate research 
program. The Committee includes funding for these activities in 
OAR and not in the Climate Service as requested. The Committee 
notes the importance of extramural research to support NOAA's 
core scientific mission.
    Exploration and Education Activities.--The Committee 
supports ocean exploration and related educational programs and 
urges NOAA to continue working with private sector partners and 
the educational community to ensure that critical programs are 
continued to the degree possible given funding constraints.
    Tornado and Severe Storm Research.--The recommendation 
includes $10,037,000, the full amount requested, for tornado 
and severe storm research and phased array radar. The Committee 
encourages NOAA to increase tornado research and warning 
infrastructure for tornadic storms which support rapid response 
of state-of-the-art science, analysis of data, and additional 
graduate research training.
    Iron fertilization.--The Committee included a reporting 
requirement in the statement accompanying Public Law 111-117 
directing NOAA to provide a report on the potential of ocean 
fertilization for climate change mitigation. The Committee 
directs NOAA to continue efforts in this area to address key 
scientific questions regarding the potential impacts of iron 
fertilization on the oceans; this effort should be coordinated 
with other Federal agencies, academia, and the private sector, 
as appropriate. The Committee directs NOAA to submit a report 
to the Committee within 90 days of enactment of this 
legislation that outlines findings in this area.


    National Weather Service.--The Committee recommends 
$908,018,000 for National Weather Service (NWS) operations, 
research and facilities, which is $36,436,000 above the enacted 
level and $11,230,000 above the request. Within NOAA, the 
Committee recommendation prioritizes funding for these core 
life and safety programs.
    Tsunami funding.--The recommendation includes $41,554,000 
for tsunami warnings, forecasts, and research, which is 
$1,055,000 above the fiscal year 2011 level and the same as the 
budget request. This amount includes $23,541,000 for the NWS 
Strengthen U.S. Tsunami Warning Program; $4,113,000 in the NWS, 
Local Warnings and Forecasts line (TWCs/ITIC); $900,000 in 
OAR's Pacific Marine Environmental Laboratory base funding for 
tsunami research and development activities; and $13,000,000 
remaining from the funds provided in section 3010, National 
Alert and Tsunami Warning Program of Public Law 109-171, the 
Deficit Reduction Act.
    Tsunami preparedness.--Following the earthquake and 
devastating tsunami that struck Japan earlier this year, the 
Committee urged NOAA to hold a tsunami preparedness summit for 
communities on the East Coast, the Gulf of Mexico, and the 
Caribbean. This conference, held in June 2011, included 
Federal, State, and local stakeholders and was designed to 
ensure that communities in these regions have access to 
tsunami-related information, lessons learned, and best 
practices. The Committee urges NOAA to continue its efforts to 
work with coastal communities in these areas to improve 
awareness of tsunami outreach and education activities, 
detection and warning services, and response and mitigation 
programs. The Committee expects NOAA to hold a subsequent 
conference for West Coast coastal communities. An important 
part of NOAA's tsunami programs is its Deep Ocean Assessment 
and Reporting of Tsunamis (DART) network. This network consists 
of 39 buoys, deployed in the north, northeast, and western 
portions of the Pacific Ocean, the Atlantic Ocean, and the Gulf 
of Mexico, that measure wave height. The Committee expects NOAA 
to repair any DART stations that are not currently operational 
and report to the Committee no later than 30 days following 
enactment of this Act regarding the status of the entire DART 
network.
    Caribbean tsunami education and awareness.--According to 
NOAA and the GAO, both Puerto Rico and the U.S. Virgin Islands 
face significant tsunami threats. The Committee is aware that 
the U.S. Geological Survey operates a seismic network 
surrounding Puerto Rico. Once an earthquake of a tsunami-
generating magnitude is detected, NOAA's Tsunami Warning Center 
in Alaska issues a tsunami warning. NOAA shall provide a report 
to the Committee regarding the current capabilities to predict 
tsunamis and expand the TsunamiReady\TM\ program in the 
Caribbean by September 7, 2011. In addition, the Committee 
expects NOAA's Caribbean outreach coordinator to work with 
partners in Puerto Rico and the U.S. Virgin islands to expand 
their participation in NOAA's TsunamiReady\TM\ program, which 
is a voluntary partnership between NOAA, State, and local 
emergency management agencies. The goal of TsunamiReady\TM\ is 
to create tsunami resilience in communities by better 
integrating tsunami hazard preparedness into coastal community 
culture and providing coastal jurisdictions with a level of 
``minimal readiness'' for the tsunami hazard. There are 
currently 12 recognized TsunamiReady\TM\ communities in Puerto 
Rico. The Committee directs NOAA to include a section in the 
current tsunami capabilities report on plans to expand the 
number of TsunamiReady\TM\ communities in Puerto Rico and the 
U.S. Virgin Islands.


    Climate Service.--The recommendation does not include the 
establishment of a climate service as proposed in the budget 
request. Instead, the recommendation funds NOAA programs in 
accordance with the current NOAA organizational structure.
    National Environmental Satellite, Data and Information 
Service.--The Committee recommends $171,636,000 for National 
Environmental Satellite, Data and Information Service (NESDIS) 
operations, research and facilities.
    Data Centers and Information Services.--The Committee 
recommends $58,919,000 for these activities, including not less 
than the current level for each activity currently funded under 
archive, access and assessment programs.


    Program Support.--The Committee recommends $383,533,000 for 
these activities.
    Information technology.--The recommendation includes 
$11,059,000 for information technology services. This amount is 
provided to enhance the security of NOAA's critical enterprise 
information technology systems. NOAA, in consultation with the 
Secretary of Commerce and the IG, is directed to submit a 
report to the Committee by January 23, 2012, regarding the 
status of NOAA's information technology systems.
    NOAA education program.--The Committee recommends 
$26,884,000 for NOAA's Competitive Educational Grants and 
Programs, which is $1,934,000 above fiscal year 2011. The 
Committee encourages NOAA, within available funds, to expand 
science, technology, engineering, and mathematics programs for 
middle school youth as appropriate.
    Administrative funding cap.--The recommendation continues 
the cap on NOAA corporate services administrative costs. While 
NOAA made some progress in including NOAA line office 
administrative costs in its congressional justification 
materials, the Committee desires a greater level of detail. The 
Committee is concerned about the lack of transparency and 
visibility of all administrative costs incurred by NOAA's 
corporate staff and line offices, including regional and field 
offices. The Committee is particularly concerned that the non-
visible administrative cost components may be increasing more 
rapidly than the directly visible corporate services 
appropriation enacted to pay for NOAA corporate administrative 
costs. For example, NOAA has continued to assess line office 
programs for a portion of their corporate administrative costs 
through a ``direct billing'' process that is not visible to the 
Committee.
    To address these concerns, the Committee continues the cap 
on NOAA corporate services at $214,874,000, which includes 
$10,000,000 for NOAA facilities. This cap limits the amount of 
ORF funds that can be used for administrative costs incurred by 
NOAA's corporate operations. Although the NOAA line offices 
also incur administrative costs at the field offices and 
financial management centers (FMCs) that execute their 
programs, the Committee is not including these costs in the 
administrative cost cap. Instead, the Committee directs NOAA to 
provide a report within 90 days of enactment of this Act that 
identifies total NOAA administrative costs for each of fiscal 
years 2009 through 2012, including NOAA corporate staff and 
each line office, and each financial management center 
including the Office of Marine and Aircraft Operations. The 
report shall also identify the administrative costs incurred by 
these organizational entities, as well as the field offices and 
FMCs, for standard administrative functions. Similar tables 
shall be included in all subsequent NOAA annual budget 
justifications provided to Congress. NOAA shall consult with 
the Committee prior to beginning this effort.
    Research and development tracking and outcomes.--The 
Committee continues its direction that NOAA track the division 
of research and development funds between intramural and 
extramural research, and assure consistency and clarity in the 
collection and reporting of data. NOAA is directed to state 
clearly its expected research outcomes and available funding in 
order to provide transparency into the competitive grant 
process for extramural researchers. The Committee further 
directs NOAA to continue to increase extramural research 
funding in future requests to build broad community support and 
leverage external funding for mission-oriented research.


               PROCUREMENT, ACQUISITION AND CONSTRUCTION

    The Committee recommendation includes a total program level 
of $1,709,772,000 in direct obligations under this heading, of 
which $1,702,772,000 is appropriated from the general fund and 
$7,000,000 is derived from recoveries of prior year 
obligations. The direct appropriation is $370,090,000 above 
fiscal year 2011 and $350,005,000 below the request. The 
following narrative descriptions and tables identify the 
specific activities and funding levels included in this Act:
    National Weather Service (NWS).--The Committee recommends 
$94,917,000 for NWS systems acquisitions and construction, 
which is $1,982,000 below fiscal year 2011 and $3,727,000 above 
the request.
    Weather and Climate Supercomputing.--The recommendation 
includes $40,169,000 for Weather and Climate Supercomputing, 
which is $11,058,000 above fiscal year 2011 and the same as the 
request. This funding will support ongoing Hurricane Forecast 
Improvement Project modeling and continue regular improvements 
to numerical prediction modeling.
    National Environmental Satellite, Data and Information 
Service.--The recommendation includes $1,592,777,000 for 
National Environmental Satellite, Data and Information Service 
(NESDIS) acquisition and construction. This amount is 
$334,355,000 above fiscal year 2011 and $304,759,000 below the 
request.
    Geostationary Operational Environmental Satellite-R 
Series.--The Committee recommends $567,390,000 for 
Geostationary Operational Environmental Satellite-R (GOES-R), 
which is $94,983,000 below fiscal year 2011 and $50,000,000 
below the request.
    Joint Polar Satellite System.--The Committee recommends 
$901,346,000 for the Joint Polar Satellite System (JPSS) 
program, which is $429,446,000 above the fiscal year 2011 level 
and $168,654,000 below the request. NOAA shall comply with 
language in section 105 of the accompanying bill updating a 
reporting requirement on cost and schedule of satellite 
programs, including a breach reporting requirement.
    JPSS contract transition delays.--According to the Commerce 
IG, significant contractual issues have hampered the JPSS 
program from moving forward, including the fact that some of 
the JPSS instruments were still being manufactured under the 
old National Polar-orbiting Operational Environmental Satellite 
System (NPOESS) program contract, and one of the instruments 
currently remains under the NPOESS contract. NOAA is directed 
to work with the Air Force and other parties to expeditiously 
transfer the remaining contract for instrument development to 
NASA and NOAA, as appropriate.
    JPSS Program Director and Deputy Director.--Filling these 
key management positions is crucial to the success of the 
program. NOAA is directed to provide an update to the Committee 
regarding efforts to fill these positions with qualified 
personnel.
    Quarterly satellite briefings.--The Committee began holding 
quarterly satellite briefings with NOAA in March 2011. The 
Committee finds these briefings useful and directs NOAA to 
continue providing these updates to the Committee regarding the 
JPSS program and NOAA's other major system acquisition 
programs.
    Fiscal year 2012 spending plan.--NOAA is directed to 
provide to the Committee a spending plan for the JPSS program 
for fiscal year 2012 within 30 days of enactment of this Act. 
This detailed spending plan should include the name of the 
effort; the location of the work; fiscal year funding for each 
effort; and the number of contractor and government personnel. 
This report should also include a program status update.
    COSMIC 2.--While the Committee supports NOAA's efforts to 
establish a radio occultation satellite constellation in 
partnership with Taiwan, the recommendation does not include 
any funding for the COSMIC 2 program given funding constraints 
and the need to fund other higher priority NOAA satellite 
programs. The Committee directs NOAA to conduct an analysis of 
alternatives to obtain similar data and measurements and report 
back to the Committee within 90 days of enactment of this bill. 
This report should also include estimated outyear costs for the 
COSMIC 2 program.


                    PACIFIC COASTAL SALMON RECOVERY

    The Committee provides $65,000,000 for Pacific Coastal 
Salmon Recovery, which is $14,840,000 below fiscal year 2011 
and the same as the request.
    In addition, the accompanying bill includes language as 
requested that requires all funds be allocated based on 
scientific and merit principles and prohibits the availability 
of funds for marketing activities.

                      FISHERMEN'S CONTINGENCY FUND

    The Fishermen's Contingency Fund is authorized under 
Section 402 of Title IV of the Outer Continental Shelf Lands 
Act Amendments of 1978. The Committee recommends $350,000, 
which is $350,000 above fiscal year 2011 and the same as the 
request, for the Fishermen's Contingency Fund, to compensate 
U.S. commercial fishermen for damage or loss caused by 
obstructions related to oil and gas exploration. The funds used 
to provide this compensation are derived from fees collected by 
the Secretary of the Interior.

                   FISHERIES FINANCE PROGRAM ACCOUNT

    The Committee recommends language under this heading 
limiting obligations of direct loans to $24,000,000 for 
Individual Fishing Quota loans and $59,000,000 for traditional 
direct loans. NOAA is directed to provide a report to the 
Committee by January 1, 2012, providing the current status of 
loans under this program. NOAA shall consult with the Committee 
prior to beginning this effort.

                        Departmental Management


                         SALARIES AND EXPENSES

    The Committee recommendation includes $57,884,000 for 
Departmental Management, which is the same as fiscal year 2011 
and $6,987,000 below the request.
    Cybersecurity.--The Committee supports the efforts of the 
Department of Commerce to establish a new Enterprise 
Cybersecurity Monitoring and Operations program. The Committee 
expects that each Commerce bureau funded in this bill will 
contribute a pro-rated amount to the Department of Commerce 
through the Working Capital Fund in order to establish this 
center. The Committee expects that this activity shall be 
coordinated with input from the Departmental Chief Information 
Officer (CIO) and CIOs throughout the Department. The 
Department is directed to submit a spending plan to the 
Committee within 60 days of enactment of this legislation 
indicating the source of funds from each agency. The Committee 
believes that the amount of funds should be commensurate with 
the risks and vulnerabilities that pertain to each bureau's 
information technology systems. In addition, appropriate 
personnel within each bureau should receive a briefing from the 
National Cyber Investigative Joint Task Force within 30 days of 
enactment of this legislation so that they are aware of past 
and current intrusions into the Department of Commerce 
information systems.
    Cyber-espionage.--The Committee directs that funds made 
available to the Department of Commerce in this Act or any 
other Act shall not be used to acquire information technology 
or an information system unless the Secretary of Commerce has 
determined that such technology or system presents a low risk 
of cyber-espionage or sabotage, and has not been produced by an 
entity that raises a serious supply chain security concern. The 
Secretary shall report to the Committee on all such 
determinations, and the process used to arrive at such 
determinations, by January 15, 2012.
    Repatriation task force.--The recommendation includes 
language directing the Secretary of Commerce, in concert with 
appropriate agencies within the Department of Commerce, 
including ITA, EDA, and NIST, to establish a task force to 
examine incentives and other activities needed to encourage 
U.S. companies to bring their manufacturing and research and 
development activities back to the United States. The Secretary 
shall also provide a report that outlines the incentive 
strategies and the number of firms that the task force will 
engage in this effort. As part of this effort, the Committee 
encourages the Secretary to consult with the Secretary of the 
Treasury and the Committee on Ways and Means to examine the 
issue of providing tax credits to companies that repatriate 
their operations back to the United States. The Department of 
Commerce shall consult with the Committee prior to beginning 
this effort and shall provide a report by February 1, 2012. In 
addition, the Committee directs the Secretary to update the 
2004 report, Manufacturing in America: A Comprehensive Strategy 
to Address the Challenges to U.S. Manufacturers, and provide it 
to the Committee by December 1, 2011.
    Repatriation initiative.--The Committee is supportive of 
the Administration's efforts to double U.S. exports over the 
next five years. A key component of this initiative is the 
repatriation of U.S. jobs that have moved abroad. Therefore, 
the Committee directs the Secretary to launch a job 
repatriation initiative, to include the development of a ``best 
practices'' for States and local communities to use to grow 
their manufacturing base. The initiative not only shall include 
the expertise and resources of the economic development 
agencies at the Department of Commerce, including the 
International Trade Administration, the Economic Development 
Administration, the Minority Business Development Agency, and 
the National Institute of Standards and Technology, but also 
shall be coordinated with other Federal economic development 
agencies, such as the Small Business Administration. The 
Secretary shall submit a report to the Committee on the 
implementation of this initiative not later than 120 days after 
enactment of this Act. Further, Commerce shall report to the 
Committee regarding the development of an online calculator 
that firms may use to determine ``hidden costs'' of offshore 
manufacturing, e.g. shipping costs and other factors, so that 
companies would be aware of the total cost of manufacturing 
overseas.
    SelectUSA.--The Committee commends the Department for its 
efforts to implement the SelectUSA initiative. This initiative, 
established by a recent Executive Order, is designed to: (1) 
encourage foreign businesses to operate in the United States; 
(2) encourage U.S. and foreign businesses to expand and grow in 
the United States; and (3) encourage U.S. businesses operating 
outside the United States to return their previously offshored 
operations back to the United States. It is the Committee's 
understanding that SelectUSA will be housed at the Commerce 
Department and that in implementing this initiative, the 
Department plans to: (1) provide assistance to U.S. States, at 
their request, to help navigate Federal programs, including a 
clear Federal point of contact to assist with investment 
issues; (2) engage in advocacy and outreach to promote the 
United States as the world's best market for business 
operations; and (3) consolidate, in a one-stop web portal, all 
information on Federal programs and services available to 
companies that operate in the United States. The Committee 
supports this initiative and believes it has potential for 
facilitating job growth in the United States.
    Cooperatives.--With more than $3 trillion in assets, over 
$500 billion in total revenue, $25 billion in wages and 
benefits, and nearly one million jobs, cooperatives have proven 
themselves to be vital components of the nation's economy. The 
Committee encourages the Department of Commerce to build on its 
efforts to create opportunities for community wealth building, 
workforce training, and job creation by working with national 
and local stakeholders in the cooperative sphere to look at the 
role that cooperatives can play in stimulating industrial and 
commercial growth in economically distressed areas of the 
United States.
    Economic Security Commission.--The Secretary is directed to 
establish an Economic Security Commission, modeled upon similar 
efforts of the Reagan Administration, to advise the 
Administration and the Congress on U.S. long-term strategic 
competitive manufacturing challenges. The Department shall 
consult with the Committee prior to beginning this effort.
    National Technical Information Service.--The National 
Technical Information Service (NTIS) is a self-supporting, 
reimbursable program that serves as a clearinghouse for 
scientific and other published reports. The Committee directs 
the GAO to update its earlier reviews regarding the degree to 
which information provided by NTIS is available elsewhere. This 
report shall be submitted to the Committee by October 3, 2011.
    Native American Affairs.--The Committee directs that within 
the funds provided for Departmental Management, funds shall be 
made available to the extent possible to support outreach 
efforts of the Senior Advisor for Native American Affairs in 
conducting regional meetings and tribal consultations that 
include Indian treaty rights of fisheries and marine mammal 
protection that are aimed at enhancing economic and business 
development and trade and tourism for Native American tribes.
    Departmental oversight.--The Committee directs the 
Department to continue to develop oversight capacity of the 
PTO, including the ability of Commerce to estimate and track 
PTO fee collections; to avoid PTO budgetary shortfalls; and to 
ensure transparency of PTO's budgeting and financial 
management.

        HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION

    The Committee recommends $14,970,000 for continuing 
renovation activities, which is the same as fiscal year 2011 
and $1,180,000 below the request.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $26,946,000 for the Office of the 
Inspector General (IG), which is the same as fiscal year 2011 
and $6,574,000 below the request. The development of the next 
generation of weather and environmental satellites is a top 
management risk facing the Department. Within the funding 
provided, the Committee urges the IG to augment its capacity to 
exercise oversight on these programs. The Committee also 
expects the IG to continue its oversight work of PTO, which the 
IG also listed in December 2010 as a top management challenge 
facing Commerce. In addition, the IG shall report to the 
Committee on a regular basis of the Department's efforts to 
implement IG recommendations.

               General Provisions--Department of Commerce


                         (INCLUDING RESCISSION)

    The Committee recommends the following general provisions 
for the Department of Commerce:
    Section 101 makes funds available for advanced payments 
only upon certification of officials, designated by the 
Secretary, that such payments are considered to be in the 
public interest.
    Section 102 makes appropriations for the Department for 
Salaries and Expenses available for hire of passenger motor 
vehicles, for services, and for uniforms and allowances as 
authorized by law.
    Section 103 provides the authority to transfer funds 
between Department of Commerce appropriation accounts and 
requiring notification to the Committee of certain actions.
    Section 104 provides that any costs incurred by the 
Department in response to funding reductions shall be absorbed 
within the total budgetary resources available to the 
Department and shall be subject to the reprogramming 
limitations set forth in this Act.
    Section 105 extends Congressional notification requirements 
for NOAA satellite programs.
    Section 106 provides for reimbursement for services within 
Department of Commerce buildings.
    Section 107 clarifies that grant recipients under the 
Department of Commerce may continue to deter child pornography, 
copyright infringement, or any other unlawful activity over 
their networks.
    Section 108 provides the Administrator with the authority 
to avail NOAA of needed resources, with the consent of those 
supplying the resources, to carry out responsibilities of any 
statute administered by NOAA.

                              (RESCISSION)

    Section 109 rescinds all balances in the Coastal Zone 
Management Fund.

    Section 110 establishes a fisheries enforcement asset 
forfeiture fund as requested.
    Section 111 establishes a sanctuaries enforcement asset 
forfeiture fund as requested.
    Section 112 establishes a new reporting requirement 
requiring Commerce to notify the committee of any official 
travel to China, and the purpose of that travel, by any 
employees of the Department.

                                TITLE II


                         DEPARTMENT OF JUSTICE


                         General Administration


                         SALARIES AND EXPENSES

    The Committee recommends $72,338,000 for Department of 
Justice (DOJ), General Administration, Salaries and Expenses, 
which is $45,913,000 below fiscal year 2011 and $61,887,000 
below the request.
    Terrorism.--Terrorism continues to represent a significant 
threat to our national security, and the Department continues 
to play a lead role in shaping and implementing the Nation's 
counterterrorism investigation, detention, interrogation and 
prosecution policies. In December 2010, the Director of 
National Intelligence released an assessment that 150 former 
Guantanamo detainees are confirmed or suspected of reengaging 
in terrorist or insurgent activities, a 25 percent increase 
over previously reported levels. The number of confirmed 
recidivists increased from 27 to 81. The Committee directs the 
Department to report to the Committee by January 15, 2012, 
relaying the most up-to-date statistics on recidivism among 
former Guantanamo detainees, and the implications of those 
statistics for policies, programs and activities going forward. 
In addition, the Committee is concerned that the lack of a 
current policy on terrorist detention may be a disincentive to 
the capture and interrogation of terrorist suspects, thereby 
depriving the Department and other agencies of critical 
intelligence that could inform and improve counterterrorism 
efforts. The Committee directs the Department to provide to the 
Committee, by November 15, 2011, an unclassified report on U.S. 
detention policy, including the legal basis for such policy, as 
it applies to current and future terrorism detainees.
    Prison Rape Elimination Act (PREA).--The Committee is very 
disappointed in the Department's failure to publish the 
national standards for PREA, which by law were due to be 
adopted more than one year ago. During that period more than 
216,000 adults and minors have been sexually assaulted in U.S. 
prisons, according to the Department's own statistics. The 
Committee directs the Department of Justice to publish, as soon 
as possible, a final rule adopting national standards for the 
detection, prevention, reduction, and punishment of prison 
rape, as mandated by the PREA, and to continue efforts to 
provide assistance in the form of training, technical 
assistance, and implementation grants to assist State, local, 
and tribal jurisdictions in achieving compliance with the PREA 
national standards. The Committee reminds DOJ that PREA makes 
it clear that DOJ should assist States in ensuring that 
budgetary circumstances do not compromise efforts to protect 
inmates.
    With respect to auditing PREA compliance, the Committee 
strongly encourages the Department to follow the 
recommendations of the PREA Commission. In its standards, the 
Commission outlines an audit process that promotes transparency 
as well as accountability. Specifically, the Commission 
requires independent audits to measure compliance with its 
standards at least every three years. The Committee agrees with 
the Commission that the independence of the auditor is of the 
utmost importance. The Committee believes that the Office of 
the Inspector General would be the most credible entity within 
the Department to oversee the process of selecting an auditor. 
The Committee strongly encourages the Department to promulgate 
a rule that acknowledges that an auditor must have unfettered 
access to all parts of the facility, as well as all documents, 
staff, and prisoners, and which requires agencies to publish 
the auditor's report on its Web site or otherwise make it 
easily available to the public. The Committee believes that 
these actions will serve the critical purpose of prompting 
intervention when audits show an agency struggling or failing 
to prevent sexual abuse.
    Additionally, the Committee concurs with the Commission's 
standard that requires correctional facilities to make use of 
cost-effective and appropriate monitoring technologies to aid 
staff supervision by assessing, at least annually, the need for 
and feasibility of incorporating additional monitoring 
equipment or new technologies into correctional facilities. 
Because cameras discourage prisoners and staff from engaging in 
abuse, increase the number of areas that staff can monitor at 
one time, and can capture misconduct or abuse on video, the 
Committee expects the Department to adopt this recommendation 
as well.
    Obscenity enforcement.--The Committee is concerned that the 
Department's incorporation of the responsibilities of the 
Obscenity Prosecution Task Force into the Child Exploitation 
and Obscenity Section of the Criminal Division may weaken adult 
obscenity enforcement. The Task Force was designed to draw upon 
the expertise of several other Criminal Division sections, such 
as the Organized Crime and Racketeering Section (now known as 
the Organized Crime and Gang Section), the Asset Forfeiture and 
Money Laundering Section, and the Computer Crime and 
Intellectual Property Section. The Committee supports the work 
of the Department in investigating and prosecuting major 
producers and distributors of hardcore adult pornography that 
meets the test for obscenity, as defined by the Supreme Court, 
and expects that the responsibilities that had been assigned to 
the Task Force will not be diminished by this reorganization. 
The Committee believes that targeted enforcement of adult 
obscenity is necessary to protect the welfare of families and 
children as traffickers in illegal adult obscenity extend their 
influence through advances in technology. The Committee directs 
the Department to submit a report within 90 days of the 
enactment of this Act on its adult obscenity investigation and 
prosecution workload statistics and accomplishments, including 
a comparison of workload statistics and accomplishments during 
the existence of the Obscenity Prosecution Task Force, and in 
the period of time following its incorporation into the Child 
Exploitation and Obscenity Section of the Criminal Division.
    Explosives investigations.--The Committee notes that the 
Federal Bureau of Investigation (FBI) and the Bureau of 
Alcohol, Tobacco, Firearms and Explosives (ATF) both have 
jurisdiction over explosives investigations. The Office of 
Inspector General (OIG) and the Government Accountability 
Office have both identified this overlapping jurisdiction as a 
potential source of cost savings and efficiency if duplicative 
activities were to be eliminated. In response to the OIG 
report, the Acting Deputy Attorney General issued a protocol in 
2010 for assigning lead agency jurisdiction in explosives 
investigations, which also directed the ATF and FBI to conduct 
assessments of explosives operations and make recommendations 
for consolidating and eliminating redundancies. The Committee 
directs the Department to submit a report within 60 days of 
enactment of this Act on all recommendations made and steps 
taken, or planned to be taken, to implement those 
recommendations. Each action identified in the report should be 
accompanied by a cost savings estimate. The Committee expects 
this report to include efficiency improvements in determining 
jurisdiction, explosives training, facilities, explosives labs, 
and explosives databases. The report shall also be submitted 
concurrently to the OIG.
    Gulf Cost Claims Facility.--The Committee is aware of the 
ongoing controversy regarding the payment of claims to victims 
of the Deepwater Horizon oil spill under the Gulf Coast Claims 
Facility (GCCF) and the Department's concerns regarding the 
application of appropriate standards for the GCCF under 
existing Federal law. The Committee appreciates the testimony 
of the Attorney General that DOJ will do as much as it can to 
make sure that the claims process works for the residents of 
the Gulf Coast. To ensure that the GCCF is operating in 
accordance with the letter and intent of existing law, and in a 
timely, transparent and consistent manner, the Committee 
directs the Department, in consultation with the Government 
Accountability Office (GAO), to identify an independent auditor 
to evaluate GCCF's claims determination methodologies and the 
qualifications of GCCF personnel.
    Legislative affairs.--The Office of Legislative Affairs 
rarely provides information proactively, and its reactive 
responses to requests for information are not timely. In most 
circumstances, the Committee is more likely to get information 
about significant DOJ issues from the media or from other 
government agencies than from the Department itself. There 
appears to be a policy within the Administration to withhold 
information, regardless of the source of the request or its 
context. When the Administration follows this path, the 
Committee is forced to pursue its business without exchanging 
ideas and information with the Department, and the result is 
often a less favorable outcome for the Department itself.

                 JUSTICE INFORMATION SHARING TECHNOLOGY

    The Committee recommends $44,307,000 for Justice 
Information Sharing Technology, which is $15,857,000 below 
fiscal year 2011 and $10,000,000 below the request.

                LAW ENFORCEMENT WIRELESS COMMUNICATIONS

    The Committee recommends $99,800,000 for Law Enforcement 
Wireless Communications, which is the same as fiscal year 2011 
and $2,951,000 below the request.
    The Committee understands that until the Department 
completely migrates from its legacy wideband systems to a 
standards-based land mobile radio system that is digital 
narrowband, secure with National Institute of Standards and 
Technology-approved algorithms and which provides over-the-air 
rekeying capability, the need to be backward compatible with 
existing DOJ systems will continue to exist. The Committee 
further understands that complicating the Department's adoption 
of standards-based systems is the fact that P25 (the current 
public safety voluntary, industry driven standard) is many 
years in the making and still not yet complete. Within such 
constraints, the Committee expects DOJ to utilize full and open 
contracting and procurement procedures to the greatest extent 
possible. The Committee encourages the Department to leverage 
the technologies it has deployed in the national capital 
region's Integrated Wireless Network as it considers future 
deployments in other regions.

                   ADMINISTRATIVE REVIEW AND APPEALS

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $300,084,000 for the Executive 
Office for Immigration Review (EOIR) and the Office of the 
Pardon Attorney, which is the same as fiscal year 2011 and 
$32,499,000 below the request.
    Legal Orientation Program.--The Committee expects that EOIR 
will continue its highly successful Legal Orientation Program 
(LOP). LOP educates detained aliens about the immigration court 
process, how to determine if they are eligible for immigration 
relief or for an expedited removal process, and how to obtain 
legal representation or represent themselves. A 2008 Vera 
Institute of Justice study found that LOP participants conclude 
their immigration court cases an average of 13 days sooner than 
alien detainees who do not receive LOP assistance. The 
Committee encourages EOIR to dedicate funds to LOP, as 
necessary and available, to ensure the continuation of this 
program.

                           DETENTION TRUSTEE

    The Committee recommends $1,515,626,000 for the Office of 
the Federal Detention Trustee (OFDT), which is the same as 
fiscal year 2011 and $79,734,000 below the request.
    The Committee is aware that OFDT's resource needs are 
directly impacted by law enforcement and prosecutorial 
priorities, such as increases in immigration enforcement by the 
Department of Homeland Security and efforts to combat drug and 
gun smuggling along the Southwest border. The Committee expects 
the OFDT to keep the Committee apprised of changes in average 
daily population forecasts so that resource requirements for 
fiscal year 2012 can be verified and refined, particularly with 
regard to impacts of law enforcement initiatives on the 
Southwest border. The Committee expects the OFDT, within all 
available resources, to acquire detention capacity for Federal 
detainees as effectively and efficiently as possible, including 
through Federal facilities, intergovernmental agreements, 
private jail facilities, and the Capital Improvement Program.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $84,199,000 for the Office of 
Inspector General (OIG), which is the same as fiscal year 2011 
and $858,000 below the request.
    The Committee recommendation includes reporting 
requirements on the FBI's Sentinel program and overlap and 
duplication between the FBI and ATF on explosives 
investigations. Both reports will be concurrently submitted to 
the OIG for review and follow-up comment to the Committee.

                    United States Parole Commission


                         SALARIES AND EXPENSES

    The Committee recommends $12,833,000 for the United States 
Parole Commission, which is the same as fiscal year 2011 and 
$380,000 below the request.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

    The Committee recommends $841,767,000 for General Legal 
Activities, which is $21,600,000 below fiscal year 2011 and 
$113,624,000 below the request. This appropriation supports the 
establishment of litigation policy, the conduct of litigation, 
and other legal responsibilities of the Department of Justice 
through the Office of the Solicitor General, the Tax Division, 
the Criminal Division, the Civil Division, the Environment and 
Natural Resources Division, the Civil Rights Division, the 
Office of Legal Counsel, INTERPOL Washington and the Office of 
Dispute Resolution. The Committee expects the Criminal Division 
to prioritize, within available resources, prosecution of cases 
in connection with the Project Safe Childhood program. The 
Committee further expects INTERPOL Washington to prioritize, 
within available resources, efforts to arrest fugitive sex 
offenders, track convicted sex offenders that travel to foreign 
countries, combat child sex tourism and locate missing and 
exploited children.
    Human trafficking.--The Committee recommendation includes 
not less than the fiscal year 2011 funding level for the Human 
Trafficking and Slavery Prosecution Unit (HTSPU) in the Civil 
Rights Division to fight human trafficking and slavery.
    Voting rights.--The Committee expects that the Department 
will provide adequate resources to the Civil Rights Division so 
that the Division may thoroughly oversee and enforce activities 
with respect to the Voting Rights Act. Further, the Committee 
expects that the Civil Rights Division will enforce the Voting 
Rights Act, and all of the civil rights laws in its 
jurisdiction, in a vigorous and evenhanded manner.
    Defense of Marriage Act.--On February 23, 2011, the 
Attorney General notified Congress that the President had 
determined that Section 3 of the Defense of Marriage Act (DOMA) 
violates the Equal Protection component of the Fifth Amendment, 
and made the extraordinary announcement that the Department 
would refrain from defending its constitutionality. As a 
result, the Committee recommendation recognizes that resources 
to support the defense of DOMA and any associated litigation 
are no longer necessary under this account. Instead, the cost 
burden for appropriately defending this Federal statute has 
fallen to the House of Representatives.

               SALARIES AND EXPENSES, ANTITRUST DIVISION

    The Committee recommends $162,844,000 for salaries and 
expenses of the Antitrust Division, which is the same as fiscal 
year 2011 and $3,377,000 below the request. The recommended 
funding level is offset by $108,000,000 in fee collections for 
a net direct appropriation of $54,844,000.

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

    The Committee recommends $1,930,135,000 for the Executive 
Office for United States Attorneys (EOUSA) and the 94 United 
States Attorney Offices, which is the same as fiscal year 2011 
and $65,014,000 below the request. The Committee expects the 
U.S. Attorneys to prioritize, within available resources, 
prosecution of cases in connection with the Project Safe 
Childhood program.
    Human trafficking.--Although great strides have been made 
in combating sex trafficking and other forms of human 
trafficking, DOJ can and must do a better job of investigating 
and prosecuting these crimes. Human trafficking is a serious 
Federal civil rights crime and the Committee believes that 
combating it must be a top priority of not only DOJ, but also 
of State and local governments. The Committee recommendation 
includes language directing each U.S. Attorney to establish a 
regional human trafficking task force. The Committee directs 
such task forces to engage law enforcement, elected leadership, 
civic groups and faith-based groups and to convene quarterly, 
working-level meetings where Federal, State and local law 
enforcement are represented. Task force meetings should focus 
specifically on combating human trafficking, with an emphasis 
on undertaking proactive investigations. The Committee directs 
the Department to submit an annual report regarding the work of 
these task forces.
    In addition, the Committee directs the Department of 
Justice to undertake outreach efforts in the form of public 
notices, such as newspaper advertisements, in ethnic 
communities in the U.S., the home countries of which represent 
the top ten countries with regard to the prevalence of human 
trafficking activities. These efforts shall be designed to 
increase awareness of what constitutes human trafficking crimes 
and provide information on how assistance can be obtained, with 
the objective being the discovery and rescue of victims and the 
identification and prosecution of offenders. The Committee 
further directs the Department to report to the Committee 
regarding such outreach efforts.

                   UNITED STATES TRUSTEE SYSTEM FUND

    The Committee recommends $219,442,000 for the United States 
Trustee Program (USTP), which is $631,000 above fiscal year 
2011 and $14,673,000 below the request. The recommended funding 
is fully offset by fee collections.
    Debtor audits.--The Committee recommendation includes not 
less than the fiscal year 2011 funding level for debtor audits.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

    The Committee recommends $2,113,000 for the Foreign Claims 
Settlement Commission, which is the same as fiscal year 2011 
and $11,000 below the request.

                     FEES AND EXPENSES OF WITNESSES

    The Committee recommends $270,000,000 for fees and expenses 
of witnesses who appear on behalf of the Government in cases in 
which the United States is a party, which is the same as fiscal 
year 2011 and the same as the request. This appropriation is 
considered mandatory for scorekeeping purposes.

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

    The Committee recommends $11,456,000 for the Community 
Relations Service, which is the same as fiscal year 2011 and 
$1,511,000 below the request.

                         ASSETS FORFEITURE FUND

    The Committee recommends $20,948,000 for the Assets 
Forfeiture Fund, which is the same as fiscal year 2011 and 
$42,000 below the request.

                     United States Marshals Service


                         SALARIES AND EXPENSES

    The Committee recommends $1,123,511,000 for the United 
States Marshals Service, which is the same as fiscal year 2011 
and $120,059,000 below the request. The Committee expects the 
Marshals Service to prioritize, within available resources, sex 
offender apprehension and the continuation of necessary 
judicial protection enhancements for the Southwest border 
region.

                              CONSTRUCTION

    The Committee recommends $10,625,000 for construction and 
related expenses in space controlled, occupied or utilized by 
the Marshals Service for prisoner holding and related support, 
which is $5,967,000 below fiscal year 2011 and $5,000,000 below 
the request.

                       National Security Division


                         SALARIES AND EXPENSES

    The Committee recommends $87,762,000 for the National 
Security Division (NSD), which is the same as fiscal year 2011 
and $120,000 below the request.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

    The Committee recommends $527,512,000 for Interagency Crime 
and Drug Enforcement, which is the same as fiscal year 2011 and 
$13,454,000 below the request.
    The interagency program of the Organized Crime Drug 
Enforcement Task Forces (OCDETF) focuses participants on the 
mission of attacking high-level drug trafficking organizations 
through coordinated, multi-jurisdictional investigations.
    Southwest border.--The recommendation does not include the 
requested increase in this account for Southwest border 
activities, but the Committee encourages OCDETF to prioritize 
within existing funds the continuation of support for Assistant 
U.S. Attorney positions and collocated Strike Forces which were 
initiated with supplemental funding in fiscal year 2010. OCDETF 
shall submit a report showing the planned distribution of 
personnel (by bureau) to each of the collocated Strike Forces. 
This report shall be submitted to the Committee no later than 
120 days after the enactment of this Act.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

    The Committee recommends $7,994,991,000 for the Salaries 
and Expenses account of the Federal Bureau of Investigation 
(FBI), which is $175,836,000 above fiscal year 2011 and the 
same as the request.
    Computer intrusions.--The recommendation includes a program 
increase of $18,628,000 and 42 positions for investigative 
improvements and protection of infrastructure related to 
malicious cyber intrusions. Attacks against the critical 
infrastructure in the United States represent a significant and 
growing threat to our national and economic security. The 
increase in funding will enable the FBI to proactively combat 
terrorist use of the Internet, to establish 24x7 operations at 
the National Cyber Investigative Joint Task Force, and to 
improve the analysis of digital evidence. The Committee 
understands that there are currently over 1,400 backlogged 
digital forensics cases, and that the increase provided for 
fiscal year 2012 is expected to address one-third of this 
backlog. The Committee directs the FBI to produce an annual 
national cyber threat assessment, in both classified and 
unclassified versions, and submit such reports to the Committee 
no later than January 15, 2012.
    National security.--The recommendation includes program 
increases totaling $48,870,000 and 73 positions to address 
national security threats, including $10,281,000 and 44 
positions to increase surveillance capabilities related to 
international terrorism; $8,016,000 and 10 positions to support 
an FBI-wide aggregated, investigative data management system; 
$16,824,000 and 18 positions to support the High-value Detainee 
Interrogation Group (HIG); $6,000,000 to improve accuracy of 
data and efficiency of processing by the Terrorist Screening 
Center; and $7,749,000 and one position for programs designed 
to analyze and address emerging national security threats.
    The Committee understands that the mission of the HIG is to 
deploy the Nation's best available interrogation resources 
against terrorism detainees identified as having access to 
information with the greatest potential to prevent terrorist 
attacks against the United States and its allies. The HIG 
capability includes the deployment of mobile teams to 
interrogate subjects, where the primary goal is the collection 
of intelligence to prevent terrorist attacks. The Committee 
supports the establishment of dedicated resources to the HIG. 
The responsibilities of the HIG include the conduct of 
scientific research to determine the effectiveness of current 
interrogation techniques, and develop new effective, lawful 
techniques. The Bureau shall submit a report to the Committee 
by January 15, 2012, detailing the research activities 
conducted under the auspices of the HIG, the results of such 
research, and any recommendations for the development of new 
techniques.
    Electronic surveillance capabilities.--Changes in 
communications technologies are presenting new challenges to 
law enforcement's ability to access, intercept, collect and 
process wire or electronic communications to which they are 
lawfully authorized. The recommendation includes program 
increases totaling $12,466,000 to address such challenges, 
including $10,463,000 and 13 positions to establish and operate 
a Domestic Communications Assistance Center, which will serve 
as a hub for the management of knowledge and technical 
expertise regarding lawful electronic surveillance and 
facilitate the sharing of solutions among Federal, State and 
local law enforcement.
    Weapons of Mass Destruction (WMD)/Render Safe.--The 
recommendation includes a program increase of $40,000,000 and 
13 positions to address the WMD threat. This increase will 
support the acquisition and refurbishment of two aircraft to 
carry out the Render Safe mission.
    Analytic career path training.--In order to effectively 
carry out its law enforcement and national security missions, 
the FBI must improve intelligence collection, analysis and 
information sharing. The recommendation includes a program 
increase of $2,486,000 for analytic career path training, 
including specialized training in each FBI intelligence 
discipline, and a mandatory 15-day intermediate training course 
for intelligence analysts.
    Violent crime/gangs.--The recommendation includes a program 
increase of $9,000,000 and 40 positions to bolster existing 
Safe Streets and Safe Trails Task Forces to combat violent 
crime and gang crime. The Bureau shall submit a report to the 
Committee by January 15, 2012, displaying the proposed 
distribution of these additional resources.
    Human trafficking.--Within funding provided, the Committee 
expects the Bureau to increase activities related to the 
investigation of severe forms of trafficking in persons. The 
FBI shall submit a report to the Committee no later than 120 
days after the enactment of this Act on agent utilization and 
overall staff resources dedicated to trafficking between fiscal 
years 2010 and 2012. In addition, the Committee expects the 
Bureau to share trafficking case information on an ongoing 
basis with other law enforcement agencies and task forces 
working similar cases.
    Southwest border.--The recommended funding level includes 
an increase of $15,892,000 above fiscal year 2011 to continue 
support for the additional positions provided in fiscal year 
2010 supplemental appropriations for enhanced Southwest border 
law enforcement.
    Intellectual property rights (IPR) enforcement.--The 
Committee expects the FBI to continue to prioritize the 
investigation of intellectual property rights (IPR) cases, and 
to coordinate with IPR units at the U.S. Attorneys and the 
Criminal Division. The FBI shall submit a report on agent 
utilization and overall staff resources dedicated to 
investigating intellectual property cases, and an accounting of 
the agents placed in specific field offices since fiscal year 
2010. The report shall be submitted to the Committee no later 
than 120 days after the enactment of this Act.
    Sentinel.--The Committee is concerned by continuing 
problems with the development of the FBI's case management 
system, Sentinel. Contract work was stopped last year when the 
determination was made that the desired functionalities could 
not be delivered within the existing budget. The Committee 
understands that the FBI has brought the management of the 
program in-house and adopted a new program management approach. 
The Committee expects the FBI to continue all necessary 
periodic oversight reviews in accordance with recommendations 
of the Inspector General. In addition, the recommendation 
includes language under section 213 requiring the Attorney 
General to report to the Committee a cost and schedule estimate 
for the final operating capability of the Sentinel program, and 
a detailed list of the functionalities included in the final 
operating capability. This report will be submitted 
concurrently to the Department's Office of Inspector General 
for their review and comment.
    File inventory.--The FBI is directed to continue supporting 
its nationwide file inventory program at no less than the level 
provided for this activity in fiscal year 2011.
    DNA programs.--The Committee encourages the FBI to 
undertake activities to facilitate familial DNA searches of the 
National DNA Index System (NDIS) database of convicted 
offenders, and work with the NDIS Procedures Board to consider 
the establishment of procedures allowing familial searches only 
for serious violent and sexual crimes where other investigative 
leads have been exhausted. The procedures should provide 
appropriate protections for the privacy rights of those in the 
NDIS database.
    White collar crime.--The recommended funding level includes 
an increase of $12,816,000 above fiscal year 2011 to continue 
support for the additional positions provided in fiscal year 
2009 to enhance the investigation of white collar and financial 
crime. The Committee expects the FBI to investigate thoroughly 
complex, high-priority financial and mortgage fraud cases, 
including those that may have contributed to the financial 
crisis and the crisis in the housing sector.
    Criminal alien identification.--The FBI shall submit a 
report to the Committee by January 15, 2012, detailing the 
FBI's participation in Federal interagency information-sharing 
efforts to identify criminal aliens.

                              CONSTRUCTION

    The Committee recommends $80,982,000 for the construction 
of FBI facilities and related activities, which is $26,113,000 
below fiscal year 2011 and the same as the request.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

    The Committee recommends total budget authority of 
$2,297,658,000 for the Drug Enforcement Administration (DEA), 
of which $322,000,000 is derived from fees deposited in the 
Diversion Control Fund, resulting in a direct appropriation of 
$1,975,658,000. The recommendation is $30,225,000 above the 
fiscal year 2011 level, and $56,456,000 below the request.
    DEA's mission is to enforce the controlled substances laws 
and regulations of the United States; bring to the criminal and 
civil justice system those organizations and principal members 
of organizations involved in the growing, manufacturing or 
distribution of controlled substances appearing in or destined 
for illicit traffic in the United States; and support non-
enforcement programs aimed at reducing the availability of 
illicit controlled substances on the domestic and international 
markets.
    Southwest border and Caribbean enforcement.--The Committee 
expects DEA, within the funding provided, to prioritize 
resources for law enforcement activities on the Southwest 
border, in Mexico and the Caribbean, including continuation of 
funding for additional positions originally provided through 
supplemental appropriations in fiscal years 2009 and 2010, and 
for the Mexican Sensitive Investigation Unit program.
    Prescription drug abuse.--The number of Americans abusing 
controlled substance pharmaceuticals far exceeds the number of 
abusers of cocaine, heroin and hallucinogens combined. The 
recommendation includes a program increase of $30,885,000 and 
124 positions to support regulatory and enforcement activities 
of the Diversion Control Program, for a total funding level of 
$322,000,000. All funding for the Diversion Control Program is 
fully offset by fee collections.
    Mobile Enforcement Teams.--The recommendation adopts the 
proposal in the President's budget to terminate the Mobile 
Enforcement Teams (MET) program, for a savings of $39,100,000 
and 145 positions.
    Afghanistan operations.--The Committee understands that DEA 
currently has 95 positions in Afghanistan, including 82 
permanent positions at the Kabul Country Office, 10 Foreign-
deployed Advisory and Support Team members that complete 120-
day rotations, and three pilots. Most of the funding for DEA 
salaries, benefits, deployments and operations in Afghanistan 
is currently appropriated to the Department of State. The 
Committee understands that amounts transferred to DEA by the 
Department of State in fiscal year 2011 fall short of the 
amounts needed to continue operations and build successful 
long-term counternarcotics investigation capabilities. In the 
absence of interagency commitment to funding operations costs 
for these programs, the Committee encourages DEA to examine 
whether the current personnel presence is justified, and to 
report to the Committee within 30 days of enactment of this Act 
on any proposed personnel reductions, and any corresponding 
reductions in DEA direct appropriations requirements related to 
Afghanistan programs.
    Methamphetamine cleanup.--The funding recommendation for 
State and Local Law Enforcement Assistance includes $15,000,000 
for transfer to DEA to assist State, local and tribal law 
enforcement agencies with the proper removal and disposal of 
hazardous materials at clandestine methamphetamine labs, 
including funds for training, technical assistance, a container 
program and purchase of equipment. In fiscal year 2010, there 
were over 10,000 methamphetamine lab cleanups administered by 
DEA, an increase of 33 percent above the previous year, and the 
anticipated total for fiscal year 2011 is a further increase in 
the number of cleanups. The funding provided by transfer to DEA 
for fiscal year 2012 is an increase of $6,700,000 above the 
fiscal year 2011 level.
    Field staffing.--DEA shall provide a report to the 
Committee by January 15, 2012, on personnel vacancy rates, 
comparing the rates among the DEA field divisions, and 
outlining any incentives or mechanisms being used, or planned 
to be used, to boost recruitment and retention of agents in 
jurisdictions with higher vacancy rates, including in the 
Caribbean region.
    Synthetic drugs.--The Committee is aware of DEA attention 
to the new and emerging dangers of synthetic drugs. DEA shall 
submit a report to the Committee by January 15, 2012, detailing 
its plans to address synthetic cannabinoids as well as those 
other synthetic drugs on DEA's list of ``drugs and chemicals of 
concern''. The report should include an explanation of existing 
DEA authorities to fight the spread of synthetic and designer 
drugs, and an assessment of the adequacy of existing 
authorities.

                              CONSTRUCTION

    The Committee recommends $10,000,000 for DEA Construction, 
which is $10,000,000 above fiscal year 2011, and the same as 
the request.
    El Paso Intelligence Center (EPIC).--The high demand within 
the interagency community for space at EPIC demonstrates the 
value it provides to DEA and its law enforcement and 
intelligence partners. The current facility is already 
overcrowded, and agencies are planning to send still more 
personnel to EPIC throughout fiscal years 2011 and 2012 as law 
enforcement entities seek to further consolidate and coordinate 
their interdiction, intelligence and investigative activities 
focused on the Southwest border region. The recommended level 
is intended to support an expansion of the EPIC facility, as 
requested, using semi-permanent structures to accommodate 
approximately 100 additional staff.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

    The Committee recommends $1,112,542,000 for the salaries 
and expenses of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives (ATF), which is the same as fiscal year 2011 and 
$34,753,000 below the request.
    The recommendation makes permanent a number of funding 
prohibitions, carried in previous years, related to 
consolidating records, the definition of ``curios and relics,'' 
the transfer of ATF functions, firearms trace data, physical 
inventories, retrieval of information by name, and the denial 
of applications due to a lack of business activity.
    Operation Fast and Furious.--The Committee is concerned 
about allegations that ATF allowed suspected or even identified 
straw purchasers to purchase large quantities of firearms as 
part of a long-term gun trafficking investigation known as 
Operation Fast and Furious. The Committee understands that the 
Attorney General has referred this matter to the Department's 
Inspector General (IG) for an investigation, and that there may 
also be other independent and Congressional investigations 
forthcoming.
    The Committee is aware that the Attorney General has 
instructed, and subsequently reiterated, that Department law 
enforcement personnel are not knowingly to allow any firearms 
to be illegally transported into Mexico for any reason. The 
Committee expects that it is also the policy of the Department 
that law enforcement personnel are not knowingly to allow any 
firearms to be illegally transferred, in the U.S. or elsewhere, 
unless the arrest of a suspect is imminent or surveillance can 
be maintained for as long as necessary to effect an arrest.
    The Committee believes that an outside, independent 
investigator should be appointed to conduct a thorough 
investigation of the allegations against ATF with respect to 
Operation Fast and Furious and the policies guiding this and 
similar operations. The Committee expects the Department and 
ATF to cooperate fully with all oversight investigations into 
Operation Fast and Furious--whether by the Inspector General, 
an independent, government-appointed investigator, or 
Congress--by promptly and thoroughly responding to all requests 
for information regarding this matter.

                         Federal Prison System


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $6,312,410,000 for the salaries 
and expenses of the Federal Prison System, which is $30,000,000 
above fiscal year 2011 and $411,856,000 below the request. 
Within the amounts provided, the Committee expects the Bureau 
of Prisons (BOP) to prioritize the activation of facilities 
where construction is complete and activation can relieve 
overcrowding at existing facilities. The Committee further 
expects BOP to prioritize, within available resources, sex 
offender management, as required by the Adam Walsh Child 
Protection and Safety Act of 2006.
    Counterterrorism activities.--The Committee recommendation 
includes funds for BOP's counterterrorism activities, including 
the monitoring and translation of the communications of 
incarcerated terrorists and the dissemination of information, 
as appropriate, to law enforcement agencies.
    Radicalization in Federal prisons.--The Committee 
understands that in April 2004 the Inspector General (IG) 
published a report entitled, A Review of the Bureau of Prisons' 
Selection of Muslim Religious Services Providers. In this 
report, the IG recommended that BOP conduct an inventory of 
chapel books and videos, re-screen them to confirm that they 
are permissible under BOP security policies, and maintain a 
central registry of acceptable materials. The Committee is 
aware that BOP's registry currently includes sermons entitled: 
The Bible: Truth or Altered by the White Man?, Conspiracy of 
the International Bankers, Conspiracy of the U.S. Government, 
Controversy with Jews, and Which One Will You Choose, the Flag 
of Islam or the Flag of America? The Committee instructs the 
Department to take the necessary actions to eliminate prisoner 
access to radicalizing material, and directs the Department to 
submit a report on its maintenance of such central registry and 
the processes employed to ensure that potentially radicalizing 
materials are not included.
    Reentry research.--The Committee believes it is imperative 
that experts at BOP and outside the government fully understand 
the drivers of population, costs and recidivism so that 
overcrowding, costs and recidivism can be addressed. The 
Committee encourages BOP to undertake a comprehensive analysis 
of its policies and determine the reforms and best practices 
that will help reduce spending and recidivism. The Committee is 
aware that most state corrections systems began their reform 
process by providing outside experts with corrections data in 
order to obtain a comprehensive analysis. The Committee 
appreciates that the former Director committed to contributing 
large volumes of data to the review process, and encourages the 
Bureau to build upon these efforts.
    Work in prisons.--Increasing work opportunities for Federal 
prisoners is an important priority of the Committee. Every 
prisoner should have a job. Statistics from the Bureau of 
Prisons indicate that inmates who participate in work programs 
are 24 percent less likely to offend again, 14 percent more 
likely to find work outside of prison, and 23 percent less 
likely to have misconduct issues in prison. The BOP shall 
report to the Committee by January 15, 2012, on actions taken 
and planned to increase meaningful work opportunities available 
to inmates.
    Sentence reduction opportunities.--The Committee is aware 
that the Department has developed two proposals to amend the 
statutory law on Federal inmate good conduct time to provide 
inmates additional incentives to encourage positive behavior. 
The first proposal would increase good time credit availability 
by seven days per year. The second proposal would provide 
incentives for participation in recidivism-reducing 
programming. If enacted, these changes could potentially result 
in a cost avoidance, assumed in the recommendation, of $41 
million by slowing the rate of inmate population growth. The 
Committee encourages BOP to work with the authorizing 
committees on these and other proposals that reduce both 
recidivism and appropriations requirements to secure support 
for passage of this legislation.
    Contract confinement.--The Committee expects the BOP to 
meet bed space needs using State, local and private prison 
capacity, if these facilities meet BOP's standards. BOP is 
encouraged to solicit proposals in a manner that allows for an 
optimal level of competition so that BOP's requirements can be 
met and the best value can be achieved.

                        BUILDINGS AND FACILITIES

    The Committee recommends $98,957,000 for the construction, 
acquisition, modernization, maintenance, and repair of prison 
and detention facilities housing Federal inmates, which is the 
same as fiscal year 2011 and $437,000 below the request.
    The Committee directs the BOP to continue to provide a 
monthly status of construction report, and to notify the 
Committee of any deviation from the construction and activation 
schedule identified in that report.

   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

    The Committee recommends a limitation on administrative 
expenses of $2,700,000 for Federal Prison Industries, 
Incorporated, which is the same as fiscal year 2011 and the 
same as the request.
    Federal Prison Industries.--In addition to its function as 
a reentry tool, the Committee believes that Federal Prison 
Industries, if allowed to enter into partnerships with private 
businesses, could bring some lost manufacturing back into the 
United States while providing inmates with opportunities to 
learn skills that will be marketable after release. Therefore, 
language is included under section 219 of the bill to allow 
Federal Prison Industries to carry out pilot projects to 
produce items not currently produced in the United States.

               State and Local Law Enforcement Activities

    In total, the Committee recommends $1,747,533,000 for State 
and local law enforcement and crime prevention grant programs. 
The recommendation consolidates such programs into the 
following accounts: Violence Against Women Prevention and 
Prosecution Programs; Research, Evaluation and Statistics; 
State and Local Law Enforcement Assistance; and Public Safety 
Officer Benefits. Some programs funded under Juvenile Justice 
and Community Oriented Policing Services in previous years are 
included under different headings in this new account 
structure.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

    The Committee recommends $437,663,000 for the Office on 
Violence Against Women (OVW), which is $20,000,000 above fiscal 
year 2011 and $5,913,000 above the request. These funds are 
distributed as follows:

------------------------------------------------------------------------
                       Program                            Recommended
------------------------------------------------------------------------
STOP Grants..........................................      $210,000,000
    Transitional Housing Assistance..................       (18,000,000)
    Research & Evaluation on Violence Against Women..        (3,000,000)
Grants to Encourage Arrest Policies..................        55,000,000
Sexual Assault Victims Services......................        20,000,000
Rural Domestic Violence & Child Abuse Enforcement....        41,000,000
Violence on College Campuses.........................         9,500,000
Civil Legal Assistance...............................        41,000,000
Elder Abuse Grant Program............................         4,250,000
Safe Havens Program..................................        11,663,000
Education & Training for Disabled Female Victims.....         5,750,000
Court Training and Improvements Program..............         5,000,000
Research on Violence Against Indian Women............         1,000,000
Engaging Men and Youth in Prevention.................         3,000,000
Services for Children/Youth Exposed to Violence......         3,000,000
Advocates for Youth/Services for Youth Victims                3,500,000
 (STARY).............................................
Supporting Teens through Education and Protection             2,500,000
 program.............................................
National Resource Center on Workplace Responses......         1,000,000
Indian Country--Sexual Assault Clearinghouse.........           500,000
OVW Program Management and Administration............        20,000,000
                                                      ------------------
    TOTAL, Office on Violence Against Women..........      $437,663,000
------------------------------------------------------------------------

    Children exposed to violence.--The Committee recommendation 
includes $3,000,000, for a competitive program known as 
Children and Youth Exposed to Violence. The program provides 
grants for projects that seek to mitigate the effects of 
domestic violence, dating violence, sexual assault, and 
stalking on children and youth exposed to violence and reduce 
the risk of future victimization or perpetration of such 
crimes. The funding will support projects that provide services 
for children including direct counseling, advocacy, and 
mentoring, and promote coordination between domestic violence 
and sexual assault programs.

                       Office of Justice Programs


                  RESEARCH, EVALUATION AND STATISTICS

    The Committee recommends $182,585,000 for Research, 
Evaluation and Statistics, which is $51,945,000 below fiscal 
year 2011 and $4,085,000 above the request. These funds are 
distributed as follows:

------------------------------------------------------------------------
                        Program                            Recommended
------------------------------------------------------------------------
Bureau of Justice Statistics..........................       $46,585,000
National Institute of Justice.........................        41,000,000
Regional information sharing..........................        25,000,000
Missing and exploited children........................        70,000,000
                                                       -----------------
    TOTAL, Research, Evaluation and Statistics........      $182,585,000
------------------------------------------------------------------------

    Domestic radicalization.--The Committee is pleased that DOJ 
is committed to utilizing a portion of its resources to address 
the issue of domestic radicalization, a national security 
challenge that must be confronted. According to the 
Congressional Research Service, there have been 43 homegrown 
jihadist terrorist plots and attacks since 9/11, including 22 
plots or attacks since May 2009. As U.S. government officials, 
law enforcement and community leaders seek to understand and 
combat this emerging challenge, the Committee believes that the 
National Institute of Justice (NIJ) can play a critical role in 
examining the drivers of domestic radicalization and defining 
the role of State and local law enforcement in breaking the 
radicalization and recruitment cycle that sustains terrorism. 
In addition to the base NIJ resources provided under this 
heading, $5,000,000 is provided under the State and Local 
Enforcement Assistance account for such research.
    National Law Enforcement and Corrections Technology 
Centers.--The Committee continues to support the National Law 
Enforcement and Corrections Technology Centers, a network of 
facilities and capabilities that converts technology to law 
enforcement use. The Centers provide actual casework assistance 
when highly specialized technologies are required, and help in 
identifying and locating high quality technologies and 
equipment for law enforcement use. The recommendation continues 
the current year level of funding for the Centers.
    Advances in forensic sciences.--The Committee is aware of 
research efforts that have provided new tools to law 
enforcement agencies by using unique skin pigmentation patterns 
and unique vein patterns to positively identify suspects from 
photographs. There is a need to develop new and promising 
methods of identification like this and validate the methods' 
findings for broader use in law enforcement and homeland 
security. As the National Academy of Sciences found in the 2009 
report entitled, Strengthening Forensic Science in the United 
States, there is a need for ongoing research and testing to 
ensure the improvement and success of our forensic sciences. 
Accordingly, the Committee urges the Department to promote 
rigorous standards and best practices for the forensic sciences 
and to support innovative technologies that may offer valuable 
new tools for public safety agencies.
    Regional information sharing activities.--The Committee 
recommendation includes $25,000,000 for regional information 
sharing activities, which is $7,500,000 above the request.
    Missing and exploited children/Internet Crimes Against 
Children (ICAC).--The Committee is aware that one way the 
Office of Justice Programs (OJP) addresses the proliferation of 
internet crimes against children is through its ICAC Task 
Forces. These task forces help State and local law enforcement 
agencies develop an effective response to cyber enticement and 
child pornography cases. In fiscal year 2010, ICAC Task Forces 
identified 2,168 child victims through ICAC investigations, 
reviewed 6,459 complaints of internet predator traveler/child 
enticement, and made over 5,311 arrests of individuals who 
sexually exploit children--bringing the arrest total to 23,708 
since 1998. To continue to build on this success, the Committee 
encourages the Department to fund programs with proven training 
results and low administrative costs.
    Spending plans.--The Committee directs the Department to 
include in the Department's fiscal year 2012 spending plan, a 
plan for the use of all funding administered by the National 
Institute of Justice and the Bureau of Justice Statistics, 
respectively, and a plan for the use of funds provided for 
missing and exploited children programs.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

    The Committee recommends $1,048,985,000 for State and Local 
Law Enforcement Assistance programs, which is $68,860,000 below 
fiscal year 2011 and $124,515,000 below the request. These 
funds are distributed as follows:

------------------------------------------------------------------------
                       Program                            Recommended
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............      $357,265,000
    Domestic Radicalization Research.................        (5,000,000)
    Criminal Justice Reform and Recidivism Reduction.        (6,000,000)
    Presidential Nominating Convention Security......        (4,000,000)
Southwest Border Prosecutions........................        25,730,000
Byrne Competitive Grants.............................        15,000,000
Missing Alzheimer's Patient Grants...................         2,000,000
Victims of Trafficking Grants........................        10,500,000
Drug Courts..........................................        40,000,000
Prescription Drug Monitoring.........................         7,000,000
Prison Rape Prevention and Prosecution...............        12,500,000
Residential Substance Abuse Treatment................        15,000,000
Wrongful Conviction Review...........................         1,000,000
Mentally Ill Offender Act............................         9,960,000
Tribal Assistance....................................        41,500,000
    Tribal Prison Construction.......................        (8,300,000)
    Indian Tribal Courts.............................       (20,750,000)
    Indian Alcohol and Substance Abuse grants........        (9,960,000)
    Legal Assistance.................................        (2,490,000)
Economic, High-tech and Cybercrime Prevention........         4,000,000
CASA--Special Advocates..............................         6,000,000
Bullet-Proof Vests...................................        24,900,000
National Instant Criminal Background Check System....         5,000,000
Criminal Records Upgrade.............................         6,000,000
Second Chance Act/Offender Reentry...................        70,000,000
Juvenile Justice State Formula Grants................        40,000,000
Juvenile Justice Youth Mentoring Grants..............        83,000,000
Investigation and Prosecution Of Child Abuse.........        15,000,000
Methamphetamine Lab Cleanups.........................        15,000,000
    Transfer to DEA..................................       (15,000,000)
DNA Initiative.......................................       133,630,000
    Debbie Smith DNA Backlog grants..................      (125,330,000)
    Post-Conviction DNA Testing grants...............        (4,150,000)
    Sexual Assault Forensic Exam Program grants......        (4,150,000)
Tribal Law Enforcement...............................        20,000,000
Child Sexual Predator program........................         9,000,000
OJP Program Management and Administration............        80,000,000
                                                      ------------------
    TOTAL, State & Local Law Enforcement Assistance..    $1,048,985,000
------------------------------------------------------------------------

    Edward Byrne Memorial Justice Assistance Grant (JAG) 
program.--The recommendation includes $357,265,000 for the 
Byrne/JAG program. Funding under this formula program is 
authorized for law enforcement programs; prosecution and court 
programs; prevention and education programs; corrections 
programs; drug treatment and enforcement programs; planning, 
evaluation, and technology improvement programs; and crime 
victim and witness programs, other than compensation. Within 
the amount provided, $6,000,000 is for criminal justice reform 
and recidivism reduction efforts, $5,000,000 is for research on 
domestic radicalization, and $4,000,000 is for initial local 
law enforcement costs related to preparations for the 2012 
presidential nominating conventions. With regard to the 
conventions, the Committee notes that the Department failed to 
request any funding for this activity, and expects that future 
budget requests will address additional resource requirements 
associated with convention security.
    Byrne competitive grants.--The recommendation includes 
$15,000,000 for competitive grants to improve the functioning 
of the criminal justice system, prevent or combat juvenile 
delinquency, and assist victims of crime. The Committee is 
greatly concerned about the spike in ambush-style assaults that 
have taken the lives of many law enforcement officers in recent 
months, and urges OJP to consider supporting training and 
technical assistance efforts designed to ensure officer 
resilience and survivability following violent encounters in 
the course of their duties.
    Evidence-based programs.--The Committee strongly urges the 
Department to ensure that, to the greatest extent practicable, 
competitive grants are used for evidence-based programs and 
activities.
    Southwest border.--The Committee recognizes the need for 
additional resources in the Southwest border States as State 
and local governments struggle to respond to increasing crime 
and drug trafficking threats. The Committee recommendation 
includes funding through the Byrne Justice Assistance Grant 
program for such costs as overtime for State and local law 
enforcement personnel and operational funding for special 
response teams. The recommendation also includes $25,730,000 
for the Southwest Border Prosecutions program, which reimburses 
State, local, and tribal governments for costs associated with 
the prosecution of Federally-initiated and referred criminal 
drug and alien cases declined by local U.S. Attorneys. No 
funding was requested for this program for fiscal year 2012. In 
addition, the Committee encourages the Department to consider 
the law enforcement needs in this region in the awarding of 
grants under the competitive grant programs funded under this 
heading.
    Gang violence.--Gangs remain a significant threat to public 
safety in the United States. The Committee is pleased that the 
Department has a comprehensive plan to combat gangs and 
recognizes the critical importance of State and local law 
enforcement and community groups working in a coordinated 
fashion against gang violence. Accordingly, the Committee 
encourages OJP, when awarding competitive grants to improve the 
functioning of the criminal justice system, to give weight to 
the contributions made by gang task forces with enforcement, 
prevention and intervention components, as well as regional 
strategic plans, to the Department's overall gang strategy.
    Human trafficking.--The Committee recommendation includes 
$10,500,000 for services for victims of human trafficking, and 
for task force activities, which is $500,000 above the request. 
The United States is a destination country for thousands of 
men, women, and children trafficked largely from Mexico and 
East Asia, as well as countries in South Asia, Central America, 
Africa, and Europe, for the purposes of sexual and labor 
exploitation. As trafficking victims are subjected to many 
forms of physical, mental, and sexual abuse, victims need 
various types of assistance to begin healing and recovery 
including counseling, housing, medical care, support groups, 
and legal assistance. According to NIJ, the Department of 
Justice has funded 42 jurisdictions and 36 trafficking victim 
services providers to form human trafficking task forces to 
identify and rescue victims of trafficking by proactively 
investigating such cases. The Committee expects that these task 
forces will continue to bring together Federal, State and local 
law enforcement and victim services organizations to 
investigate all forms of human trafficking and assist the 
victims. The Committee encourages the Department to continue to 
support services for U.S. citizens, permanent residents, and 
foreign nationals who are victims of trafficking through the 
funding provided.
    Drug courts.--The Committee recommendation includes 
$40,000,000 for drug courts, which is $2,724,700 above the 
fiscal year 2011 level. Drug courts help reduce recidivism and 
substance abuse among non-violent offenders and increase an 
offender's likelihood of successful rehabilitation through 
intense, judicially-supervised treatment, mandatory periodic 
drug testing, community supervision, and appropriate sanctions. 
The Department proposed replacing this program with a new 
Problem Solving Courts initiative.
    Prescription drug monitoring.--The Committee recommendation 
includes $7,000,000 for the Prescription Drug Monitoring 
Program, which is $7,000,000 above the request. The 
Prescription Drug Monitoring Program assists states in 
planning, establishing or enhancing electronic databases which 
collect data on controlled substances that are dispensed.
    Economic, high-technology and cybercrime.--The Committee 
recommendation includes $4,000,000 for the Economic, High-
technology, and Cybercrime Prevention program, which is 
$4,000,000 above the request. The Committee encourages the 
Department to assist State and local agencies with the 
prevention, investigation and prosecution of intellectual 
property crimes. This program, administered by the Bureau of 
Justice Assistance (BJA), provides competitive grants to 
support and train State and local public safety agencies to 
combat intellectual property crimes such as counterfeiting and 
piracy.
    National Instant Criminal Background Check System (NICS).--
According to OJP, jurisdictions continue to struggle with 
meeting the eligibility requirements mandated by the NICS 
Improvement Amendments Act. At present, only nine States are 
eligible for grants. The recommended funding level reflects the 
fact that there is a significant amount of carry-over funds 
available for obligation under this program.
    Reentry.--The recommendation includes $70,000,000 for 
Second Chance Act grants. As the Committee's series of hearings 
on reentry have illustrated, despite a dramatic increase in 
corrections spending over the past two decades, re-
incarceration rates for people released from prison are largely 
unchanged. This trend is both financially and socially 
unsustainable, yet case studies of innovative, evidence-based 
practices provide a strong indication that it can be reversed. 
The Committee has reached out to the States and State attorneys 
general to share the report of the National Summit on Justice 
Reinvestment and Public Safety and to encourage States to 
consider how the reinvestment strategies highlighted in the 
report can be adapted to use in their own corrections systems. 
The Committee urges OJP to build on these efforts by assisting 
in the development of State reentry councils in order to foster 
State-level advancements in reentry and recidivism reduction. 
The Committee instructs the Department to submit a spending 
plan with respect to funds appropriated for Second Chance Act 
programs within 60 days of enactment of this Act. Such spending 
plan shall designate funds for proven, evidenced-based programs 
that will further the goal of maximizing the public safety 
impact of limited taxpayer resources.
    Youth mentoring.--The recommendation includes $83,000,000 
for youth mentoring grants, which is $38,000,000 above the 
request. The Committee expects the Department to include 
providers of intensive youth mentoring activities associated 
with non-profit, long-term, residential substance abuse 
treatment programs focused on juveniles involved with the 
criminal justice system among the eligible entities for youth 
mentoring grants.
    Improving the investigation and prosecution of child 
abuse.--The Committee recommendation includes $15,000,000 for 
programs authorized under the Victims of Child Abuse Act, 
including grants for technical assistance and training for 
professionals involved in investigating, prosecuting and 
treating child abuse. The Committee recognizes that communities 
throughout the country are reporting increasing instances, and 
more severe cases, of child abuse, neglect, and in some cases 
avoidable death. Ultimately, many of these tragedies can be 
avoided by increasing access to proven, preventative services. 
The Committee also recognizes that child abuse and neglect are 
serious public health problems impacting 900,000 American 
children on an annual basis, which is over 2 percent of 
children nationally. The Committee requests that the Department 
submit a report on the feasibility of establishing a national 
parent helpline to expand access for families in need of 
counseling or parental support groups.
    Sex offender location, arrest and prosecution.--The 
Committee recommendation includes $9,000,000 for grants to 
assist in the location, arrest and prosecution of child sexual 
predators, and to enforce sex offender registration laws, 
including grants for sex offender management assistance and for 
the National Sex Offender Public Web site. The Committee 
directs the Department to include, in the Department's fiscal 
year 2012 spending plan, a plan for the use of all funding 
appropriated for these purposes.
    Methamphetamine cleanup.--The Committee recommendation 
includes $15,000,000 for anti-methamphetamine-related 
activities, which shall be transferred to the DEA to assist 
State, local and tribal law enforcement agencies with the 
proper removal and disposal of hazardous materials at 
clandestine methamphetamine labs, and provide for training, 
technical assistance, a container program and the purchase of 
equipment. The recommendation is $15,000,000 above the request.
    DNA backlog elimination.--The Committee recommendation 
includes $133,630,000 for DNA-related and forensic programs and 
activities, which is $23,630,000 above the request. Within the 
funding provided, the Committee provides $4,150,000 each for 
Post-Conviction DNA Testing grants and Sexual Assault Forensic 
Exam Program grants. The Committee expects that OJP will make 
funding for DNA analysis and capacity enhancement a priority to 
meet the purposes of the Debbie Smith DNA Backlog Grant 
Program. The Committee directs the Department to submit a 
spending plan with respect to funds appropriated for DNA-
related and forensic programs, and a report on the alignment of 
appropriated funds with the authorized purposes of the Debbie 
Smith DNA Backlog Grant Program, within 60 days of enactment of 
this Act.
    Cyberbullying.--The Committee is concerned about children's 
Internet safety and cyberbullying in particular. The Committee 
encourages the Department to work with law enforcement 
officers, community leaders, social media providers and other 
Internet service providers to find ways to help prevent 
cyberbullying and promote safe and responsible Internet use, 
including by recommending that victims report bullying 
incidents to Internet service providers (ISPs) and website 
moderators.

                     PUBLIC SAFETY OFFICER BENEFITS

    The Committee recommends a total of $78,300,000 for the 
Public Safety Officer Benefits program, which is $8,218,000 
above the fiscal year 2011 level and the same as the request. 
Within the funds provided, $62,000,000 is for death benefits 
for survivors, an amount estimated by the Congressional Budget 
Office that is considered mandatory for scorekeeping purposes. 
Also within the total, $16,300,000 is recommended, as 
requested, for disability benefits for public safety officers 
who are permanently and totally disabled as a result of a 
catastrophic injury, and for education benefits for the spouses 
and children of officers who are killed in the line of duty or 
who are permanently and totally disabled as a result of a 
catastrophic injury sustained in the line of duty.

               General Provisions--Department of Justice

    The Committee has included the following general provisions 
for the Department of Justice in this bill:
    Section 201 makes available additional reception and 
representation funding for the Attorney General from the 
amounts provided in this title.
    Section 202 prohibits the use of funds to pay for an 
abortion, except in the case of rape or to preserve the life of 
the mother.
    Section 203 prohibits the use of funds to require any 
person to perform or facilitate the performance of an abortion.
    Section 204 establishes the obligation of the Director of 
the Bureau of Prisons to provide escort services to an inmate 
receiving an abortion outside of a Federal facility, except 
where this obligation conflicts with the preceding section.
    Section 205 establishes the Committee's requirements and 
procedures for transfer proposals.
    Section 206 authorizes the Attorney General to extend an 
ongoing Personnel Management Demonstration Project.
    Section 207 extends specified authorities to the Bureau of 
Alcohol, Tobacco, Firearms and Explosives for undercover 
operations.
    Section 208 prohibits the use of funds for transporting 
prisoners classified as maximum or high security, other than to 
a facility certified by the Bureau of Prisons as appropriately 
secure.
    Section 209 prohibits the use of funds for the purchase or 
rental by Federal prisons of audiovisual equipment, services 
and materials used primarily for recreational purposes, except 
for those items and services needed for inmate training, 
religious, or educational purposes.
    Section 210 requires review by the Deputy Attorney General 
and the Department Investment Review Board prior to the 
obligation or expenditure of funds for major information 
technology projects.
    Section 211 requires the Department to follow reprogramming 
procedures prior to any deviation from the program amounts 
specified in this title or the reuse of specified deobligated 
funds provided in previous years.
    Section 212 prohibits the use of funds for A-76 
competitions for work performed by employees of the Bureau of 
Prisons or Federal Prison Industries, Inc.
    Section 213 requires a cost and schedule report on the 
Sentinel program.
    Section 214 permits up to 3 percent of grant and 
reimbursement program funds made available to the Office of 
Justice Programs to be used for training and technical 
assistance and permits up to 1 percent of formula grant funds 
made available to that office to be used for criminal justice 
research, evaluation and statistics.
    Section 215 gives the Attorney General the authority to 
waive matching requirements for Second Chance Act adult and 
juvenile reentry demonstration projects; state, tribal and 
local reentry courts; and drug treatment programs.
    Section 216 requires reporting on the costs and contracting 
procedures for DOJ conferences whose costs to the Government 
exceed $20,000.
    Section 217 provides the Attorney General authority to 
waive certain reporting requirements for localities applying 
for Byrne Justice Assistance grants in fiscal year 2012 upon 
demonstrating that they had met previous reporting requirements 
and agree to begin to report timely data on part I violent 
crimes of the Uniform Crime Reports to the Federal Bureau of 
Investigation by the end of fiscal year 2012.
    Section 218 waives the requirement that the Attorney 
General reserve certain funds from amounts provided for 
offender incarceration.
    Section 219 allows Federal Prison Industries (FPI) to 
participate in the Prison Industries Enhancement Certification 
program and allows FPI to carry out pilot projects to produce 
items that are no longer produced in the United States.

                               TITLE III


                                SCIENCE


                Office of Science and Technology Policy

    The Committee recommends $3,000,000 for the Office of 
Science and Technology Policy (OSTP), which is $3,647,000 below 
fiscal year 2011 and $3,650,000 below the request.
    Coordination with China.--OSTP has chosen to disregard a 
strong and unambiguous legislative prohibition on bilateral 
engagement with China or Chinese-owned companies that was 
included in the Department of Defense and Full Year Continuing 
Resolution Act, 2011 (Public Law 112-10). OSTP and the White 
House raised no concerns about this language while it was under 
consideration. Only after the Committee asked OSTP about its 
compliance with the provision did OSTP claim that the language 
infringed on Constitutional prerogatives and acknowledge an 
intention to proceed with prohibited activities. Even then key 
information about a scheduled bilateral event was omitted. 
OSTP's behavior demonstrates a lack of respect for the policy 
and oversight roles of the Congress.
    STEM education.--OSTP's remaining funds shall be 
prioritized toward its efforts to coordinate and improve 
government programs designed to increase interest and 
proficiency in science, technology, engineering and mathematics 
(STEM) education. The Committee is especially interested in 
OSTP's ongoing effort to create an inventory of Federal STEM 
education programs for purposes of identifying synergies and 
redundancies and promoting the development of a coordinated, 
multiyear STEM education strategic plan.
    In addition to improving the management and effectiveness 
of STEM programs, the Committee believes that OSTP needs to 
increase its efforts to ensure that education policymakers and 
practitioners in States and localities have access to the 
research and findings generated by those Federal programs. A 
significant amount of useful information exists on best 
practices and promising new STEM educational approaches, but 
the willingness and ability of agencies to broadly disseminate 
that information to interested parties seems to vary widely. 
The formulation of a comprehensive policy on dissemination 
(including a clear designation of agency responsibilities) and 
a concerted effort to encourage dissemination across programs 
could greatly increase the implementation and replication of 
effective STEM practices in schools around the country. The 
Committee expects that OSTP will take all necessary steps to 
integrate dissemination goals and policies into its STEM 
education strategic plan.

             National Aeronautics and Space Administration

    The Committee recommends $16,810,257,000 for the National 
Aeronautics and Space Administration (NASA), which is 
$1,637,771,000 below fiscal year 2011 and $1,914,043,000 below 
the request.
    After several years of debate and compromise, the Congress 
and the Administration have finally settled on a consensus 
program for NASA in the form of the NASA Authorization Act of 
2010 (Public Law 111-278). In order to successfully accomplish 
everything outlined in that Act, NASA needs to develop and 
pursue new and different ways of operating that will promote 
efficiency and economy; annual budget increases can no longer 
be counted on as the means for achieving mission goals.
    The new reality of constrained budgets, however, does not 
mean that NASA cannot or will not continue to make significant 
achievements in science, exploration and other areas. The 
Committee's fiscal year 2012 recommendation supports high 
priority scientific research missions; maintains aeronautics 
research and testing activities; formally establishes a new 
program to develop next-generation space technology; maintains 
current investments in the development of commercial crew 
capabilities while also funding implementation of NASA's own 
Multipurpose Crew Vehicle (MPCV) and Space Launch System (SLS); 
continues operations of the International Space Station and the 
closeout of obligations from the Space Shuttle program; 
promotes STEM education through a streamlined portfolio of 
programs; and sustains general agency mission operations and 
oversight.
    GAO assessments of large scale projects.--The Fiscal Year 
2008 Consolidated Appropriations Act (Public Law 110-161) 
mandated that GAO report on the status of large-scale projects 
at NASA, and the Committee now anticipates these reports 
biannually. The Committee directs NASA to cooperate fully and 
to provide timely program analysis, evaluation data and other 
relevant information to the GAO so that it can conduct its 
reviews and meet the congressional mandate. Such information 
includes, but is not limited to, copies of preliminary cost 
estimates; access to relevant online agency applications, 
databases, and web portals; and access to information from 
contractor and agency personnel.
    Cost estimation.--NASA often blames its cost overruns on 
the complex and unique development work conducted by its 
mission directorates, but, with proper cost estimation, the 
inherent risk in NASA's work can be accounted for and its 
budgets controlled. The adoption of a joint cost and schedule 
confidence level (JCL) approach and a requirement for budgets 
to be formulated at a 70 percent JCL are positive steps for 
improving cost estimates, but the integrity of these policies 
is undermined by NASA's willingness to make exceptions and 
allow projects to move forward at lower confidence levels. The 
Committee urges NASA to discontinue the exception policy and 
strictly hold all projects to the 70 percent standard.
    To improve the Committee's oversight of NASA's cost 
estimates, NASA is directed to include in its fiscal year 2013 
budget justification the confidence level assumed in the 
proposed funding level for each major project; whether the 
confidence level is a traditional estimate or a JCL; whether 
any project activities were excluded from the calculation of 
the confidence level and, if so, why; and, if an exception has 
been provided to move forward below the 70 percent standard, a 
full justification for that decision and an explanation for how 
the additional risk is being mitigated.
    Cost control.--Without improvements in project management, 
NASA will be unable to hold to even its most rigorous cost 
estimates. One such management improvement recommended by GAO 
is the imposition of a standard design metric to measure 
projects' progress at crucial points in the development life 
cycle. This metric would allow NASA to objectively assess 
design stability and minimize costly changes late in 
development. The Committee understands that NASA does not want 
to use the metric originally proposed by GAO, but that should 
not prevent NASA from settling on an acceptable metric and 
implementing it consistently. Accordingly, the Committee 
directs the NASA Chief Engineer to (1) develop a common set of 
measurable and proven criteria to assess design stability; and 
(2) amend NASA's systems engineering policy to incorporate the 
criteria within 120 days after enactment of this Act.
    Breach reporting.--Pursuant to section 103 of the NASA 
Authorization Act of 2005 (Public Law 109-155), NASA is 
required to deliver several notifications and reports to the 
appropriate authorizing committees when project costs or 
schedules grow in excess of established thresholds. NASA is 
directed to submit concurrently to the Committee on 
Appropriations the notifications and reports required by 
section 103.
    The Committee notes, however, that NASA's reports pursuant 
to section 103 are often lacking in detail and, as such, often 
do not serve the intended purposes of the Congress. 
Specifically, the Committee finds that NASA's reports generally 
contain only a cursory explanation for why cost and/or schedule 
parameters have been breached and are not responsive to the 
requirements to address the impact of these overruns on other 
NASA programs or to consider a broad range of alternatives to 
the program. For example, the ``broad range of alternatives'' 
section of a typical NASA report does not contain any 
substantive discussion of options like descoping the program, 
bringing on a partner agency to share costs, or funding other 
activities by cancelling the program and reallocating its 
budget. Instead, NASA preempts any consideration of such 
alternatives by simply declaring that other options would not 
meet the program's research goals in a cost effective manner.
    NASA needs to revise its reports to be less focused on 
defending the program in breach and more focused on providing 
information on causes, impacts and options that the Committee 
needs in order to make informed decisions about how to proceed. 
Therefore, the Committee directs NASA to undertake a review of 
its processes and procedures for creating its breach reports 
and to make the necessary improvements to ensure that these 
reports fully address the intended purpose of section 103. NASA 
should report to the Committee within 90 days of the enactment 
of this Act on the steps it has taken to improve its breach 
reports.
    Workforce transition.--Last year, NASA, in collaboration 
with the Department of Commerce, commissioned a survey of 
hundreds of aerospace companies to obtain data on the health 
and competitiveness of the sector and the impact on those 
companies of the significant changes in NASA's human 
exploration programs. The Congress would find this data very 
useful in assessing the adequacy of NASA's workforce transition 
activities, as well as for projecting future labor needs at 
NASA and the other Federal agencies who share a common 
industrial base. Although NASA has had access to the survey 
results for some time, the Workforce Transition Strategy report 
that outlines the results and describes how they have been 
integrated into NASA's labor planning has not yet been 
submitted to the Congress. NASA is urged to submit this report 
as soon as possible so that the Committee can make use of its 
conclusions in oversight and appropriations actions.
    The Committee directs NASA to continue aggressive efforts 
to ensure a seamless employment transition for Space Shuttle 
program employees. These efforts should include the provision 
of individualized assistance for affected employees (civil 
servants and contractors) to ensure that they have access to 
all necessary training and skills development opportunities; 
notices of employment openings within NASA or known openings in 
other government agencies or the private sector; and 
information about potential non-employment options, such as 
early retirement or unemployment benefits. NASA should make a 
particular effort to reach out to other government agencies 
with active aerospace programs, such as the Department of 
Defense, in order to match departing employees with new 
potential employers.
    NASA is also directed to report to the Committee by 
September 30, 2012 with comprehensive outcome data on the 
Shuttle workforce. Those data should include the number of 
Shuttle workers who departed from the agency or one of its 
prime contractors prior to August 31, 2012; an accounting of 
how many of those departed employees received individualized 
transition assistance from NASA prior to their departure; and a 
breakdown of post-Shuttle employment status for those employees 
as of August 31, 2012 (retired, unemployed, moved within NASA, 
moved to a different government agency).
    Budget structure.--The NASA budget structure has changed 
far too many times over the last several years. Regularly 
creating new accounts and shifting programs among accounts 
complicate efforts to make multiyear funding comparisons and 
obscure long-term funding trends. The bill adopts NASA's 
proposal to create a new account for Space Technology because 
this is the completion of a realignment that has been underway 
for some time. The Committee expects this to be the last such 
structural change for the foreseeable future.
    Reprogramming notifications.--Rather than including a 
detailed table showing the recommended levels for each 
individual project and activity proposed in the budget request, 
the Committee has chosen to provide a table that focuses more 
generally at the theme and program level with a limited amount 
of additional detail. This will permit NASA some discretion to 
allocate available funds according to the most urgent 
priorities and needs at the time of the submission of the 
spending plan required by section 537 of this Act. The spending 
plan should be presented at the traditional level of detail 
down to the activity level. The plan itself and any subsequent 
changes made to the established spending plan amounts that meet 
the notification requirements of section 505 of this Act should 
be reported to the Committee via the notification procedures 
outlined in that section.
    The Committee's table of recommendations for NASA is 
delineated below. Additional detail may be found under the 
relevant account headings.


------------------------------------------------------------------------
                                                           Recommended
          Theme, Program, Project or Activity                ($000)
------------------------------------------------------------------------
Science...............................................        $4,504,000
    Earth Science.....................................         1,699,000
    Planetary Science.................................         1,500,000
    Astrophysics......................................           683,000
    James Webb Space Telescope........................                --
    Heliophysics......................................           622,000
Aeronautics...........................................           569,930
Space Technology......................................           375,000
Exploration...........................................         3,649,000
    Human Exploration Capabilities....................         3,048,000
        Multipurpose Crew Vehicle.....................         1,063,000
        Space Launch System...........................         1,985,000
    Commercial Spaceflight............................           312,000
    Exploration Research and Development..............           289,000
Space Operations......................................         4,064,000
    Space Shuttle.....................................           548,000
    International Space Station.......................         2,767,000
    Space and Flight Support..........................           749,000
Education.............................................           138,000
    Aerospace Research and Career Development.........            35,900
        NASA Space Grant..............................            26,700
        EPSCoR........................................             9,200
    STEM Education and Accountability.................           102,100
        Minority University Research Education Program            31,400
        STEM Education and Accountability Projects....            70,700
Cross Agency Support..................................         3,050,000
Construction and Environmental Compliance and                    424,000
 Restoration..........................................
Office of Inspector General...........................            36,327
                                                       -----------------
    Total, NASA.......................................       $16,810,257
------------------------------------------------------------------------

                                SCIENCE

    The Committee recommends $4,504,000,000 for Science, which 
is $431,409,000 below fiscal year 2011 and $512,800,000 below 
the request.
    Earth Science missions.--The Committee recommendation 
includes a reduction of $100,000,000 below the request for 
Earth Science activities. While the Committee supports Earth 
Science functions, this area has rapidly grown over the past 
few fiscal years, and the current constrained fiscal 
environment simply cannot sustain the spending patterns 
envisioned by NASA in this field. The Committee has not 
included detailed, line-item reductions within the Earth 
Science portfolio. Instead, NASA should propose such reductions 
as part of the spending plan required by section 537 of this 
Act. In proposing reductions, NASA should take care to protect, 
to the extent possible, high priority missions of the Earth 
Science decadal survey, including Ice, Cloud, and land 
Elevation Satellite-2, the Soil Moisture Active-Passive 
mission, and the Deformation, Ecosystem Structure and Dynamics 
of Ice mission, as well as missions with near-term launch 
readiness dates. In addition, NASA should be careful to propose 
a funding portfolio that maintains an essential balance between 
actual spaceflight projects and the critical mission-enabling 
activities (research and data analysis, data application, etc.) 
that support and enhance the value of those projects.
    Planetary Science missions.--The Committee accepts the 
findings of the most recent Planetary Science decadal survey 
and supports the application of the survey's decision rules to 
determine how best to structure the program within the 
available budget. The program elements most significantly 
impacted by these decision rules are the flagship missions, 
which must be substantially descoped in order to remain within 
the portfolio. The Committee directs that $4,000,000 of the 
Outer Planets Flagship (OPF) budget be used to conduct the 
necessary descoping studies for the decadal survey's two 
highest priority flagship missions: Mars Sample Return (MSR) 
and the Jupiter Europa Orbiter (JEO). The results of these 
studies shall be transmitted to the Committee as soon as they 
are complete. The remaining $39,000,000 of OPF funds should be 
held pending the completion of the descoping analysis and, 
depending on the results, either used in support of an 
acceptably descoped flagship mission or proposed for 
reprogramming to other Planetary Science project lines in 
accordance with the decadal survey's decision rules.
    Plutonium-238.--The bill makes available $10,000,000 from 
this account, as requested, to restart production of Plutonium-
238 (Pu-238), a radioisotope that is an essential source of 
electrical power for long-range planetary science missions. The 
Committee urges NASA to work expeditiously with the Department 
of Energy to bring Pu-238 production back online as quickly as 
possible while simultaneously pursuing Advanced Stirling 
Radioisotope Generator technology that will allow NASA to make 
better, more efficient use of available Pu-238 stocks.
    James Webb Space Telescope.--The James Webb Space Telescope 
(JWST) Independent Comprehensive Review Panel revealed chronic 
and deeply rooted management problems in the JWST project. 
These issues led to the project cost being underestimated by as 
much as $1,400,000,000 relative to the most recent baseline, 
and the budget could continue to rise depending on the final 
launch date determination. Although JWST is a particularly 
serious example, significant cost overruns are commonplace at 
NASA, and the Committee believes that the underlying causes 
will never be fully addressed if the Congress does not 
establish clear consequences for failing to meet budget and 
schedule expectations. The Committee recommendation provides no 
funding for JWST in fiscal year 2012. The Committee believes 
that this step will ultimately benefit NASA by setting a cost 
discipline example for other projects and by relieving the 
enormous pressure that JWST was placing on NASA's ability to 
pursue other science missions.

                              AERONAUTICS

    The Committee recommends $569,930,000 for Aeronautics, 
which is $36,000,000 above fiscal year 2011 and $530,000 above 
the request.
    Research priorities.--The Committee recognizes the 
significant economic impact of NASA's aeronautics research, 
which increases the competitiveness of the American aviation 
industry, enables new job-creating technologies and improves 
the efficiency of domestic travel and commerce. To continue 
advancing innovative technical concepts, NASA has proposed a 
program plan to address critical research needs focusing on 
airspace capacity, environmental sustainability and aviation 
safety. The Committee supports this plan, including NASA's 
discretion to descope hypersonic research activities if the 
determination is made that increasing investments in other 
research areas is a higher priority.
    Industry consultation.--The Aeronautics Research Mission 
Directorate has recently initiated an industry roundtable 
process to promote senior level interaction between NASA and 
aviation industry leadership. These meetings, which supplement 
existing mechanisms for consultation, will allow industry 
leaders to provide input on major challenges and opportunities 
for future integrated research activities. The Committee 
supports this initiative and directs NASA to provide the 
Committee with biannual updates on the activities and findings 
of the industry roundtables.

                            SPACE TECHNOLOGY

    The Committee recommends $375,000,000 for Space Technology, 
which is $649,200,000 below the request. This is a new account 
in fiscal year 2012. Funding for space technology activities 
was included in the Exploration, Cross Agency Support and Space 
Operations accounts in previous years. Funding under this 
heading consists of numerous existing activities, including the 
Small Business Innovative Research (SBIR) program, the Small 
Business Technology Transfer (STTR) program, and significant 
portions of the Exploration Technology Development and 
Demonstration (ETDD) program, as well as some newly evolving 
cross cutting activities.
    Program scale.--The Committee supports the concepts 
underlying the Space Technology request, as well as the 
structure of the proposed program. Its competitive nature, 
projectized approach and balance between technologies of 
differing readiness levels seem likely to produce innovative 
ideas that will benefit NASA, other Federal agencies and the 
commercial sector.
    However, the Committee believes that NASA's proposal to 
more than triple the size of this program over the course of 
two fiscal years is premature. NASA has yet to complete a full 
year managing these activities as a consolidated portfolio, and 
the technology roadmaps that are intended to guide and 
prioritize its investments are still in draft form and under 
external review by the National Research Council (NRC). In 
addition, NASA does not yet appear to have a sustainable 
budgetary plan for absorbing a new program of such significant 
size without causing damage to other necessary activities. The 
Committee expects that NASA will use fiscal year 2012 to 
address these outstanding issues, which will put the program in 
a stronger position to seek additional resources in future 
requests.
    Exploration technology development priorities.--The 
recommendation adopts NASA's proposal to consolidate a majority 
of the ETDD programs with other technology development efforts 
in this account. ETDD has a very specific purpose and a very 
specific customer base, however, and it is critical that the 
management of ETDD funds continues to reflect the needs of that 
customer base in the Exploration Systems Mission Directorate.

                              EXPLORATION

    The Committee recommends $3,649,000,000 for Exploration, 
which is $151,683,000 below fiscal year 2011 and $299,700,000 
below the request.
    Human exploration capabilities.--The Committee recommends 
funding above the request for the MPCV and SLS programs to help 
ensure that NASA can meet the programmatic deadlines contained 
in the most recent NASA authorization bill. The Committee 
recommends $1,063,000,000 for the MPCV and $1,985,000,000 for 
the SLS. The Committee notes that Administration delays in 
providing key details on designs, contracts, budgets and 
schedules have hindered the development of funding 
recommendations. The Committee expects such information to be 
provided immediately.
    These funds are intended for the actual design and 
development of the vehicles themselves, although the Committee 
acknowledges that NASA has legitimate needs for related 
expenses such as civil service oversight, program integration, 
ground operations and mission operations. NASA should take all 
possible steps to minimize the impact of these expenses on the 
MPCV and SLS programs by revalidating and streamlining each 
related expense and seeking acceptable funding sources for 
these expenses outside of the Human Exploration Capabilities 
line. In order to facilitate the Committee's oversight of 
NASA's ``taxation'' of the MPCV and SLS budgets for these 
related expenses, NASA's spending plan should clearly itemize 
all costs under both the MPCV and SLS programs that are not 
directly tied to actual vehicle design and development and 
provide a justification for why those expenses cannot be 
addressed elsewhere or deferred.
    SLS development.--The Committee understands NASA's stated 
desire to initially field a 70-100 metric ton vehicle that 
would be evolved over time to the full 130 metric ton SLS. To 
the extent that flying a smaller vehicle can be achieved faster 
and will minimize the gap in our national human spaceflight 
capabilities, the Committee does not object to this proposal. 
However, the focus on initially flying a smaller vehicle cannot 
distract NASA from fulfilling its legal obligation to design 
the SLS from inception as a 130 metric ton vehicle and to 
proceed with simultaneous development of the core and upper 
stages. NASA is also directed to ensure that the work done on 
the 70-100 metric ton vehicle will be applicable to the 130 
metric ton SLS. NASA should not expend funds on design or 
development of a smaller vehicle that does not add value to the 
overall SLS effort.
    MPCV development.--A test flight is a major upcoming 
milestone in the MPCV development plan, but NASA has not yet 
articulated a proposal for how that test flight will occur. 
Ideally, the MPCV would be test flown on an early version of 
the SLS, which would allow NASA to validate concepts and gather 
important data on each vehicle simultaneously. Because MPCV is 
significantly further along in the development process, 
however, this may be difficult to achieve in a timely manner. 
The Committee does not want NASA to spend money on a launch 
vehicle for the MPCV test flight that will add no practical 
value to the SLS development effort, but, if such an occurrence 
is deemed necessary for the continuation of progress in the 
MPCV program, the costs of procuring that launch vehicle and 
executing the test flight should be borne by the MPCV budget.
    Exploration destinations.--NASA's stated intention is to 
pursue a capabilities-based approach to human exploration, 
which means that the direction of the program will be driven by 
what technologies are available at a particular time. While 
this approach may offer some advantages in terms of 
flexibility, it also lacks the clearly defined goals that have 
historically driven space exploration achievements. Specific, 
aggressive goals are necessary both to focus the program and to 
provide a common vision around which public and political 
support can be rallied. Consequently, the Committee urges NASA 
to adopt a destination-based approach to exploration that would 
designate a specific target location, such as the Moon, to 
drive development decisions and timelines going forward.
    Commercial cargo.--The Committee understands that 
commercial cargo activities in fiscal year 2012 will be funded 
with carryover from prior years. Therefore, no additional 
funding is provided in this Act for commercial cargo purposes. 
To aid the Committee's oversight of the progress made in 
commercial cargo to date, NASA is directed to provide to the 
Committee a list of the milestones met and not met for each 
recipient of commercial cargo program funding, as well as the 
amount of funding distributed to each recipient. This report 
shall be submitted no later than 120 days after the enactment 
of this Act.
    Commercial crew.--For commercial crew development 
activities, the Committee recommends $312,000,000, which is the 
same as fiscal year 2011. The Committee preserved funds for 
this activity to reduce the risk of relying solely on Russia 
for ISS access and to address the need for the United States to 
establish a domestic means of access to low Earth orbit. The 
sizable increase proposed in the budget request, however, was 
premature given the still-undefined acquisition strategy for 
the Commercial Crew Development Round 3 (CCDev 3) awards and 
the uncertainty behind assumptions about pricing, schedule, 
market demand, flight opportunities and other economic factors 
that are essentially unknowable at this time.
    Given the likely decrease in the number of CCDev 3 awards 
that will be made at this funding level relative to the 
request, NASA is encouraged to make use of unfunded Space Act 
Agreements to maximize the number of commercial partners who 
stay engaged with the program and remain in contention for an 
eventual service contract.
    For any acquisition strategy developed for CCDev3, NASA is 
encouraged to consider the potential contributions of women-, 
minority- and veteran-owned firms.
    Robotic precursor missions.--Out of necessity, the 
Committee's recommendation adopts NASA's proposal to delay the 
start of the robotic precursor mission program for another 
fiscal year. The Committee is concerned, however, that 
continued delays will eventually impact NASA's long-term 
readiness for exploration missions beyond low Earth orbit, 
which may require robotic scouting and validation of 
destinations and landing sites. In order to jumpstart even a 
minimal level of robotic precursor activity, the Exploration 
Systems Mission Directorate is encouraged to work with the 
Science Mission Directorate to identify possible science 
missions that could serve as flights of opportunity for robotic 
precursor payloads. Flights of opportunity should only be 
pursued, however, if the addition of the robotic precursor 
activity does not negatively impact the overall program budget 
or launch schedule for the science mission in question.

                            SPACE OPERATIONS

    The Committee recommends $4,064,000,000 for Space 
Operations, which is $1,433,483,000 below fiscal year 2011 and 
$282,900,000 below the request.
    Space Shuttle.--The recommendation includes a total of 
$548,000,000 for the Space Shuttle program. Based on the 
actuarial estimates provided with the budget submission, this 
amount should be sufficient to cover NASA's liability pursuant 
to the termination of the pension plan under the Space Program 
Operations Contract. If the final calculated pension shortfall 
is less than this amount, any extra funding should be used to 
defray other Space Shuttle transition and retirement costs.
    International Space Station.--The extension of 
International Space Station (ISS) operations to 2020 comes at a 
cost of nearly $3,000,000,000 per year. To make this investment 
worthwhile, NASA needs to ensure that the Station's research 
capabilities are maximized. The Committee understands that the 
strategic target for maximum NASA research utilization (35 
hours of crew time per week) will be reached during 2012 and 
directs NASA to keep the Committee apprised of progress toward 
that goal.
    Non-NASA research activities will be coordinated by the 
nonprofit manager of the ISS National Lab, who will receive 
NASA funding support in fiscal year 2012 and, likely, several 
years thereafter. The Committee believes that the nonprofit 
manager should ultimately be a self-funding entity and that all 
necessary steps should be taken to reduce the manager's 
overhead costs in order to maximize funding available for ISS 
National Lab research grants.
    Launch Services Program.--NASA is facing an increasingly 
challenging launch vehicle procurement environment. There is no 
certified medium class vehicle to fill the gap left by the 
retirement of the Delta II, and a series of recent launch 
failures has called into question the continuing availability 
of other commonly used vehicles. While these factors decrease 
the number of vehicle options available to NASA, the costs of 
remaining options under the NASA Launch Services II (NLS-II) 
contract have continued to increase due to uncertainty of 
demand from both NASA and the Department of Defense. The 
Committee does not believe that NASA's budget sufficiently 
reflects the risks associated with these challenges, which 
could lead to significant cost overruns for science missions in 
fiscal year 2012 and beyond.
    As NASA works to resolve these issues, the Science and 
Space Operations Mission Directorates shall jointly prepare 
biannual status reports for the Committee. These reports shall 
address and provide justifications for: (1) any changes made to 
the NLS-II contract, including additions or deletions of 
vehicles or modifications to vehicle pricing and terms; (2) 
trends in actual launch vehicle pricing as vehicles are 
selected for missions in development; and (3) selections or 
changes of launch vehicles for missions in formulation or 
development.
    Human spaceflight study.--The NRC is currently conducting a 
study on the appropriate role and size of NASA's Human 
Spaceflight Office after the retirement of the Shuttle and the 
completion of the ISS. NASA is directed to submit a copy of 
this report to the Committee as soon as it becomes available. 
NASA should include with the report a response to and 
assessment of the findings of the NRC.
    21st Century Launch Complex (21CLC).--NASA requested 
approximately $60,000,000 of 21CLC funding within the Space 
Operations account for construction-related activities. The 
funding belongs, however, in the Construction and Environmental 
Compliance and Restoration (CECR) account, which was created 
exclusively for construction needs. The Committee has therefore 
provided these funds directly under the CECR heading, along 
with other programmatic construction of facilities 
requirements.
    Orbiter disposition.--NASA is directed to submit quarterly 
reports to the Committee on the status of its disposition of 
the four Space Shuttle orbiters. Those reports should include 
(1) expected dates of the physical transfer of each orbiter to 
its final destination; (2) the total cost to NASA (net of any 
contribution made by the orbiter recipient) for the storage, 
preparation and transport of each orbiter; (3) details on how 
each orbiter will be physically moved and a plan for ensuring 
the safety of the orbiters in transit; (4) a description of 
each recipient's physical and educational plan for displaying 
its orbiter; and (5) notification if any orbiter recipient has 
failed to meet a financial or physical milestone to which it 
had committed as a condition of orbiter receipt and, if so, an 
action plan for how NASA and the recipient will address that 
missed milestone.
    If at any time NASA determines that a recipient cannot or 
will not meet the milestones (financial or physical) to which 
it committed as a condition of orbiter receipt, NASA should 
immediately notify the Committee and provide a proposed course 
of action.

                               EDUCATION

    The Committee recommends $138,000,000 for Education, which 
is $7,508,000 below fiscal year 2011 and $400,000 below the 
request.
    Education Design Team (EDT) findings and recommendations.--
The Committee supports the EDT's efforts to improve the 
Education program's impact, management and organization. The 
Committee's recommendation adopts the EDT's first major 
proposal, which restructures and streamlines the Education 
portfolio. This change will provide NASA the funding 
flexibility needed to implement new and strategic education 
concepts as they are developed. NASA is directed to keep the 
Committee up to date on the activities of the EDT 
Implementation Working Groups as they continue to refine the 
activity portfolio and the program's management.
    Duplication of effort.--GAO recently determined that STEM 
education is an area of government activity at high risk of 
programmatic duplication and inefficiency due to the large 
number of agencies working on similar tasks. The Committee 
encourages NASA to continue cooperating with follow-up reviews 
by GAO and OSTP to identify and minimize all areas of 
duplication with other agencies. NASA should also continue 
pursuing enhanced strategic coordination within NASA itself 
(between education program officials at Headquarters, in the 
mission directorates and at the centers) in order to eliminate 
any intra-agency duplication of effort. By maintaining a focus 
on unique, value-added programs and promoting management 
efficiency, NASA can continue to achieve its education goals 
despite a slight reduction in the Education funding level.
    Aerospace Research and Career Development.--The recommended 
level includes $35,900,000 for NASA Space Grant and the 
Experimental Program to Stimulate Competitive Research 
(EPSCoR). The Committee supports both Space Grant and EPSCoR 
but has adjusted funding levels to ensure that the overall 
Education portfolio maintains balance between a variety of 
programs and activities.
    The Committee urges NASA to minimize any associated 
administrative costs in order to maximize funding available for 
programmatic purposes. In furtherance of administrative cost 
oversight, NASA is directed to include in the spending plan 
prepared pursuant to section 537 of this Act an accounting of 
its administrative costs for both Space Grant and EPSCoR.

                          CROSS AGENCY SUPPORT

    The Committee recommends $3,050,000,000 for Cross Agency 
Support (CAS), which is $55,177,000 below fiscal year 2011 and 
$142,000,000 below the request.
    Civil service labor.--The Committee is troubled by NASA's 
CAS request, which carries funding for as many as 700 
programmatic FTE that have not been allocated to a mission 
directorate. The fact that NASA has so many FTE without a 
readily identified purpose implies either significant 
overcapacity or significant management issues impeding the 
timely allocation of civil service labor. The Committee directs 
NASA to revalidate its need for these FTE and, for those 
determined to be mission-essential, to propose a realignment to 
the appropriate directorates as soon as possible.
    This realignment of unallocated FTE will especially impact 
the Space Operations and Exploration Systems Mission 
Directorates, making the information provided to the Committee 
to date about the civil service labor needs of these programs 
inaccurate. Therefore, NASA should also include in its 
realignment proposal for the unallocated FTE a listing of the 
total post-realignment civil service FTE and associated 
personnel costs for each program line within those 
directorates.
    Cybersecurity.--The Committee remains concerned by the 
persistence of significant vulnerabilities in NASA's 
information technology systems, including those systems that 
control spacecraft and maintain critical data sources. Even 
more troubling is the Office of Inspector General's (OIG) 
assessment that the NASA Chief Information Officer (CIO) lacks 
sufficient authority to mandate the implementation of security 
procedures and corrections across the agency. Without such 
authority, there is no means to ensure a consistent and 
comprehensive agency-wide approach to cybersecurity. NASA is 
directed, therefore, to work with the OIG to construct and 
implement an administrative remedy that will appropriately 
empower the CIO on security issues and to report to the 
Committee within 180 days of the enactment of this Act on the 
actions taken pursuant to this directive.
    Independent Verification and Validation (IV&V).--Within the 
marginal increase requested for mission support operations, 
NASA has proposed a significant decrease for IV&V, which is a 
crucial element of the Safety and Mission Success program. The 
Committee supports the IV&V program and believes that NASA 
should make the continuation of current and planned IV&V work a 
priority. In order to accomplish that continuity of service 
with a smaller dedicated IV&V budget in fiscal year 2012, NASA 
is directed to fund any IV&V shortfall from within the mission 
directorates that make use of IV&V services. These realignments 
are intended to be a short term solution. Over the long run, 
the IV&V program cannot be dependent on funding from the 
projects being assessed or it runs the risk of losing its 
objective independent perspective. The Committee expects NASA 
to address this issue with the submission of its fiscal year 
2013 budget request.
    Acquisition workforce.--NASA's acquisition capabilities 
have not kept pace with its workload, leading to difficulties 
meeting the required throughput of contract awards and 
increases in the number of protests filed. In order to help 
address these challenges, NASA may use up to $3,600,000 of 
funds provided under this heading to increase the agency's 
acquisition workforce capacity and capabilities.
    Budget justifications.--The Committee directs NASA to make 
changes in the content of its annual congressional budget 
justification (CJ) in order to make it easier to use and more 
informative. These changes include, but are not limited to: (1) 
normalizing all tables so that budget data presented across 
multiple years are directly comparable; (2) providing a 
listing, with associated dollar amounts, of all activities 
included in each of the ``Other missions and data analysis'' 
lines; (3) standardizing a cost threshold that will dictate 
which projects are described separately in the narrative; (4) 
consolidating the information about each project so that it is 
no longer spread out among semi-duplicative sections in the 
summary, project narratives and Major Program Annual Report; 
(5) providing cost estimate ranges for all projects in 
formulation that have entered Phase B of the project life 
cycle; (6) providing an accounting of cumulative budget 
authority to date for all projects in formulation and those in 
development; and (7) standardizing and significantly expanding 
the information presented for each major project to include 
additional discussion of development milestones, obligation 
plans, major contracts and changes in cost and schedule 
parameters. NASA is directed to work with the Committee to come 
to agreement on a full list of specific changes that should be 
implemented in the fiscal year 2013 CJ and all future CJs.
    Center operations.--NASA is directed to report to the 
Committee on the operating budget of each NASA center and the 
lease and operating costs of any NASA office not located on the 
property of a NASA center. This report, which should cover the 
previous five fiscal years, should be submitted no later than 
120 days after the enactment of this Act.
    Propulsion Research Laboratory.--NASA is directed to report 
to the Committee on its plans for utilization of its Propulsion 
Research Laboratory. This report shall be submitted no later 
than 120 days after the enactment of this Act.
    Background investigations.--All members of the NASA 
workforce, including both civil servants and contractors, 
should be appropriately and regularly screened to validate 
their right to access NASA physical or virtual resources. 
Although NASA's security procedures have been challenged in 
court, those procedures were recently confirmed by the Supreme 
Court and, as such, the Committee expects that NASA will 
continue with their implementation as soon as any final issues 
are addressed on remand.
    Comprehensive independent assessment.--The Committee has 
been frustrated by the uncertainty of leadership within the 
Administration on space policy and the resulting lack of focus 
within NASA itself. It is time for NASA to recommit itself to a 
bold vision for the future that will restore the sense of 
purpose and urgency that existed at the agency during the eras 
of its finest achievements. Accordingly, the Committee 
recommendation includes $1,000,000, which shall be for transfer 
to the OIG, to commission a comprehensive independent 
assessment of NASA's strategic direction and agency management.
    NASA regularly receives management and programmatic 
recommendations from GAO, OIG and various commissions and other 
entities, as well as outside advice on scientific and technical 
priorities from the National Academies. While each of these 
reviews is useful on its own, they are all targeted to a 
specific issue or program and therefore do not provide a 
comprehensive assessment of NASA's activities. The Committee 
believes that such an agency-wide assessment will provide a 
means to evaluate whether NASA's overall strategic direction 
remains viable and whether agency management is optimized to 
support that direction.
    The assessment should consider the relevance and 
feasibility of NASA's strategic goals; the appropriateness of 
the budgetary balance between NASA's various programs; and the 
adequacy of NASA's internal policies, procedures and 
organizational structures that underpin its mission activities. 
Any recommendations made pursuant to the assessment should be 
predicated on the assumption that NASA's outyear budget profile 
will be constrained due to continuing deficit reduction 
efforts. Such recommendations should also take into account the 
need for a common, unifying vision for NASA's strategic 
direction. A report summarizing the conclusions of the 
assessment and any relevant recommendations shall be provided 
to the Congress and the President no later than 120 days after 
the enactment of this Act.
    To conduct this assessment, the Inspector General shall 
choose individuals with recognized relevant expertise and whose 
collective credentials sufficiently cover the whole range of 
NASA's mission activities, including space or Earth science; 
aeronautics; advanced technology development; space 
exploration; spaceflight operations and support; STEM 
education; and/or management of any of these activities. In 
order to promote objectivity, the Inspector General shall 
define and implement any conflict of interest protocols deemed 
necessary, but, at a minimum, the selected individuals shall 
not be currently employed or retained by NASA or any outside 
entity that competes for or receives NASA funding.

       CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

    The Committee recommends $424,000,000 for CECR, which is 
$30,489,000 above fiscal year 2011 and $26,400,000 below the 
request.
    Integrated facilities master planning.--The Committee 
supports NASA's ongoing efforts to develop an agency-wide 
master plan to integrate center-based and institutional 
facilities needs and priorities. NASA is directed to provide 
the integrated master plan to the Committee as soon as it is 
complete.
    Facilities planning and design.--Although it remains the 
Committee's intention to keep the funding for NASA's 
construction activities consolidated under this heading, the 
Committee has included language permitting the mission 
directorates to use their funds for mission-based facilities 
planning and design. The Committee expects that all such work 
will continue to be coordinated with and monitored by the 
Mission Support Directorate in order to promote efficiency and 
accountability in construction planning.
    Provision of form 1509.--NASA is directed to continue to 
provide NASA form 1509 for each construction of facilities 
(CoF) project submitted in the annual budget request or an 
initial spending plan and for each CoF project subject to a 
reprogramming notification.
    Enhanced Use Lease (EUL) receipts.--The Committee has 
continued existing language limiting the expenditure of EUL 
proceeds and included new language permitting NASA to accept 
in-kind consideration under specified circumstances. NASA is 
directed to include in its annual budget justification a 
description of any in-kind consideration accepted and an 
estimate of the market value of that consideration.
    Hangar 1, Moffett Field.--The budget request included 
$32,800,000 for the re-siding of Hangar 1 at Moffett Field. The 
Committee understands, however, that NASA is currently 
considering additional options for the renovation and use of 
the hangar, including some options that would not require re-
siding the facility. NASA has committed to its OIG that this 
evaluation of alternatives will be complete by November 30, 
2011. The Committee urges NASA to complete this evaluation as 
soon as possible and directs NASA to submit a copy of that 
evaluation to the Committee when it becomes available.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $36,327,000 for the Office of 
Inspector General (OIG), which is the same as fiscal year 2011 
and $1,173,000 below the request.
    Cost estimation review.--The Committee is interested in an 
analytical assessment of whether NASA's JCL cost estimation 
process has led to a measurable increase in the accuracy of its 
project cost estimates. Since the policy was instituted in 
2009, no such assessment has been completed due to a lack of 
sufficient data. However, the OIG believes that a JCL review 
will be feasible in 2012. The OIG is urged to undertake that 
review and provide the Committee with a report on its findings 
as soon as practicable.

                       ADMINISTRATIVE PROVISIONS

    The Committee has included the following administrative 
provisions for NASA:
    The bill includes a provision that makes funds for 
announced prizes available without fiscal year limitation until 
the prize is claimed or the offer is withdrawn.
    The bill includes a provision that incorporates by 
reference the programs, projects and activities and the amounts 
specified in the table under the NASA heading in this report. 
This provision is intended to partially address ongoing 
disagreements between the Committee and NASA about the 
acceptable exercise of discretion in the reallocation of 
appropriated resources between and among programs, projects and 
activities.
    The bill includes a provision that establishes terms and 
conditions for the transfer of funds.
    The bill includes a provision that repeals existing 
prohibitions on the implementation of Reductions in Force or 
other involuntary separations.
    The bill includes a provision that allows the transfer of 
balances under previous appropriations account structures to 
the new appropriations account structure.
    The bill includes a provision related to the expenditure of 
interest earned from balances in the Endeavor Teacher 
Fellowship Trust Fund.
    The bill includes a provision that subjects the NASA 
spending plan and specified changes to that spending plan to 
reprogramming procedures under section 505 of this Act.

                      National Science Foundation


                    RESEARCH AND RELATED ACTIVITIES

    The Committee recommends $5,606,964,000 for Research and 
Related Activities (R&RA), which is $43,089,000 above fiscal 
year 2011 and $646,576,000 below the request.
    Research priorities.--The National Science Foundation (NSF) 
can maximize the amount of money available in fiscal year 2012 
for new activities by carrying out the various reduction and 
termination proposals contained in the R&RA budget request. The 
funds made available through these reductions and terminations, 
together with the increase provided by the Committee, will 
allow NSF to expand or enhance its activities across a range of 
research areas with significant impacts on national security or 
economic competitiveness. The Committee directs NSF to 
prioritize these new activities towards cybersecurity and 
cyberinfrastructure improvements; advanced manufacturing (as 
further discussed below); materials research; and disciplinary 
and interdisciplinary research in the natural and physical 
sciences, math and engineering.
    Advanced manufacturing.--The Committee encourages NSF's 
planned activities related to the Advanced Manufacturing 
initiative. Future economic prosperity in the United States 
will depend largely on our ability to develop and manufacture 
new products based on advanced technologies, both for the 
domestic market and for export. Basic research supported 
through the NSF and other Federal science agencies is critical 
to this effort because it will help provide the foundation for 
the development of such new products and technologies by the 
private sector.
    Neuroscience.--The Committee believes there is a potential 
in the near future for significant, transformative advances in 
our fundamental understanding of learning, brain development, 
and brain health and recovery. Such advances will require 
enhanced tools to better understand the working of the brain, 
enhanced data and data infrastructure, and expanded 
interdisciplinary and large-scale research efforts. While 
specific applied neuroscience research is mainly supported by 
the National Institutes of Health, basic research supported by 
NSF will serve as the foundation for future clinical treatments 
of traumatic and acquired brain injuries, childhood 
developmental disorders, and other neurological conditions. To 
help focus and enhance the agency's efforts, the Committee 
directs NSF to establish a Cognitive and Developmental 
Neuroscience crosscutting theme to guide future budget 
formulation in this area, and to increase its investments in 
research through this theme in fiscal year 2012.
    Innovation inducement awards.--Funds provided under this 
heading may be used for innovation inducement prizes, as 
authorized by the America COMPETES Reauthorization Act of 2010 
(Public Law 111-358). The Committee encourages NSF to make use 
of this mechanism, particularly in programs that specifically 
emphasize innovation, to focus on high risk/high reward 
research projects and to incentivize private sector 
involvement. NSF is directed to report to the Committee on its 
plans for administering a prize program in fiscal year 2012. 
This report should be provided no later than 90 days after the 
enactment of this Act.
    Protecting scientific intellectual property.--Government 
policy on the dissemination of scientific research data has 
trended consistently toward increased public access. This has 
numerous benefits and advantages, but also raises concerns 
about: (1) researchers' ability to effectively retain their 
intellectual property rights for potentially lucrative 
findings; and (2) the government's ability to protect 
scientific intellectual property that has significant economic 
or security implications. NSF is directed to report to the 
Committee on proactive steps that can be taken by the 
government and within the scientific research community to 
better balance the imperatives of public access and protection 
of data. This report shall be provided no later than 120 days 
after the enactment of this Act.
    Wireless Innovation Fund.--NSF's request included 
$150,000,000 of mandatory funding for research on access to the 
radio spectrum, wireless testbeds and cyber-physical systems. 
This funding is dependent on legislation being enacted to 
authorize incentive auctions that would reallocate Federal 
agency and commercial spectrum bands over the next ten years.

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

    The Committee recommends $100,000,000 for Major Research 
Equipment and Facilities Construction (MREFC), which is 
$17,055,000 below fiscal year 2011 and $124,680,000 below the 
request.
    Project funding profiles.--NSF should promptly review its 
current portfolio of MREFC projects and their outyear funding 
profiles to ensure they are consistent with the fiscal year 
2011 and 2012 appropriations. If adjustments to the portfolio 
in either of those fiscal years will necessitate a revision of 
the outyear funding profiles for any current or planned 
project, NSF is directed to immediately report the revised 
profiles to the Committee and to include the new profiles in 
the fiscal year 2013 budget request.
    Project contingency funding.--Project managers have 
responded to NSF's ``no cost overrun'' policy for major 
construction and equipment acquisition projects by increasing 
the amount of contingency funding carried in their budget 
proposals. The Committee encourages NSF to strengthen the 
oversight of these contingencies, particularly in terms of 
incentivizing grantees to bring their projects in under budget 
and return unused contingency funding. NSF shall report to the 
Committee on the steps it is taking to impose tighter controls 
on the drawdown, use and return of contingency funds for 
projects managed through the MREFC appropriation and for other 
large facility projects. This report should be submitted no 
later than 90 days after the enactment of this Act.

                     EDUCATION AND HUMAN RESOURCES

    The Committee recommends $835,000,000 for Education and 
Human Resources (EHR), which is $26,034,000 below fiscal year 
2011 and $76,200,000 below the request.
    Program changes.--NSF has proposed a number of program 
reductions or terminations within EHR. For the most part, these 
cuts were proposed not due to any dissatisfaction with the 
programs in question but rather because NSF would prefer to 
implement new initiatives. The Committee has no objection to 
this approach, with the exception of the proposed reductions to 
the Robert Noyce Scholarship Program and the Math and Science 
Partnership program. The Committee does not believe that those 
cuts are warranted solely to make room for new activities.
    After accounting for the approved reductions and 
terminations, the recommended funding level will support the 
continuation of the fiscal year 2011 level for all other EHR 
programs, including Advanced Technological Education and the 
pre-existing elements of the Broadening Participation at the 
Core program, as well as approximately $40,000,000 of new or 
expanded activities as proposed in the budget request.
    Best practices in K-12 STEM education.--At NSF's request, 
the NRC has recently completed a multiday workshop on best 
practices in K-12 STEM education. The results of this workshop, 
along with commissioned research and other sources, have been 
synthesized into an NRC report, Successful K-12 STEM Education: 
Identifying Effective Approaches in Science, Technology, 
Engineering, and Mathematics, that discusses best practices and 
provides a series of recommendations aimed at education 
policymakers and practitioners. Consistent with the current 
dissemination plan, NSF shall ensure that this report is widely 
distributed within the education and scientific communities.
    In addition, NSF is directed to begin work to identify 
methods for tracking and evaluating the implementation of the 
improvements identified in the NRC's report. These methods may 
include, but are not limited to, expansion and alignment of 
existing databases on student outcomes and school and classroom 
conditions, and the development of measures that more broadly 
capture desired student outcomes in STEM. NSF and its 
collaborators should provide an evaluation plan within 12 
months of the enactment of this Act that describes these 
methods and recommends the necessary steps that should be taken 
by NSF and other Federal agencies to implement that plan. 
Within the amounts available in this account, up to $500,000 
should be used for the formulation of the evaluation plan.
    Graduate Research Fellowship Program (GRFP) eligibility.--
The Committee is concerned that potentially meritorious GRFP 
applications are being screened out prior to substantive review 
based solely on the academic field of the applicant. Without 
examining the details of an application, NSF has no way of 
knowing whether the application and academic work in question 
are focused on areas of basic research within NSF's mission. 
Therefore, the Committee urges NSF to ensure that the review of 
GRFP applications is based solely on the merits of the proposed 
research and not on categorical distinctions that may not 
accurately capture the qualifications of an individual 
proposal.
    Hispanic Serving Institutions.--Over the past several 
years, NSF and the Congress have discussed the concept of 
creating a program within Broadening Participation at the Core 
to focus on Hispanic Serving Institutions (HSI). NSF is 
directed to provide to the Committee a report outlining how the 
needs of HSIs will be addressed in fiscal year 2012 and any 
plans to establish an HSI-focused program in fiscal year 2013.
    Duplication of effort.--The Committee encourages NSF to 
continue cooperating with ongoing reviews by GAO and OSTP to 
identify and minimize duplication of effort with other Federal 
agencies on STEM education.

                 AGENCY OPERATIONS AND AWARD MANAGEMENT

    The Committee recommends $299,400,000 for Agency Operations 
and Award Management, which is the same as fiscal year 2011 and 
$58,340,000 below the request.
    Contracting.--The Committee remains interested in efforts 
to improve NSF's contracting practices. A GAO review requested 
by the Committee should provide NSF with practical 
recommendations for changes in policy and practice that will 
result in better managed, more cost effective contracts. While 
waiting for the results of that review, NSF is urged to 
continue work on the contracting corrective action plan 
currently being reviewed by the NSF OIG.
    Both GAO and the NSF OIG have suggested that NSF is 
procuring services through cost reimbursement contracts that 
could be adequately procured through firmer pricing models that 
reduce cost and risk to the government. NSF is directed to 
review its current portfolio of cost reimbursement contracts 
and to develop plans to transition to fixed price contracts for 
all activities where requirements are reasonably well defined 
and costs can be predicted with substantial accuracy. NSF is 
directed to report on the results of this review both to the 
Committee and to the NSF OIG within 90 days of the enactment of 
this Act. The NSF OIG shall provide the Committee with an 
assessment of NSF's transition plans no later than 45 days 
after receiving the report from NSF.
    Acquisitions management.--NSF may use up to $2,000,000 of 
funds provided under this heading to increase the Foundation's 
acquisition workforce capacity and capabilities.
    Travel expenses.--Due to NSF's extensive merit review 
procedures, travel expenses are a significant portion of the 
budget each year. By pursuing innovative approaches to reduce 
the travel obligations of merit reviewers, NSF can reduce its 
travel budget and invest the savings in other critical 
activities, such as grantee performance and compliance reviews. 
The Committee supports NSF's efforts in this area as long as 
the push to enlarge NSF's virtual merit review presence 
continues to account for all necessary information security 
precautions.
    Program evaluation and analysis.--Compared to the rigorous 
merit review system in place for assessing grant applications, 
NSF's capabilities for objectively assessing the scientific 
performance of completed or in-progress work are relatively 
limited. As a result, NSF describes the impact of its research 
programs in mostly anecdotal terms. To address this problem, 
NSF is engaged in a multiyear effort to implement an empirical 
system for documenting the outcomes of its scientific research, 
as well as to improve its program evaluation capabilities more 
generally. The Committee supports this effort and encourages 
NSF to continue pursuing it expeditiously in fiscal year 2012.
    Questioned/unsupported costs.--NSF has a significant number 
of outstanding OIG recommendations relating to questioned or 
unsupported costs, including some recommendations that have 
been open and unresolved for more than a year. The Committee 
finds this pace of corrective action insufficient given the 
fact that Federal tax dollars are at stake. NSF is urged to 
take all necessary steps to close outstanding recommendations 
as quickly as possible. The Committee will continue to monitor 
NSF's progress via semi-annual reporting from the NSF OIG and 
other mechanisms.

                  OFFICE OF THE NATIONAL SCIENCE BOARD

    The Committee recommends $4,531,000 for the National 
Science Board, which is the same as fiscal year 2011 and 
$309,000 below the request.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $13,972,000 for the OIG, which is 
the same as fiscal year 2011 and $1,028,000 below the request.
    NSF and grantee oversight.--NSF OIG has a strong record of 
investigations relating to the misuse of grant funding, 
employee or grantee misconduct and deficiencies in grants 
management practices. Each of these categories of 
investigations has the potential to result in monetary savings 
for NSF as mismanaged funds are recovered or vulnerabilities in 
financial and managerial controls are addressed. The Committee 
encourages the OIG to main a significant focus on oversight 
activity with potential monetary ramifications in order to 
promote continuing efficiency and economy at NSF.

                        ADMINISTRATIVE PROVISION

    The Committee has included the following administrative 
provision for NSF:
    The bill includes a provision that establishes thresholds 
for the transfer of funds.

                                TITLE IV


                            RELATED AGENCIES


                       Commission on Civil Rights


                         SALARIES AND EXPENSES

    The Committee recommends $8,000,000 for the Commission on 
Civil Rights, which is $1,381,000 below fiscal year 2011 and 
$1,429,000 below the request.
    The Committee recommends language, as included in previous 
years, which provides: (1) a limitation of four full-time 
positions under schedule C of the Excepted Service, exclusive 
of one special assistant for each Commissioner; and (2) a 
prohibition against reimbursing 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

    The Committee recommends $366,568,000 for the Equal 
Employment Opportunity Commission (EEOC), which is the same as 
fiscal year 2011 and $18,952,000 below the request. The 
recommendation includes language making not to exceed 
$30,000,000 available for payments to State and local 
enforcement agencies.
    Within the amount provided under this heading, the 
Committee expects the EEOC to give highest priority to 
addressing the inventory of private sector charges, and to 
examine new ways to address the backlog and increase 
productivity.

                     International Trade Commission


                         SALARIES AND EXPENSES

    The Committee recommends $81,696,000 for the International 
Trade Commission (ITC), which is the same as fiscal year 2011 
and $5,304,000 below the request.
    The ITC is directed to submit a report to the Committee by 
December 1, 2011, outlining how the ITC intends to address the 
internal control, financial management, and information 
technology security weaknesses included in the March 2011 
Semiannual ITC Inspector General report.
    In addition, the Committee expects the ITC to keep the 
Committee informed of progress in renovating office space to 
establish a third courtroom. The addition of this third 
courtroom will enable the ITC to adjudicate its increased 
intellectual property caseload, which has tripled in the last 
several years.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

    The Committee recommends $300,000,000 for the Legal 
Services Corporation (LSC), which is $104,190,000 below fiscal 
year 2011 and $150,000,000 below the request.
    Pro Bono Legal Services.--Obtaining more services at no or 
low cost through private attorney involvement is one means for 
LSC to increase legal aid services. In January, the Committee 
contacted the American Bar Association (ABA) and all fifty 
State bar associations to underscore the need for additional 
pro bono legal assistance during times of budget austerity. The 
Committee's correspondence noted that the American people have 
made clear that they want Congress to rein in Federal spending, 
and that reductions would be felt by all recipients of Federal 
funds, including LSC. The Committee requested that the ABA and 
the State bar associations reemphasize the importance of 
private attorney involvement with LSC-funded programs and work 
closely with LSC to help address unmet needs for civil legal 
assistance in order to help mitigate the effects of future 
funding reductions. Unfortunately, only three States and the 
American Bar Association responded to the Committee's letter.
    The Committee is pleased that LSC launched a pro bono task 
force in 2011, and urges the LSC to implement the 
recommendations of this task force as it continues to work with 
LSC-funded programs to adopt measures aimed at increasing the 
involvement of private attorneys in the delivery of legal 
services to its clients.

          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.
    Unauthorized uses of funds.--The Committee was dismayed to 
learn that a recent publication by an LSC grantee contained 
needless political representations and evidenced ideological 
biases. On June 28, 2011, the Inspector General of LSC 
reinforced the Committee's concerns when he announced his 
determination that the grantee, Legal Aid of North Carolina, 
engaged in political activity which would be prohibited by 
section 1007(a)(6)(A) of the Legal Services Corporation Act if 
LSC funds, or non-LSC private funds, were used to support the 
creation and distribution of the publication. Because LSC 
routinely testifies that it lacks funds to serve all of the 
many low income Americans in need of civil legal assistance, it 
is all the more important that LSC grantees not squander funds 
on political activism. Using Federal funds in violation of the 
LSC statute undermines the confidence necessary to sustain 
annual funding for the LSC. The Committee encourages the 
Inspector General of the LSC to conduct annual audits of LSC 
grantees to ensure that funds are not being used in 
contravention of the restrictions on engaging in political 
activities or any of the other restrictions by which LSC 
grantees are required to abide. The Committee further 
recommends the removal of funds from any LSC grantee found 
engaging in political activity.

                        Marine Mammal Commission


                         SALARIES AND EXPENSES

    The Committee recommends $3,025,000 for the Marine Mammal 
Commission, which is $218,000 below fiscal year 2011 and the 
same as the request.

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES

    The Committee recommends $51,251,000 for the Office of the 
U.S. Trade Representative (USTR), which is $3,521,000 above 
fiscal year 2011 and the same as the request. Within the 
amounts provided, the USTR is encouraged to hire sufficient 
staff who can translate trade documents that USTR receives from 
China. Currently, USTR relies on translators provided by the 
State Department, but the Committee believes that USTR should 
have its own translators on staff given the challenges 
associated with enforcing existing U.S. trade laws with China. 
The Committee expects that USTR will coordinate and implement a 
comprehensive and robust strategy to address the United States' 
trade imbalance with China.
    Free Trade Agreements.--The Committee expects USTR to 
immediately submit the three pending Free Trade Agreements with 
Colombia, Panama, and South Korea, and to report back to the 
Committee with any developments on exports and job creation for 
the United States. The Committee further encourages the USTR to 
continue to pursue free trade agreements with additional 
countries and trading blocs. With respect to South Korea, the 
Committee expects the USTR to adopt acceptable safeguards 
against import of North Korean products and to advise the 
Committee on efforts to address this concern.
    Critical vacancies.--The Committee directs the USTR to 
provide a report to the Committee by December 1, 2011, on the 
number of critical vacancies at the USTR, particularly in the 
intellectual property enforcement area, and steps that the USTR 
is taking to address these shortfalls. This report should 
provide an assessment of current staffing in China with respect 
to enforcement needs.

                        State Justice Institute


                         SALARIES AND EXPENSES

    The Committee recommends $5,121,000 for the State Justice 
Institute (SJI), which is the same as fiscal year 2011 and 
$10,000 below the request.

                                TITLE V


                           GENERAL PROVISIONS


                        (INCLUDING RESCISSIONS)

    Section 501 prohibits the use of funds for publicity or 
propaganda purposes unless expressly authorized by law.
    Section 502 prohibits any appropriation contained in this 
Act from remaining available for obligation beyond the current 
fiscal year unless expressly authorized.
    Section 503 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts 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.
    Section 504 provides that if any provision of this Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of the Act and the 
application of other provisions shall not be affected.
    Section 505 prohibits 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 offices or 
employees; (5) reorganizes or renames offices, programs or 
activities; (6) contracts out or privatizes any function or 
activity presently performed by Federal employees; (7) augments 
funds for existing programs, projects or activities in excess 
of $500,000 or 10 percent, whichever is less, or reduces by 10 
percent funding for any program, project, or activity, or 
numbers of personnel by 10 percent; or (8) results from any 
general savings, including savings from a reduction in 
personnel, which would result in a change in existing programs, 
activities, or projects as approved by Congress; unless the 
House and Senate Committees on Appropriations are notified 15 
days in advance of such reprogramming of funds.
    Section 506 permanently prohibits funds from being used to 
implement, administer, or enforce any guidelines of the Equal 
Opportunity Commission covering harassment based on religion 
similar to proposed guidelines published by the EEOC in October 
1993.
    Section 507 provides that if it is determined that any 
person intentionally affixes a ``Made in America'' label to any 
product that was not made in America that person shall not be 
eligible to receive any contract or subcontract made with funds 
made available in this Act.
    Section 508 requires quarterly reporting to Congress on the 
status of balances of appropriations.
    Section 509 provides that 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 in the Act shall be absorbed with the budgetary 
resources available to the department or agency, and provides 
transfer authority between appropriation accounts to carry out 
this provision, subject to reprogramming procedures.
    Section 510 prohibits funds made available in this Act from 
being used to promote the sale or export of tobacco or tobacco 
products or to seek the reduction or removal of foreign 
restrictions on the marketing of tobacco products, except for 
restrictions which are not applied equally to all tobacco or 
tobacco products of the same type. This provision is not 
intended to impact routine international trade services to all 
U.S. citizens, including the processing of applications to 
establish foreign trade zones.
    Section 511 permanently prohibits funds from being used to 
implement a Federal user fee for background checks conducted 
pursuant to the Brady Handgun Control Act of 1993, or to 
implement a background check system that does not require and 
result in the destruction of certain information within 24 
hours.
    Section 512 delays the obligations of any receipts 
deposited into the Crime Victims Fund in excess of $705,000,000 
until October 1, 2012. This language is continued to ensure a 
stable source of funds will remain available for the program, 
despite inconsistent levels of criminal fines deposited 
annually into the Fund.
    Section 513 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious or moral beliefs of students participating in such 
programs.
    Section 514 prohibits the transfer of funds in the Act to 
any department, agency or instrumentality of the United States 
Government, except for transfers made by, or pursuant to 
authorities provided in, this Act or any other appropriations 
Act.
    Section 515 provides that funds provided for E-Government 
Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Section 516 permanently requires the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to include specific language 
in any release of tracing study data that makes clear that 
trace data cannot be used to draw broad conclusions about 
firearms-related crimes.
    Section 517 requires certain timetables and procedures for 
specified audits performed by Inspectors General of the 
departments and agencies funded in this Act and sets limits and 
restrictions on the awarding and use of grants or contracts 
funded by amounts appropriated by this Act.
    Section 518 prohibits the issuance of patents on human 
organisms. The intent of this provision is as expressed in the 
colloquy between the provision's sponsor in the House and the 
Ranking Minority Member of the House Committee on 
Appropriations as occurred on July 22, 2003, with respect to 
any existing patents on stem cells.
    Section 519 prohibits the use of funds in this Act to 
support or justify the use of torture by any official or 
contract employee of the United States Government.
    Section 520 permanently prohibits the use of funds to 
require certain export licenses.
    Section 521 permanently prohibits the use of funds to deny 
certain import applications regarding ``curios or relics'' 
firearms, parts, or ammunition.
    Section 522 prohibits the use of funds to include certain 
language in trade agreements.
    Section 523 prohibits the use of funds in this Act to 
authorize or issue a National Security Letter (NSL) in 
contravention of certain laws authorizing the Federal Bureau of 
Investigation to issue NSLs.
    Section 524 requires congressional notification regarding 
any project within the Departments of Commerce or Justice, or 
the National Science Foundation and the National Aeronautics 
and Space Administration totaling more than $75,000,000 that 
has cost increases of at least 10 percent.
    Section 525 deems funds for intelligence or intelligence 
related activities as authorized by the Congress during fiscal 
year 2012 until the enactment of the Intelligence Authorization 
Act for fiscal year 2012.
    Section 526 requires the departments and agencies funded in 
this Act to establish and maintain on the homepages of their 
Internet websites direct links to the Internet websites of 
their Offices of Inspector General, and a mechanism by which 
individuals may anonymously report cases of waste, fraud or 
abuse.
    Section 527 prohibits contracts or grant awards in excess 
of $5,000,000 unless the prospective contractor or grantee 
certifies that the organization has filed Federal tax returns, 
has not been convicted of a criminal offense under the Internal 
Revenue Code of 1986, and has no unpaid Federal tax assessment, 
except in specified circumstances.

                             (RESCISSIONS)

    Section 528 provides for rescissions of unobligated 
balances in certain departments and agencies funded in this 
Act. Language is included rescinding $93,000,000 in unobligated 
``Federal Bureau of Investigation, Construction'' balances, as 
proposed in the fiscal year 2011 budget request. Language is 
also included rescinding $110,000,000 in unobligated ``Federal 
Prison System, Buildings and Facilities'' balances. The budget 
request proposed a rescission of $35,000,000, but $110,000,000 
was identified as available in a subsequent fiscal year 2011 
reprogramming proposal.

    Section 529 prohibits the use of funds in this Act for the 
purchase of first class or premium air travel.
    Section 530 prohibits the use of funds to pay for the 
attendance of more than 50 department or agency employees at 
any single conference outside the United States, unless the 
conference is a law enforcement training or operational event 
where the majority of Federal attendees are law enforcement 
personnel stationed outside the United States.
    Section 531 prohibits the use of funds in this or any other 
Act for the transfer or release of certain individuals detained 
at Naval Station, Guantanamo Bay, Cuba, to or within the United 
States, its territories or possessions.
    Section 532 prohibits the use of funds in this or any other 
Act to construct, acquire or modify any facility in the United 
States, its territories, or possessions to house certain 
individuals who, as of June 24, 2009, were located at United 
States Naval Station, Guantanamo Bay, Cuba for the purposes of 
detention or imprisonment in the custody or control of the 
Department of Defense.
    Section 533 prohibits the distribution of funds contained 
in this Act to the Association of Community Organizations for 
Reform Now or its subsidiaries.
    Section 534 requires, when practicable, the use of funds in 
this Act to purchase light bulbs that have the ``Energy Star'' 
or ``Federal Energy Management Program'' designation.
    Section 535 requires tracking and reporting of undisbursed 
balances in expired grant accounts.
    Section 536 prohibits the use of funds to relocate the 
Bureau of the Census or employees from the Department of 
Commerce to the jurisdiction of the Executive Office of the 
President.
    Section 537 requires the Departments of Commerce and 
Justice, the National Aeronautics and Space Administration, and 
the National Science Foundation to submit spending plans.
    Section 538 prohibits the use of funds by the National 
Aeronautics and Space Administration or the Office of Science 
and Technology Policy to engage in bilateral activities with 
China or a Chinese-owned company unless authorized by 
subsequent legislation. This language originated in the 
Department of Defense and Full Year Continuing Appropriations 
Act, 2011, but it remains necessary in fiscal year 2012 due to 
the unabated threat posed to United States interests by China. 
The Chinese government's sustained efforts to obtain classified 
or proprietary information from the U.S. government and 
American corporations, as well as its record on human rights, 
make China and Chinese-owned companies unsuitable partners for 
American space and science initiatives.
    Section 539 prohibits funds made available by this Act from 
being used to deny the importation of shotgun models if no 
application for the importation of such models, in the same 
configuration, had been denied prior to January 1, 2011, on the 
basis that the shotgun was not particularly suitable for or 
readily adaptable to sporting purposes.
    Section 540 prohibits funds made available by this Act from 
being 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.
    Section 541 prohibits funds made available by this Act from 
being 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.
    Section 542 prohibits funds made available by this Act from 
being used to require licensed firearms dealers to report on 
the sale of multiple rifles and shotguns to the same person.

                             (RESCISSIONS)

    Section 543 provides for an across-the-board rescission of 
funds.
    Section 544 establishes a Spending Reduction Account as 
required by section 3(j) of H. Res. 5.

            House of Representatives Reporting Requirements

    The following materials are submitted in accordance with 
various requirements of the Rules of the House of 
Representatives:

                          Full Committee Votes



         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding: The Committee on Appropriations considers 
program performance, including a program's success in 
developing and attaining outcome-related goals and objectives, 
in developing funding recommendations.

                          Rescission of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:


 NTIA, Information Infrastructure grants...............        $2,000,000
NTIA, Public Telecommunications Facilities, Planning           2,750,000
 and Construction.....................................
Foreign Fishing Observer Fund.........................           350,000
Digital TV Transition Public Safety Fund..............         4,300,000
DOJ, Working Capital Fund.............................        40,500,000
Assets Forfeiture Fund................................       675,500,000
U.S. Marshals Service, Salaries and Expenses..........         7,200,000
FBI, Construction.....................................        93,000,000
DEA, Salaries and Expenses............................        30,000,000
Federal Prison System, Buildings and Facilities.......       110,000,000
Violence Against Women Prevention and Prosecution              5,000,000
 Programs.............................................
Office of Justice Programs............................        42,600,000
Community Oriented Policing Services..................        10,200,000
NASA..................................................        30,000,000
Across-the-board rescission...........................        56,000,000
                           Transfer of Funds

    Pursuant to clause 3(f)(2), rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfers of funds provided in the accompanying bill.
    The Committee recommends the following transfers:
           In Title I, under ``Patent and Trademark 
        Office'', ``Salaries and Expenses'', language is 
        included to transfer funds to the ``Civil Service 
        Retirement and Disability Fund'', the ``Federal 
        Employees Health Benefit Fund'', and the ``Federal 
        Employees Group Life Insurance Fund''.
           In Title I, under ``National Oceanic and 
        Atmospheric Administration'', ``Operations, Research, 
        and Facilities'', language is included to transfer 
        funds from the ``Promote and Develop Fisheries Products 
        and Research Pertaining to American Fisheries'' fund.
           In Title II, under ``General 
        Administration'', ``Administrative Review and 
        Appeals'', language is included to transfer funds from 
        Executive Office for Immigration Review fees deposited 
        in the ``Immigration Examinations Fee'' account.
           In Title II, under ``Federal Prison 
        System'', ``Salaries and Expenses'', language is 
        included to allow transfer funds to the Health 
        Resources and Services Administration.
    In addition, language is included authorizing the transfer 
of funds within the bill, as follows:
           In Title I, under ``National Institute of 
        Standards and Technology'', ``Scientific and Technical 
        Research and Services'', language is included to allow 
        transfer of funds to the ``Working Capital Fund''.
           In Title I, under section 103, language is 
        included to allow transfer of funds, subject to certain 
        conditions, between accounts in the Department of 
        Commerce.
           In Title I, under section 104, language is 
        included to allow transfer of funds, subject to certain 
        conditions, between accounts in the Department of 
        Commerce in response to certain actions taken as a 
        result of reductions in funding.
           In Title I, under section 110, language is 
        included to require transfer of funds collected from 
        certain enforcement actions into the newly established 
        ``Fisheries Enforcement Asset Forfeiture Fund''.
           In Title I, under section 111, language is 
        included to require transfer of funds collected from 
        certain enforcement actions into the newly established 
        ``Sanctuaries Enforcement Asset Forfeiture Fund''.
           In Title II, under ``General 
        Administration'', ``Law Enforcement Wireless 
        Communications'', language is included to require 
        transfer of funds, subject to certain conditions, from 
        other accounts in the Department of Justice.
           In Title II, under ``Legal Activities'', 
        ``Salaries and Expenses, Community Relations Service'', 
        language is included to allow transfer of funds, 
        subject to certain conditions, from other accounts in 
        the Department of Justice.
           In Title II, under ``Office of Justice 
        Programs'', ``State and Local Law Enforcement 
        Assistance'', language is included to require transfer 
        of funds for anti-methamphetamine-related activities to 
        the Drug Enforcement Administration.
           In Title II, under section 103, language is 
        included to allow transfer of funds, subject to certain 
        conditions, between accounts in the Department of 
        Justice.
           In Title III, under section 103, under 
        ``National Aeronautics and Space Administration'', 
        ``Administrative Provisions'', language is included to 
        allow transfer of funds, subject to certain conditions, 
        between appropriations in the National Aeronautics and 
        Space Administration.
           In Title III, under ``National Aeronautics 
        and Space Administration'', ``Cross Agency Support'', 
        language is included to allow transfer of funds to the 
        Inspector General for certain purposes.
           In Title III, under ``National Aeronautics 
        and Space Administration'', ``Administrative 
        Provisions'', language is included to allow transfer of 
        unexpired balances of previous accounts, subject to 
        certain conditions, to new accounts established in this 
        Act.
           In Title III, under section 103, under 
        ``National Science Foundation'', ``Administrative 
        Provisions'', language is included to allow transfer of 
        funds, subject to certain conditions, between accounts 
        in the National Science Foundation.
           In Title IV, under section 509, language is 
        included to allow transfer of funds, subject to certain 
        conditions, between accounts in the departments and 
        agencies funded in this Act in response to certain 
        actions taken as a result of reductions in funding.

   Disclosure of Earmarks and Congressionally Directed Spending Items

    Neither the bill nor the report contains any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI.

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE


PART I--CRIMES

           *       *       *       *       *       *       *


                     CHAPTER 85--PRISON-MADE GOODS


Sec. 1761. Transportation or importation

  (a) * * *

           *       *       *       *       *       *       *

  (c) In addition to the exceptions set forth in subsection (b) 
of this section, this chapter shall not apply to goods, wares, 
or merchandise manufactured, produced, or mined by convicts or 
prisoners who--
          (1) are participating in - one of not more than 50 
        [non-Federal] prison work pilot projects designated by 
        the Director of the Bureau of Justice Assistance;

           *       *       *       *       *       *       *

  (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.
  [(d)] (e) For the purposes of this section, the term 
``State'' means a State of the United States and any 
commonwealth, territory, or possession of the United States.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 51, UNITED STATES CODE



           *       *       *       *       *       *       *
Subtitle II--General Program and Policy Provisions

           *       *       *       *       *       *       *


CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM

           *       *       *       *       *       *       *


SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *


Sec. 20145. Lease of non-excess property

  (a) * * *
  (b) Cash Consideration.--
          (1) Fair market value.--(A) A person or entity 
        entering into a lease under this section shall provide 
        cash consideration for the lease at fair market value 
        as determined by the Administrator.
          (B) Notwithstanding subparagraph (A), the 
        Administrator may accept in-kind consideration for 
        leases entered into for the purpose of developing 
        renewable energy production facilities.

           *       *       *       *       *       *       *


Subtitle IV--Aeronautics and Space Research and Education

           *       *       *       *       *       *       *


CHAPTER 409--MISCELLANEOUS

           *       *       *       *       *       *       *


Sec. 40902. National Aeronautics and Space Administration Endeavor 
                    Teacher Fellowship Trust Fund

  (a) * * *

           *       *       *       *       *       *       *

  (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.
                              ----------                              


   SECTION 1105 OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                       AUTHORIZATION ACT OF 2010

                          (Public Law 111-267)

SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS PRESERVATION.

  Prior to receipt by the Congress of the study, 
recommendations, and implementation strategy developed pursuant 
to section 1103, none of the funds authorized for use under 
this Act may be used to transfer the functions, missions, or 
activities, and associated civil service and contractor 
positions, from any NASA facility without authorization by the 
Congress to implement the proposed strategy. The Administrator 
shall preserve the critical skills and competencies in place at 
NASA centers prior to enactment of this Act in order to 
facilitate timely implementation of the requirements of this 
Act and to minimize disruption to the workforce. [The 
Administrator may not implement any reduction-in-force or other 
involuntary separations of permanent, non-Senior-Executive-
Service, civil servant employees before September 30, 2013, 
except for cause on charges of misconduct, delinquency, or 
inefficiency.]

           *       *       *       *       *       *       *


               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill which directly or indirectly change the 
application of existing law.

                    Title I--Department of Commerce

International Trade Administration
            Operations and Administration
     Includes language providing funds for engaging in 
trade promotion activities abroad, including expenses of grants 
and cooperative agreements for the purposes of promoting 
exports of U.S. firms.
     Includes language that provides 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 United 
States and Foreign Commercial Service; employment of Americans 
and aliens by contract for services; rental of space abroad and 
expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for 
use abroad; and payment of tort claims.
     Includes language regarding official 
representation expenses abroad, purchase of passenger motor 
vehicles for official use abroad, obtaining insurance on 
official motor vehicles, and rental of tie lines.
     Includes language deriving a portion of available 
funds from fees.
     Designates funding for Manufacturing and Services, 
Market Access and Compliance, the Import Administration, Trade 
Promotion and United States and Foreign Commercial Service, 
Executive Direction and Administration, the Office of China 
Compliance, and the China Countervailing Duty Group.
     Includes language regarding the contribution to 
the Mutual Educational and Culture Exchange Act of 1961 to 
include payment for assessment.

Bureau of Industry and Security

            Operations and Administration
     Includes language regarding export administration 
and national security activities of the Department of Commerce.
     Includes language providing for the 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; official 
representation expenses abroad; awards of compensation to 
informers; and purchase of passenger motor vehicles for 
official use and motor vehicles for law enforcement use.
     Includes language regarding the Mutual Educational 
and Cultural Exchange Act of 1961 and the retention of payments 
and contributions.
     Includes language providing that payments and 
contributions collected and accepted for materials or services 
may be retained for use in covering the cost of those 
activities and other communications.

Economic Development Administration

            Economic Development Assistance Programs
     Includes language designating $5,000,000 for 
repatriation projects.
     Includes language designating up to $5,000,000 for 
certain loan guarantees.
     Includes language providing that the cost of 
modifying certain loan guarantees be as defined in section 502 
of the Congressional Budget Act of 1974.
     Includes language limiting funds available to 
subsidize total loan principal for loans in excess of $50 
million.
            Salaries and Expenses
     Includes language regarding the monitoring of 
approved projects.

Minority Business Development Agency

            Minority Business Development
     Includes language making funds available for 
developing minority business enterprises, including expenses of 
grants, contracts and other agreements.

Economic and Statistical Analysis

            Salaries and Expenses
     Includes language providing for two-year 
availability of funds.

Bureau of the Census

            Salaries and Expenses
     Includes language for collecting and publishing 
statistics and for promotion and outreach activities.
            Periodic Census and Programs
     Includes language relating to the use of funds for 
promotion, outreach and marketing activities.

National Telecommunications and Information Administration

            Salaries and Expenses
     Includes language permitting the Secretary of 
Commerce to charge Federal agencies for costs in spectrum 
management, analysis, operations, and related services; and to 
use such collections in telecommunications research.

Patent and Trademark Office

            Salaries and Expenses
     Includes language providing that appropriated 
funds be reduced as offsetting collections are assessed and 
collected and reducing appropriations if fee collections are 
less than appropriated funding.
     Provides for the availability of funds received in 
excess of appropriations to be available until expended and 
requiring a spending plan subject to section 505 of this Act.
     Includes language regarding basic pay and certain 
retirement benefits; limiting official reception and 
representation expenses; and providing that sections 801, 802, 
and 803 of division B of P.L. 108-447 shall remain in effect 
during fiscal year 2012.
     Includes language regarding the submission of 
applications filed electronically.
     Includes language providing for a surcharge of 15 
percent on fees charged or authorized by sections 41(a), (b), 
(d)(1) and 132(b) of title 35, U.S. Code, as administered under 
Public Law 108-447 and this Act, to be separate from, and in 
addition to, any other surcharge that may be required pursuant 
to any provision of title 35; providing for an effective date 
that is ten days after enactment of this Act, and remaining in 
effect during fiscal year 2012; and providing that the receipts 
collected as a result of the surcharge shall be available 
without fiscal year limitation, within the amounts provided in 
this Act.

National Institute of Standards and Technology

            Scientific and Technical Research and Services
     Includes language limiting funds for official 
reception and representation expenses and transfers to the 
working capital fund.
            Industrial Technology Services
     Provides for the multi-year availability of funds 
provided for the Hollings Manufacturing Extension Partnership.
            Construction of Research Facilities
     Provides for the multi-year availability of funds 
provided for construction of research facilities.
     Includes language regarding the submission of 
certain materials in support of construction budget requests.

National Oceanic and Atmospheric Administration

            Operations, Research, and Facilities
     Includes language specifying the use of funds and 
providing for two-year availability for cooperative enforcement 
funds.
     Includes language allowing fees and donations 
received by a particular line office to be retained and used 
for expenses related to those activities.
     Provides that certain funds be derived from 
various sources.
     Includes language limiting the amount of funds 
that can be provided for corporate service administrative 
support.
     Includes language specifying that deviations from 
amounts included in the report accompanying the Act shall be 
subject to section 505 of this Act.
     Includes language providing for retired pay 
expenses.
            Procurement, Acquisition, and Construction
     Provides for the multi-year availability of funds 
provided for construction of facilities.
     Provides that certain funds be derived from 
various sources.
     Includes language specifying that deviations from 
amounts included in the report accompanying the Act shall be 
subject to section 505 of this Act.
     Includes language regarding the submission of 
certain materials in support of construction budget requests.
            Pacific Coastal Salmon Recovery
     Includes language allowing the Secretary of 
Commerce to issue grants to specific States and Federally-
recognized tribes for conservation projects for listed 
endangered or threatened salmon and steelhead populations, 
populations at risk to be so listed, and for maintaining 
populations necessary for the exercise of tribal treaty fishing 
rights, to be allocated under scientific and merit principles 
and not available for marketing activities; and requiring a 
State match.
            Fishermen's Contingency Fund
     Provides for the appropriation of funds to be 
derived from receipts collected pursuant to Title IV of Public 
Law 95-372.
            Fisheries Finance Program Account
     Includes limitations on individual fishing quota 
loans and for traditional direct loans and prohibits direct 
loans for any new fishing vessel that will increase the 
harvesting capacity in any U.S. fishery.

Departmental Management

            Salaries and Expenses
     Includes language limiting funds for official 
reception and representation expenses.
     Includes language on establishment of a task 
force.
            Herbert C. Hoover Building Renovation and Modernization
     Includes language regarding blast windows for 
renovation and modernization.

General Provisions

     Includes language making appropriations and funds 
available for advance payments only on the Secretary's 
certification that such payments are in the public interest.
     Includes language providing for use of salaries 
and expenses appropriations for hire of passenger motor 
vehicles and for uniforms or uniform allowances, as authorized.
     Includes a provision regarding transfers, and a 
notification requirement for acquisition or disposal of any 
capital asset.
     Includes a provision requiring the absorption of 
funding reductions related to personnel actions, and the use of 
funds to carry out this section.
     Includes a provision requiring certain reports 
with regard to major NOAA programs.
     Includes a provision allowing the Secretary of 
Commerce to furnish services within Department of Commerce 
buildings for reimbursement, which would then be credited to 
the appropriation or fund that provides such services.
     Includes language regarding limitations on grant 
recipients conducting unlawful activities.
     Includes a provision authorizing the Administrator 
of the National Oceanic and Atmospheric Administration to avail 
the agency of resources of other departments, agencies or 
instrumentalities of the United States or any political 
subdivision thereof, or foreign government or international 
organization to carry out the responsibilities of any statute 
administered by the agency.
     Includes language rescinding balances in the 
Coastal Zone Management Fund.
     Includes language establishing the ``Fisheries 
Enforcement Asset Forfeiture Fund''.
     Includes language establishing the ``Sanctuaries 
Enforcement Asset Forfeiture Fund''.
     Includes language requiring advance notification 
of certain travel.

                    Title II--Department of Justice


General Administration

            Law Enforcement Wireless Communications
     Includes language regarding the transfer of funds 
for purchasing portable and mobile radios, which shall be 
subject to section 505 of this Act.
            Detention Trustee
     Includes language establishing that the Trustee 
shall be responsible for managing the Justice Prisoner and 
Alien Transportation System.
     Includes language limiting the amount of funds 
considered as ``funds appropriated for State and local law 
enforcement assistance''.

Legal Activities

            Salaries and Expenses, General Legal Activities
     Includes language limiting the amount of funds for 
official representation and reception expenses available to 
INTERPOL--Washington.
     Includes language providing funds to reimburse the 
Office of Personnel Management for expenses associated with the 
election monitoring program and providing for extended 
availability.
            Salaries and Expenses, Antitrust Division
     Includes language regarding the use of fees under 
the Hart-Scott-Rodino Antitrust Improvement Act.
            Salaries and Expenses, United States Attorneys
     Includes language limiting funds for official 
reception and representation expenses.
     Includes language extending the availability of 
certain funds.
     Includes language requiring each United States 
Attorney to establish a task force on human trafficking.
            United States Trustee System Fund
     Includes language regarding refunds due 
depositors.
     Includes language providing for the extended 
availability of certain funds and the use of offsetting 
collections.
            Fees and Expenses of Witnesses
     Includes language regarding funds for construction 
of buildings for safesites, armored and other vehicles, and 
telecommunication equipment.
            Salaries and Expenses, Community Relations Service
     Includes language regarding the transfer of funds 
for conflict resolution and violence prevention activities 
within the Community Relations Service, which shall be subject 
to the provisions of section 505 of this Act.

United States Marshals Service

            Salaries and Expenses
     Provides for the multi-year availability of funds 
for IT systems and construction.

National Security Division

            Salaries and Expenses
     Provides for the multi-year availability of funds 
for IT systems.

Interagency Crime and Drug Enforcement

     Includes language regarding certain 
reimbursements.

Federal Bureau of Investigation

            Salaries and Expenses
     Includes language providing for multi-year 
availability.

Drug Enforcement Administration

            Salaries and Expenses
     Provides for multi-year availability.
            Construction
     Provides for multi-year availability.

Bureau of Alcohol, Tobacco, Firearms and Explosives

            Salaries and Expenses
     Provides for multi-year availability of funds.
     Includes language that permanently prohibits 
expenses in connection with consolidating or centralizing 
records of acquisition and disposition of firearms maintained 
by Federal firearms licensees.
     Includes language that permanently prohibits 
expenses to implement amendments to 27 CFR 478.118, change the 
definition of ``Curios or relics'' or remove items from ATF 
publication 5300.11.
     Includes language that prohibits expenses to 
investigate or act upon applications for relief from Federal 
firearms disabilities under 18 U.S.C. 925(c).
     Includes language regarding expenses to 
investigate applications filed by corporations for relief from 
section 925(c) of title 18 U.S.C.
     Includes language that permanently prohibits 
expenses to transfer the functions, missions or activities of 
ATF to other agencies or departments.
     Includes language that permanently prohibits 
expenses to disclose part or all of the contents of the 
Firearms Trace System database or any information required to 
be kept by licensees, except as provided.
     Includes language that permanently prohibits 
expenses to promulgate or implement any rule requiring a 
physical inventory of licensed businesses.
     Includes language that permanently prohibits 
expenses to retrieve certain information electronically.
     Includes language that permanently prohibits 
expenses to deny an application for certain licenses.

Federal Prison System

            Salaries and Expenses
     Includes language that provides for the transfer 
to the Health Resources and Services Administration funds 
necessary for medical relief for inmates.
     Includes language that provides authority to the 
Director to enter into contracts to furnish health care.
     Includes limitation on funds for reception and 
representation expenses.
     Includes language extending the availability of 
certain funds.
     Includes language providing for the use of certain 
funds for the care and security of Cuban and Haitian entrants.
     Includes language providing authority for the 
Federal Prison System to accept donated property and services.
            Building and Facilities
     Provides for the multi-year availability of funds.
     Includes language stating labor of prisoners may 
be used for work.

Office on Violence Against Women

            Violence Against Women Prevention and Prosecution Programs
     Provides for the multi-year availability of funds.
     Includes a limitation on funds to be made 
available for expenses related to evaluation, training, and 
technical assistance, and provides for specific appropriations 
for various programs within the Office on Violence Against 
Women.

Office of Justice Programs

            Research, Evaluation and Statistics
     Provides for the multi-year availability of funds.
     Provides for the specific appropriations for 
various programs within the Office of Justice Programs.
            State and Local Law Enforcement Assistance
     Provides for the multi-year availability of funds.
     Provides for the specific appropriations for 
various programs within the Office of Justice Programs.
            Public Safety Officer Benefits
     Includes language providing for the transfers of 
funds in emergent circumstances, which shall be subject to the 
provisions of section 505 of this Act.

General Provisions--Department of Justice

     Includes a provision making available additional 
reception and representation funding for the Attorney General 
from the amounts provided in this title.
     Includes a prohibition on the use of funds to pay 
for an abortion, except in the case of rape or to preserve the 
life of the mother.
     Includes a prohibition on the use of funds to 
require any person to perform or facilitate the performance of 
an abortion.
     Includes a provision establishing the obligation 
of the Director of the Bureau of Prisons to provide escort 
services to inmates receiving an abortion outside of a Federal 
facility, except where this obligation conflicts with the 
preceding section.
     Includes a provision establishing the Committee's 
requirements and procedures for transfer proposals.
     Includes an authorization for the Attorney General 
to extend an ongoing Personnel Management Demonstration 
Project.
     Includes an extension of specified authorities to 
the Bureau of Alcohol, Tobacco, Firearms and Explosives for 
undercover operations.
     Includes a prohibition on the use of funds for 
transporting prisoners classified as maximum or high security, 
other than to a facility certified by the Bureau of Prisons as 
appropriately secure.
     Includes a prohibition on the use of funds for the 
purchase or rental by Federal prisons of audiovisual equipment, 
services and materials used primarily for recreational 
purposes, except for those items and services needed for inmate 
training, religious, or educational purposes.
     Includes a requirement for review by the Deputy 
Attorney General and the Department Investment Review Board 
prior to the obligation or expenditure of funds for major 
information technology projects.
     Includes a provision requiring the Department to 
follow reprogramming procedures prior to any deviation from the 
program amounts specified in this title or the reuse of certain 
deobligated funds provided in previous years.
     Includes a prohibition on the use of funds for A-
76 competitions for work performed by employees of the Bureau 
of Prisons or Federal Prison Industries, Inc.
     Includes language requiring a report on the FBI's 
Sentinel program.
     Includes a provision allowing the Attorney General 
to use, for training and technical assistance up to 1 percent 
of funds made available to certain programs.
     Includes a provision allowing the Attorney General 
to use, for research and statistical purposes, up to three 
percent of funds made available to certain programs.
     Includes authority for the Attorney General to 
waive matching requirements for adult and juvenile offender 
state and local reentry demonstration grants and drug treatment 
programs under the Second Chance Act.
     Includes a requirement for the Attorney General to 
submit quarterly reports on the costs and contracting 
procedures relating to certain conferences.
     Includes language allowing the Attorney General to 
waive certain reporting requirements for localities applying 
for Byrne Justice Assistance grants.
     Includes language waiving the requirement that the 
Attorney General reserve certain funds from amounts provided 
for offender incarceration.
     Includes language allowing Federal Prison 
Industries (FPI) to participate in the Prison Industries 
Enhancement Certification program and allowing FPI to carry out 
pilot projects to produce items that are no longer produced in 
the United States.

                           Title III--Science


Office of Science and Technology Policy

     Provides that certain funds be available for 
reception and representation, and rental of conference rooms.

National Aeronautics and Space Administration

            Science
     Includes language providing for the multi-year 
availability of funds.
     Provides up to $10,000,000 for a reimbursable 
agreement to re-establish radioisotope fuel production 
facilities.
     Includes language concerning implementation of the 
planetary decadal survey.
            Aeronautics
     Includes language providing for the multi-year 
availability of funds.
            Space Technology
     Includes language providing for the multi-year 
availability of funds.
            Exploration
     Includes language providing for the multi-year 
availability of funds.
     Includes language designating amounts for program 
components.
            Space Operations
     Includes language providing for the multi-year 
availability of funds.
            Education
     Includes language providing for the multi-year 
availability of funds.
            Cross Agency Support
     Includes language providing for the multi-year 
availability of funds.
     Includes language providing for an independent 
assessment of NASA's strategic direction and agency management.
            Construction and Environmental Compliance and Restoration
     Includes an appropriation for construction and 
environmental compliance and restoration to be available for 
five years.
     Includes language restricting receipts and 
expenditures made pursuant to enhanced use lease arrangements 
and requiring the inclusion of estimates in future budget 
requests.
     Includes language amending existing law providing 
authority to accept certain in-kind contributions.
            Office of Inspector Counsel
     Includes language providing for the multi-year 
availability of funds.
            Administrative Provisions
     Includes language regarding the availability of 
funds for announced prizes.
     Includes language regarding the allocation of 
funds within NASA.
     Includes language regarding transfers of funds.
     Includes language amending existing law regarding 
reductions-in-force.
     Includes language regarding unexpired balances of 
previous accounts.
     Includes language amending existing law regarding 
the Endeavor Teacher Fellowship Trust Fund.
     Includes language regarding the submission of a 
spending plan.

National Science Foundation

            Research and Related Activities
     Provides for the multi-year availability of funds.
     Includes language providing for polar research and 
operational support.
     Includes language providing that certain receipts 
may be credited to this appropriation.
            Major Research Equipment and Facilities Construction
     Provides for the multi-year availability of funds.
     Includes language prohibiting reimbursement of the 
Judgment Fund.
            Education and Human Resources
     Provides for the multi-year availability of funds.
            Agency Operations and Award Management
     Includes language regarding contracts for 
maintenance and operation of facilities and other services.
            Office of the National Science Board
     Includes language providing funds for official 
reception and representation.
            Administrative Provision
     Includes language regarding transfers of funds.

                       Title IV--Related Agencies


Commission on Civil Rights

            Salaries and Expenses
     Includes language prohibiting expenses to employ 
in excess of a specific level of full-time individuals or to 
reimburse Commissioners for certain billable days.

Equal Employment Opportunity Commission

            Salaries and Expenses
     Includes language designating not to exceed 
$30,000,000 for payments to State and local enforcement 
agencies.
     Includes language limiting funds for official 
reception and representation expenses.
     Includes language authorizing the Chair to accept 
donations or gifts to carry out the work of the Commission.

Legal Services Corporation

            Payment to the Legal Services Corporation
     Includes language regarding pay for officers and 
employees.
            Administrative Provision
     Includes language that prohibits the use of funds 
for certain activities.

Office of the United States Trade Representative

            Salaries and Expenses
     Provides for the multi-year availability of funds.
     Includes language limiting funds for official 
reception and representation.

State Justice Institute

            Salaries and Expenses
     Includes language limiting funds for reception and 
representation expenses.

                      Title V--General Provisions

     Includes language that prohibits the use of funds 
for publicity or propaganda purposes unless expressly 
authorized by law.
     Includes language that prohibits any appropriation 
contained in this Act from remaining available for obligation 
beyond the current fiscal year unless expressly authorized.
     Includes language that provides that the 
expenditure of any appropriation contained in this Act for any 
consulting service through procurement contracts 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.
     Includes language that provides that if any 
provision of this Act or the application of such provision to 
any person or circumstance shall be held invalid, the remainder 
of the Act and the application of other provisions shall not be 
affected.
     Includes language that specifies conditions for 
reprogramming of funds.
     Includes language that permanently prohibits funds 
from being used to implement, administer, or enforce any 
guidelines of the Equal Employment Opportunity Commission 
covering harassment based on religion similar to proposed 
guidelines published by the EEOC in October 1993.
     Includes language that provides that if it is 
determined that any person intentionally affixes a ``Made in 
America'' label to any product that was not made in America 
that person shall not be eligible to receive any contract or 
subcontract made with funds made available in this Act.
     Includes language that requires quarterly 
reporting to Congress on the status of balances of 
appropriations.
     Includes language that provides that 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 in the Act shall be absorbed 
with the budgetary resources available to the department or 
agency, and provides transfer authority between appropriation 
accounts to carry out this provision, subject to reprogramming 
procedures.
     Includes language that prohibits funds made 
available in this Act from being used to promote the sale or 
export of tobacco or tobacco products or to seek the reduction 
or removal of foreign restrictions on the marketing of tobacco 
products, except for restrictions which are not applied equally 
to all tobacco or tobacco products of the same type.
     Includes language that permanently prohibits funds 
from being used to implement a Federal user fee for background 
checks conducted pursuant to the Brady Handgun Control Act of 
1993, or to implement a background check system that does not 
require and result in the destruction of certain information 
within 24 hours.
     Includes language that delays the obligations of 
any receipts deposited into the Crime Victims Fund in excess of 
$705,000,000 until October 1, 2012.
     Includes language that prohibits the use of 
Department of Justice funds for programs that discriminate 
against or denigrate the religious or moral beliefs of students 
participating in such programs.
     Includes language that prohibits the transfer of 
funds in this Act to any department, agency or instrumentality 
of the United States Government, except for transfers made by, 
or pursuant to authorities provided in, this Act or any other 
appropriations Act.
     Includes language that provides that funds 
provided for E-Government Initiatives shall be subject to the 
procedures set forth in section 505 of this Act.
     Includes language that permanently requires the 
Bureau of Alcohol, Tobacco, Firearms and Explosives to include 
specific language in any release of tracing study data that 
makes clear that trace data cannot be used to draw broad 
conclusions about firearms-related crimes.
     Includes language that requires certain timetables 
and procedures for specified audits performed by Inspectors 
General of the departments and agencies funded in this Act and 
sets limits and restrictions on the awarding and use of grants 
or contracts funded by amounts appropriated by this Act.
     Includes language that prohibits the issuance of 
patents on human organisms.
     Includes language that prohibits the use of funds 
in this Act to be used to support or justify the use of torture 
by any official or contract employee of the United States 
Government.
     Includes language that permanently prohibits the 
use of funds to require certain export licenses.
     Includes language that permanently prohibits the 
use of funds to deny certain import applications regarding 
``curios or relics'' firearms, parts, or ammunition.
     Includes language that prohibits the use of funds 
to include certain language in trade agreements.
     Includes language that prohibits the use of funds 
in this Act to authorize or issue a National Security Letter 
(NSL) in contravention of certain laws authorizing the Federal 
Bureau of Investigation to issue NSLs.
     Includes language that requires congressional 
notification regarding any project within the Departments of 
Commerce or Justice, or the National Science Foundation and the 
National Aeronautics and Space Administration totaling more 
than $75,000,000 that has cost increases of at least 10 
percent.
     Includes language that deems funds for 
intelligence or intelligence related activities as authorized 
by the Congress during fiscal year 2012 until the enactment of 
the Intelligence Authorization Act for fiscal year 2012.
     Includes language that requires the departments 
and agencies funded in this Act to establish and maintain on 
the homepages of their Internet websites direct links to the 
websites of their Offices of Inspector General, and a mechanism 
by which individuals may anonymously report cases of waste, 
fraud or abuse.
     Includes language that prohibits contracts or 
grant awards in excess of $5,000,000 unless the prospective 
contractor or grantee certifies that the organization has filed 
Federal tax returns, has not been convicted of a criminal 
offense under the Internal Revenue Code of 1986, and has no 
unpaid Federal tax assessment, except in specified 
circumstances.
     Includes language that provides for rescissions of 
unobligated balances in certain departments and agencies funded 
in this Act.
     Includes language that prohibits the use of funds 
in this Act for the purchase of first class or premium air 
travel.
     Includes language that prohibits the use of funds 
to pay for the attendance of more than 50 department or agency 
employees at any single conference outside the United States, 
unless the conference is a law enforcement training or 
operational event where the majority of Federal attendees are 
law enforcement personnel stationed outside the United States.
     Includes language that prohibits the use of funds 
in this or any other Act for the transfer or release of certain 
individuals detained at Naval Station, Guantanamo Bay, Cuba, to 
or within the United States, its territories or possessions.
     Includes language that prohibits the use of funds 
in this or any other Act to construct, acquire or modify any 
facility in the United States, its territories, or possessions 
to house certain individuals who, as of June 24, 2009, were 
located at United States Naval Station, Guantanamo Bay, Cuba 
for the purposes of detention or imprisonment in the custody or 
control of the Department of Defense.
     Includes language that prohibits the distribution 
of funds contained in this Act to the Association of Community 
Organizations for Reform Now or its subsidiaries.
     Includes language that requires, when practicable, 
the use of funds in this Act to purchase light bulbs that have 
the ``Energy Star'' or ``Federal Energy Management Program'' 
designation.
     Includes language that requires tracking and 
reporting of undisbursed balances in expired grant accounts.
     Includes language that prohibits the use of funds 
to relocate the Bureau of the Census or employees from the 
Department of Commerce to the jurisdiction of the Executive 
Office of the President.
     Includes language that requires the Departments of 
Commerce and Justice, the National Aeronautics and Space 
Administration, and the National Science Foundation to submit 
spending plans.
     Includes language that prohibits the use of funds 
by the National Aeronautics and Space Administration or the 
Office of Science and Technology Policy to engage in certain 
bilateral activities.
     Includes language concerning regulations regarding 
the importation of certain guns.
     Includes language prohibiting funds to any 
corporation that was convicted of a felony criminal violation 
within the preceding 24 months.
     Includes language prohibiting funds to any 
corporation with certain unpaid Federal tax liabilities.
     Includes language concerning regulations regarding 
certain guns.
     Includes language providing for an across-the-
board rescission.
     Includes language that establishes a Spending 
Reduction Account.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of 
the House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law for the period concerned:

                             APPROPRIATIONS NOT AUTHORIZED BY LAW--FISCAL YEAR 2012
                                             [dollars in thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                 Appropriation
               Agency/Program                   Last Year of    Authorization   in Last Year of   Appropriations
                                               Authorization        Level        Authorization     in this Bill
----------------------------------------------------------------------------------------------------------------
Department of Commerce
  International Trade Administration
    Export Promotion........................             1996        such sums         $264,885         $450,106
  Economic Development Administration
    Salaries and Expenses...................             2008        such sums           30,832           37,924
    Economic Development Assistance Programs
      Public Works and Economic Development.             2008          425,000          249,100         *204,200
  National Telecommunications and
   Information Administration
    Salaries and Expenses...................             1993           17,900           18,493           40,568
  National Oceanic and Atmospheric
   Administration
    Operations, Research and Facilities
      National Ocean Service
        Coral Reef Conservation.............             2004           16,000           16,000           18,722
        Coastal Zone Management.............             1999           55,100           58,500           74,630
        Marine Protection, Research,                     2005           40,000           57,958           46,853
         Preservation & Sanctuaries.........
      National Marine Fisheries Services
        Endangered Species Act Amendment....             1992            6,750                  
        Marine Mammal Protection............             1999           14,768                  
        NOAA Marine Fisheries Program.......             2000          110,470                  
    Pacific Coastal Salmon Recovery.........             2009           90,000           80,000           65,000
Department of Justice
  General Administration
    Salaries and Expenses...................             2009          181,561          105,805           72,338
    Justice Information Sharing Technology..             2009          204,152           80,000           44,307
    Law Enforcement Wireless Communications.             2009          144,771          185,000           99,800
  Administrative Review & Appeals
    Salaries and Expenses...................             2009          243,291          270,000          300,084
  Detention Trustee.........................             2009        1,858,509        1,295,319        1,515,626
  Office of the Inspector General
    Salaries and Expenses...................             2009           81,922           75,681           84,199
  U.S. Parole Commission
    Salaries and Expenses...................             2009           12,711           12,570           12,833
  Legal Activities
    General Legal Activities
      Salaries and Expenses.................             2009          764,526          804,007          841,767
    Antitrust Division
      Salaries and Expenses.................             2009          162,488          157,788          162,844
    U.S. Attorneys
      Salaries and Expenses.................             2009        1,829,194        1,836,336        1,930,135
    Foreign Claims Settlement Commission
      Salaries and Expenses.................             2009            1,429            1,823            2,113
    Fees and Expenses of Witnesses..........             2009          203,755          168,300          270,000
    Community Relations Service
      Salaries and Expenses.................             2009           10,977            9,873           11,456
    Assets Forfeiture Fund Current Budget                2009           22,000           20,990           20,948
     Authority..............................
  U.S. Marshals Service.....................             2009          900,178          954,000        1,134,136
    Salaries and Expenses...................              N/A              N/A          950,000        1,123,511
    Construction............................              N/A              N/A            4,000           10,625
  National Security Division
    Salaries and Expenses...................              N/A              N/A              N/A           87,762
  Interagency Law Enforcement
    Interagency Crime and Drug Enforcement..             2009          744,593          515,000          527,512
  Federal Bureau of Investigation...........             2009        6,480,608        7,301,191        8,075,973
    Salaries and Expenses...................              N/A              N/A        7,147,700        7,994,991
    Construction............................              N/A              N/A          153,491           80,982
  Drug Enforcement Administration
    Salaries and Expenses...................             2009        1,930,462        1,939,084        2,297,658
    Construction............................              N/A              N/A              N/A           10,000
  Bureau of Alcohol, Tobacco, Firearms and
   Explosives
    Salaries and Expenses...................             2009        1,038,939        1,054,215        1,112,542
  Federal Prison System.....................             2009        5,698,292        6,171,561        6,411,367
    Salaries and Expenses...................              N/A              N/A        5,595,754        6,312,410
    Buildings and Facilities................              N/A              N/A          575,807           98,957
  Office on Violence Against Women
    STOP Grants.............................             2011          225,000              N/A          210,000
      Transitional Housing Assistance.......             2011           40,000              N/A           18,000
      Research & Evaluation on Violence                   N/A              N/A              N/A            3,000
       Against Women........................
    Grants to Encourage Arrest Policies.....             2011           75,000              N/A           55,000
    Sexual Assault Victims Services.........             2011           50,000              N/A           20,000
    Rural Domestic Violence & Child Abuse                2011           55,000              N/A           41,000
     Enforcement............................
    Violence on College Campuses............             2011           15,000              N/A            9,500
    Civil Legal Assistance..................             2011           65,000              N/A           41,000
    Elder Abuse Grant Program...............             2011           10,000              N/A            4,250
    Safe Havens Program.....................             2011           20,000              N/A           11,663
    Education & Training for Disabled Female             2011           10,000              N/A            5,750
     Victims................................
    Court Training and Improvements Program.             2011            5,000              N/A            5,000
    Research on Violence against Indian                  2008            1,000              940            1,000
     Women..................................
    Engaging Men and Youth in Prevention....             2011           10,000              N/A            3,000
    Services for Children/Youth Exposed to               2011           20,000              N/A            3,000
     Violence...............................
    Advocates for Youth/Services for Youth               2011           15,000              N/A            3,500
     Victims (STARY)........................
    Supporting Teens through Education and               2011            5,000              N/A            2,500
     Protection program.....................
    National Resource Center on Workplace                2011            1,000              N/A            1,000
     Responses..............................
    Indian Country--Sexual Assault                        N/A              N/A              N/A              500
     Clearinghouse..........................
    OVW Program Management and                           2009           16,837           14,000           20,000
     Administration.........................
  Office of Justice Programs
    Research, evaluation and statistics
      Bureau of Justice Statistics..........             1995           33,000           32,335           46,585
      National Institute of Justice.........             1995           33,000           58,879           41,000
      Regional information sharing..........             2003          100,000           29,000           25,000
      Missing and Exploited Children........             2004        such sums           36,000           70,000
    State and local law enforcement
     assistance
      Byrne Memorial Justice Assistance
       Grants...............................
        Domestic Radicalization Research....              N/A              N/A              N/A            5,000
        Criminal Justice Reform and                       N/A              N/A              N/A            6,000
         Recidivism Reduction...............
        Presidential Nominating Convention                N/A              N/A              N/A            4,000
         Security...........................
      Southwest Border Prosecutions.........              N/A              N/A              N/A           25,730
      Byrne Competitive Grants..............              N/A              N/A              N/A           15,000
      Missing Alzheimer's Patient Grants....             1999              900              898            2,000
      Victims of Trafficking Grants (22                  2011           10,000              N/A           10,500
       U.S.C. 7110).........................
      Victims of Trafficking Grants (42                  2011           20,000              N/A           10,500
       U.S.C. 14044c(d))....................
      Drug Courts...........................             2008           70,000           15,200           40,000
      Prescription Drug Monitoring..........              N/A              N/A              N/A            7,000
      Prison Rape Prevention and Prosecution             2010           40,000           15,000           12,500
      Residential Substance Abuse Treatment.             2000           72,000           61,677           15,000
      Wrongful Conviction Review............             2009           18,750            1,375            1,000
      Tribal Assistance
        Tribal Prison Construction..........             2000            2,753            5,000            8,300
        Indian Tribal Courts................             2004        such sums            7,898           20,750
        Indian Alcohol and Substance Abuse                N/A              N/A              N/A            9,960
         grants.............................
        Legal Assistance....................             2004        such sums              N/A            2,490
      CASA--Special Advocates...............             2011           12,000              N/A            6,000
      Criminal Records Upgrade..............             2007          250,000            9,873            6,000
      Second Chance Act/Offender Reentry....             2010           55,000          100,000           70,000
      Juvenile Justice State Formula Grants.             2007        such sums           78,978           40,000
      Juvenile Justice Youth Mentoring                    N/A              N/A              N/A           83,000
       Grants...............................
      Investigation and Prosecution Of Child             2005           49,300           15,000           15,000
       Abuse................................
      Methamphetamine Lab Cleanups..........             2010           99,000           10,000           15,000
        Transfer to DEA.....................                       see DEA S&E           10,000           15,000
                                                                         above
      DNA Initiative
        Post-Conviction DNA Testing grants..             2009            5,000            5,000            4,150
      Child Sexual Predator program (for                 2009        such sums            5,000            9,000
       grants under SOMA [42 U.S.C. 16926]).
      OJP Program Management and                         2009          132,226          130,000           80,000
       Administration.......................
Related Agencies
  Commission on Civil Rights
    Salaries and Expenses...................             1995            9,500            8,904            8,000
  International Trade Commission
    Salaries and Expenses...................             2004           57,240           58,295           81,696
  Payment to the Legal Services Corporation
    Salaries and Expenses...................             1980          205,000          300,000          300,000
  Marine Mammal Commission
    Salaries and Expenses...................             1999            1,750            1,240            3,025
  Office of the U.S. Trade Representative
    Salaries and Expenses...................             2004           33,108           41,552           51,251
  State Justice Institute
    Salaries and Expenses...................             2008            7,000            3,760            5,121
----------------------------------------------------------------------------------------------------------------
*Of the $220,000,000 in the bill for economic development assistance programs, $15,800,000 is for Trade
  Adjustment Assistance for Firms, which was reauthorized through February 2, 2012 (19 U.S.C. 2349(b)). The
  authorization for the remaining $204,200,000 has lapsed.
NOAA authorizations are spread across over 60 separate statutory authorities. In many cases, the
  authorizations do not match exactly to specific programs. Indeed, several NOAA programs were authorized under
  at least three different statutes, each covering different portions of the program.
The Committee provides a total of $10,500,000 for programs formerly authorized by 22 U.S.C. 7110 and 42 U.S.C.
  14044c(d) and does not specify an amount for each program.

                 Comparison With the Budget Resolution

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a)(1)(A) of the 
Congressional Budget Act of 1974, the following table compares 
the levels of new budget authority and outlays provided in the 
bill with the appropriate allocations made under section 302(b) 
of the Budget Act.

 BUDGETARY IMPACT PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET
      OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS AMENDED
                        [In millions of dollars]
------------------------------------------------------------------------
                                302(b) Allocation        This Bill1
                             -------------------------------------------
                                Budget                Budget
                              Authority   Outlays   Authority   Outlays
------------------------------------------------------------------------
Comparision of amounts in
 the bill with Committee
 allocations to its
 subcommittees of amounts in
 the First Concurrent
 Resolution of 2012:
 Subcommittee on Commerce,
 Justice, Science
    General purpose              50,237     62,446     50,229    162,240
     discretionary..........
    Mandatory...............        272        284        272        284
------------------------------------------------------------------------
1Includes outlays from prior year budget authority.

                      Five-Year Outlay Projections

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(B) of the Congressional Budget Act of 1974, the 
following table contains five-year projections associated with 
the budget authority provided in the accompanying bill, as 
provided to the Committee by the Congressional Budget Office.
------------------------------------------------------------------------------------------------------------------------------------------------
Projection of outlays associated with the recommendation:
    2012...................................................    \1\36,616
    2013...................................................       13,572
    2014...................................................        3,237
    2015...................................................        1,734
    2016 and future years..................................        2,118
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.

               Assistance to State and Local Governments

    Pursuant to clause 3(c)(2) of rule XIII and section 
308(a)(1)(C) of the Congressional Budget Act of 1974, the 
Congressional Budget Office has provided the following 
estimates of new budget authority and outlays provided by the 
accompanying bill for financial assistance to State and local 
governments.
                        [In millions of dollars]
------------------------------------------------------------------------------------------------------------------------------------------------
Budget Authority...........................................       -4,178
Outlays....................................................       \1\-35
------------------------------------------------------------------------
\1\Excludes outlays from prior year budget authority.

                        Constitutional Authority

    Pursuant to section 6(e) of the rules of the Committee on 
Appropriations, the following statement is submitted regarding 
the specific powers granted to Congress in the Constitution to 
enact the accompanying bill:
    The principal constitutional authority for this legislation 
is clause 7 of section 9 of article I of the Constitution of 
the United States (the appropriation power), which states: ``No 
Money shall be drawn from the Treasury, but in Consequence of 
Appropriations made by Law . . .'' In addition, clause 1 of 
section 8 of article I of the Constitution (the spending power) 
provides: ``The Congress shall have the Power . . . to pay the 
Debts and provide for the common Defense and general welfare of 
the United States . . .'' Together, these specific 
constitutional provisions establish the congressional power of 
the purse, granting Congress the authority to appropriate 
funds, to determine their purpose, amount, and period of 
availability and to set forth terms and conditions governing 
their use.

      Comparative Statement of New Budget (Obligational) Authority

    The following table provides a detailed summary, for each 
department and agency, comparing the amounts recommended in the 
bill with fiscal year 2011 enacted amounts and budget estimates 
presented for fiscal year 2012:



                             MINORITY VIEWS

    We are deeply grateful for the Subcommittee Chairman's 
laudable effort to make the best of a very difficult funding 
allocation and we appreciate the open and bipartisan manner in 
which he has approached the process this year. Even the best 
process and the best of intentions, however, cannot make up for 
the low allocation imposed on the Subcommittee, which was 
based, of course, on the low allocation imposed on the 
Appropriations Committee itself.
    The annual Commerce, Justice, Science and Related Agencies 
(CJS) Appropriations Act funds a diverse set of departments and 
agencies with missions that are critical to the security and 
economic competitiveness of the nation. Unfortunately, the bill 
for FY 2012 approved by the Committee provides only $50.2 
billion, a cut of $3.1 billion (5.8 percent) below FY 2011 and 
$7.4 billion (12.9 percent) below the Administration's request. 
This allocation is even below the FY 2007 level, severely 
impacting many critical missions of CJS agencies.
    Although the Chairman fully funded certain high priority 
programs, including the Federal Bureau of Investigation, the 
Office on Violence Against Women and the International Trade 
Administration, the Subcommittee allocation simply does not 
allow for adequate funding for the vast array of other 
important programs in the bill. The Subcommittee's allocation, 
in turn, was limited by the budget resolution passed by the 
House, which took a ``cut first and ask questions later'' 
approach, with virtually no analysis of how the overall cut 
would translate into reducing the capabilities of federal 
agencies and programs. The consequences will be obvious. The 
cuts will both impair the ability of CJS agencies to fulfill 
their missions and increase future costs to taxpayers by 
requiring those agencies to cancel certain contracts and 
postpone some essential activities.

                         DEPARTMENT OF COMMERCE

    Title I of the bill provides a total of $7.2 billion for 
the Commerce Department, a decrease of $419.7 million below the 
FY 2011 enacted level and $1.6 billion below the 
Administration's request.
    The International Trade Administration is funded at $450.2 
million, a cut of $66.4 million below the request. This means 
that the vast majority of the Commerce Department's portion of 
the Administration's National Export Initiative--aimed at 
creating American jobs by boosting exports--will remain 
unfunded.
    The Bureau of Industry and Security (BIS) receives $100 
million, a cut of $11.1 million below the request. The BIS 
requested funding to hire enforcement agents and intelligence 
analysts to enhance the Bureau's ability to ensure that 
sensitive technology exports do not end up in the wrong hands, 
but this funding level will render BIS unable to hire 
additional personnel, thus putting our economy and security at 
further risk.
    We are pleased that the bill provides up to $5 million to 
the Economic Development Administration (EDA) for a new program 
to provide loan guarantees to small and medium-sized businesses 
to help develop innovative new products and new technologies. 
The bill also provides $5 million for a new grant program to 
relocate jobs back to the United States that had previously 
been placed outside the United States. Funding is also 
maintained for the Trade Adjustment Assistance for Firms 
program. However, it is troubling that the bill cuts EDA as a 
whole by $25.8 million (9 percent) below FY 2011 and $67.3 
million (20.7 percent) below the request. This is an unwise 
cut, in our judgment, particularly at a time when unemployment 
remains high. The EDA helps distressed communities create jobs, 
and the cut means EDA will have fewer resources to accomplish 
this critical task.
    The bill slashes Census Bureau funding by $170.3 million 
(16.6 percent) below the request. The cut would greatly harm 
the Bureau's ongoing work, including the 2012 Economic Census. 
This important economic data-gathering effort ensures the 
accuracy of Gross Domestic Product data and other key economic 
indicators that are vital to the decisions of both government 
policymakers and the private sector.
    The budget cut would also harm the accuracy of the Census 
Bureau's American Community Survey (ACS), which is the key 
source of annual socio-economic and demographic data about the 
nation used by decisionmakers in the private sector and at all 
levels of government to make resource allocation decisions. In 
a letter expressing support for fully funding the 
Administration's request for ACS, the U.S. Chamber of Commerce 
noted:

          ACS data points are critical for business 
        decisionmaking and long range planning. The business 
        community uses census information daily to drive sound 
        investment decisions affecting the allocation of 
        resources throughout the country.

    Furthermore, the cut to the Census Bureau's budget will 
render it unable to begin early preparations for the 2020 
Census that are needed to help minimize its eventual cost. As 
the American Statistical Association noted in a recent letter 
to the Appropriations Committee, ``cuts to the Census Bureau's 
budget will cost taxpayers billions of dollars in the long run 
. . . furthermore, because census data guide more than half a 
trillion dollars in federal assistance, action that undermines 
such data could prevent this assistance from reaching places 
where it would be most helpful.'' The Census is an obligation 
that Congress has been given under the Constitution, and should 
be given a higher priority.
    The bill cuts the National Institute of Standards and 
Technology (NIST) by $50 million (6.7 percent) below FY 2011 
and $301 million (30 percent) below the request. While the bill 
maintains the Manufacturing Extension Partnership program at 
the FY 2011 level and funds the National Innovation Marketplace 
effort, other NIST programs are cut substantially. The bill 
provides no funding for the Technology Innovation Program, the 
Baldrige Performance Excellence Program, or the proposed new 
Advanced Manufacturing Technology Consortia program. These 
programs invest in American innovation and competitiveness.
    The bill also cuts funding for NIST Scientific and 
Technical Research and Services by $162.5 million below the 
President's request. The reduction will render NIST unable to 
fund an array of planned new initiatives designed to bolster 
research in critical areas and to promote proven services to 
strengthen U.S. manufacturing in high-value-added product 
markets. Finally, NIST will be unable to fund its requested 
$43.4 million initiative to strengthen the development and 
promulgation of effective cybersecurity standards.
    We are also very concerned about the substantial cuts to 
NOAA programs. NOAA overall is funded in the bill at $4.5 
billion, which is $56.9 million below FY 2011 and $1 billion 
below the request. Within the NOAA Operations, Research, and 
Facilities account, we are pleased that the Committee bill 
fully funds the National Weather Service (NWS) at the 
President's requested level of $908 million. However, the 
operations, research, and facilities budgets of the NOAA units 
outside of the NWS are cut by a total of $443.2 million (19.2 
percent) below the FY 2011 enacted level, and $601.8 million 
(24.4 percent) below the President's request. These cuts will 
have significant consequences across a wide array of NOAA's 
environmental and research efforts.
    The NOAA Procurement, Acquisition, and Construction account 
is increased by $368.4 million (27.6 percent) above FY 2011. 
However, this amount is $351.7 million (17.1 percent) below the 
level in the President's requests--and the requested level is 
necessary to maintain the pace of work on NOAA's satellite 
programs needed to minimize gaps in weather data coverage. 
While funding for the Joint Polar Satellite System has been 
increased substantially compared to FY 2011, it remains more 
than $168 million below the level in the President's request. 
Polar-orbiting weather satellites help provide critical weather 
forecasting for the $700 billion maritime commerce sector. In 
addition, they save approximately $200 million each year for 
the aviation industry in ash forecasting alone, and these 
satellites provide drought forecasts worth billions of dollars 
per year to the farming, transportation, tourism, and energy 
sectors. We are concerned that the anticipated future weather 
data gap associated with NOAA's polar-orbiting weather 
satellite--already expected to be up to a year--will be further 
lengthened as a result of this cut to the President's budget 
request.
    In addition, the bill cuts funding for NOAA's GOES-R 
geostationary weather satellite procurement by $50 million 
below the request, which will likely result in launch delays to 
this satellite as well. Geostationary weather satellites help 
to accurately track life-threatening tornadoes, floods, and 
hurricanes, as well as solar activity that can impact 
satellite-based electronics, communications, and power 
industries. We cannot afford data gaps in these areas.
    The Committee mark cuts funding for the Jason-3 satellite 
by $33 million, or 62 percent, below the request. This 
satellite is designed to measure sea surface heights and help 
forecast severe weather activity over the ocean. The Committee 
mark provides no funding at all ($47.3 million was requested) 
for the Deep Space Climate Observatory (DSCOVR) satellite, 
which is designed to predict solar and deep space activity that 
can negatively impact electrical power grids, communication 
satellites, and aviation instruments. Finally, the Committee 
mark provides no funding ($11.3 million was requested) for the 
COSMIC-2 satellite, which provides measurement profiles of 
atmospheric temperature, humidity, and pressure that are fed 
into National Weather Service Numerical Weather Prediction 
models.
    When we consider the human and economic impact of not 
having accurate weather data, combined with the inevitable 
added cost to the taxpayer of delaying these procurements, it 
becomes clear that these cuts below the President's request 
must be restored.

                         DEPARTMENT OF JUSTICE

    Title II of the bill provides a total $26.3 billion for the 
Department of Justice (DOJ), a cut of $1.1 billion below the FY 
2011 level and $2.4 billion below the budget request. While 
some components of DOJ are level funded, this represents a cut 
in real terms to ongoing missions and activities, the costs of 
which continue to rise significantly from year-to-year.
    Furthermore, DOJ's federal law enforcement and litigation 
components received substantial supplemental funding in recent 
years for additional agents, attorneys and other personnel 
needed to address challenges along the southwest border, to 
increase apprehensions of fugitive sex offenders, and for other 
critical federal law enforcement priorities. Except for the 
Federal Bureau of Investigation, the bill fails to provide the 
funding for the full integration of these additional personnel. 
By the end of FY 2012, if the funding levels in this bill were 
to be enacted, DOJ would lose an estimated 7,500 positions, a 
reduction of 6 percent, including law enforcement agents and 
attorneys.
    The DOJ General Administration account is cut by $46 
million, or 39 percent, below the current level and $62 million 
below the budget request; the cut will mean the loss of more 
than half of the current staff of the Department's leadership 
and policy offices, severely crippling the management of 
federal law enforcement.
    The Justice Information Sharing Technology appropriation is 
cut by 18.5 percent below the request, which would disrupt 
critical IT services--including cyber security safeguards--at a 
time when cyber threats are becoming increasingly frequent and 
severe.
    The bill provides no increase for the Office of Federal 
Detention Trustee (OFDT). This office pays the costs of 
detaining individuals awaiting federal prosecution or transfer 
to the Bureau of Prisons. The population of detainees has grown 
by 6 percent since FY 2010, which translates to an increase of 
3,000 detainees daily. In addition, the daily cost to house 
detainees is expected to grow by 3 percent in FY 2011 and FY 
2012. At the funding level in the bill, OFDT could only operate 
through early September 2012 and U.S. attorneys could 
potentially find their prosecution activities limited by the 
inability to detain some of the alleged criminals they wish to 
prosecute.
    The U.S. Marshals Service (USMS) is also funded at the FY 
2011 level, which is $121 million below the minimum amount 
required to carry out its important missions in FY 2012. At 
this funding level, USMS would have to furlough every employee 
for three weeks during the year, severely impacting fugitive 
apprehension, Adam Walsh Act enforcement, efforts to combat 
violent gang crime, and judicial protection. Such limits on the 
USMS would also exacerbate the funding pressures on OFDT, which 
relies on USMS for transporting individuals for court 
appearances and to federal prisons following sentencing. 
Detainees would be in custody for at least 5 additional days 
per sentenced-prisoner, resulting in additional costs of nearly 
$23 million.
    The Administrative Review and Appeals account, which 
primarily funds the Executive Office of Immigration Review, is 
also flat funded by the bill. Funding at this level would 
result in the loss of all of the new immigration judges hired 
over the last few years to help reduce the immigration case 
backlog, and would lead to a significant increase in the number 
of immigration matters pending adjudication, which currently 
stands at 275,000. As the immigration case backlog increases, 
the average number of days that Immigration and Customs 
Enforcement (ICE) detains individuals will rise, with a 
corresponding increase in ICE's detention costs. Meanwhile, the 
bill provides no funding to expand the Legal Orientation 
Program, which has been shown to speed the conclusion of 
immigration court proceedings for program participants by an 
average of 13 days, with a corresponding reduction in the cost 
of detention.
    The bill cuts $22.4 million, or 2.6 percent, from the 
General Legal Activities account, which supports the various 
DOJ legal divisions. These components require an $88 million 
increase above the FY 2011 level, or $110 million more than in 
the bill, to pay the cost of fully integrating the 300 
attorneys added in 2010 and to continue the current pace of 
prosecutions and litigation in defense of the United States. 
The Tax Division would lose an estimated 56 attorneys; the 
Criminal Division would lose an estimated 74 positions; and the 
Civil Division could be forced to implement an 11-day, 
division-wide furlough, equivalent to the loss of 55 positions, 
which would impact major casework, including Deepwater Horizon 
and Hurricane Katrina litigation. This cut below the current 
services level would also impact the Treasury through reduced 
tax enforcement activities and reduced civil and criminal 
fines, as many more cases would have to be settled on terms 
less favorable to the Government. In addition, more judgments 
against, and penalties imposed on, the Government would result 
in increased payouts from the Judgment Fund.
    The bill provides no increase for the Executive Office for 
United States Attorneys, which requires an additional $62 
million to cover the cost of fully integrating new positions 
added in 2009 and 2010 and to cover the inflationary costs of 
investigations and prosecutions across the country. This 
funding level would result in the loss of hundreds of 
positions, likely impacting Southwest border enforcement and 
Project Safe Childhood prosecutions, and would result in 11,000 
(8 percent) fewer criminal cases and 3,000 fewer civil cases. 
By the end of FY 2012, position vacancies would increase to an 
estimated 1,000, and the result would be billions of dollars 
lost to the federal government through the reduced collection 
of civil and criminal debt.
    The Committee report indicates that the bill increases 
funding for the Drug Enforcement Administration (DEA). However, 
this calculation includes DEA's fee revenue for diversion 
control activities, which is mandatory funding not appropriated 
in the bill. When counting only appropriated funding for DEA's 
non-diversion control activities, the bill cuts DEA's budget by 
$42 million, or 2.1 percent, which would result in DEA losing 
at least 225 non-diversion positions, including 100 special 
agents. Even when including all of DEA's funding sources, both 
appropriated and fee revenue, the net new resources available 
to DEA in FY 2012 would be slightly below the FY 2011 level 
because the bill includes a rescission of $30 million from 
DEA's prior year appropriations.
    For the Bureau of Alcohol, Tobacco, Firearms and Explosives 
(ATF), the bill provides $1.1 billion, $57 million below the 
current services level. ATF would experience a net loss of 
approximately 400 positions at this funding level. In addition, 
the bill makes permanent a number of provisions related to the 
regulation of firearms, including the ``Tiahrt'' provision, 
which the bill has carried on an annual basis in prior years. 
No matter what one thinks of these provisions, the 
Appropriations Committee has no business in making permanent 
these controversial provisions that are properly under the 
jurisdiction of the authorizing committee.
    Funding for the Bureau of Prisons (BOP) is at least $188 
million less than what BOP needs to cover the growth in costs 
for housing an expanding population of inmates. At the funding 
level provided in this bill, BOP would run out of money before 
the end of the fiscal year. Further, this base funding 
requirement does not include the extra $63 million BOP needs to 
activate three newly-built prisons. While the Committee report 
establishes an expectation that BOP will prioritize the 
activation of new prisons, the reality is that these three 
prisons will sit largely idle at a cost of $60 million just to 
maintain them.
    While the appropriation for the Buildings and Facilities 
account is approximately at the FY 2011 level, the bill also 
rescinds $110 million in prior year unobligated appropriations, 
$75 million more than had been proposed by DOJ for FY 2012. DOJ 
had proposed using the remainder of these unobligated funds for 
the acquisition of a new, high security prison facility to help 
mitigate the current 52 percent overcrowding rate at BOP's high 
security facilities.
    The burden of cuts in the bill falls disproportionately on 
the State and local grant programs at the Department of 
Justice, which are slashed by more than $1 billion, or 38 
percent compared to FY 2011. Cuts to these grants represent 
more than one third of the cuts in the entire bill, even though 
grants made up only 4.6 percent of the bill for FY 2011. 
Compared to FY 2010, these programs would be cut by nearly $2 
billion, or 53 percent. As a result, State, local and tribal 
governments would be starved for law enforcement and criminal 
justice resources.
    Second Chance Act programs are funded at $70 million, a 15 
percent cut from the FY 2011 level and a 30 percent reduction 
from FY 2010. Youth-oriented programs in the bill are cut by 
$199 million, or 55 percent, including the outright elimination 
of several programs.
    The bill entirely eliminates funding for the Office of 
Community Oriented Policing Services (COPS), including all 
funding for the COPS hiring program, the Secure our Schools 
program and COPS training and technical assistance activities.
    The collection and dissemination of criminal justice 
statistics and research on ``what works'' in criminal justice 
are arguably the most fundamental role for the federal 
government in helping state, local and tribal governments 
improve criminal justice systems. Yet, the bill cuts funding 
for the National Institute of Justice by 14 percent and cuts 
the Bureau of Justice Statistics by 22 percent. Further, not 
one of the new, evidenced-based grant programs proposed by the 
Office of Justice Programs is supported in the bill.

                                SCIENCE

    Title III of the bill provides a total of $23.6 billion for 
Science programs, a cut of $1.7 billion below FY 2011 and $2.8 
billion below the requested amount.
    The bill provides only $3 million for the Office of Science 
and Technology Policy (OSTP) in the Executive Office of the 
President, a cut of $3.6 million, or 55 percent. Report 
language directs OSTP to focus its remaining resources on the 
coordination and improvement of Science, Technology, 
Engineering, and Mathematics (STEM) education efforts across 
the government. OSTP plays an important role in improving STEM 
education and science and technology education is critical to 
this country's ability to successfully compete globally. 
However, OSTP has a much broader role in coordinating science 
and technology policy across the executive branch, a role that 
would be severely undercut by the funding level in this bill. 
When we are asking agencies across the federal government to 
find efficiencies and eliminate duplication, funding for 
coordinating agencies such as OSTP should not be slashed.
    The bill funds the National Science Foundation (NSF) at 
approximately the FY 2011 level. We should keep in mind, 
however, that the Rising Above the Gathering Storm report 
prescribed a doubling of NSF funding that would have required a 
34 percent higher funding level for NSF Research and Related 
Activities in FY 2012 than the bill would provide, and 39 
percent more funding for NSF overall. Level funding for NSF may 
be a good outcome in the context of this bill's low funding 
allocation, but not in terms of what we should be investing in 
the basic research that is crucial to our economy. Compared to 
the amount requested by NSF for FY 2012, the funding level in 
the bill would lead to 2,200 fewer NSF grants and 26,000 fewer 
graduate students, undergraduate students and teachers 
supported.
    The NSF Major Research Equipment and Facilities 
Construction account is funded at only 44 percent of the 
requested level. This dramatically lower funding level would 
result in the termination of approximately $100 million in 
contracts for work in progress on major facilities for 
environmental and oceanographic research, and it means roughly 
100 scientific and technical staff would be laid off. Supplier 
companies would face even greater constraints. The associated 
delays in construction would result in a $100 million increase 
in the lifecycle costs of these projects, a prime example of 
how the subcommittee's low funding allocation will translate 
into greater costs to the taxpayer down the road.
    NSF's Education and Human Resources directorate, which 
plays a crucial role in the development of evidence-based STEM 
education curricula and the nurturing of the country's future 
STEM work force, is cut by $27 million, which is $77 million 
below the request.
    The bill provides a total of $16.8 billion for the National 
Aeronautics and Space Administration, a cut of $1.7 billion 
below FY 2011 and $1.9 billion below the request. While we are 
pleased that funding is provided for a comprehensive, 
independent assessment of NASA's strategic direction and agency 
management, many of the funding cuts to NASA are very 
problematic.
    Within the NASA total, Science is cut by $435.9 million 
(8.8 percent) below FY 2011. While the bill unfortunately 
eliminates funding for the James Webb Space Telescope, we are 
grateful for the chairman's commitment to consider funding this 
effort later in the process. NASA has begun to address 
management issues identified by the Independent Comprehensive 
Review Panel, and new leadership is overseeing this project. 
Nearly 75 percent of the spacecraft is already in fabrication; 
this is not the time to pull the plug on the project. The James 
Webb Space Telescope will be 100 times more powerful than the 
Hubble Space Telescope, and will greatly advance our scientific 
understanding of the universe, allowing us to see images of the 
first glows (or glimmers of light) after the Big Bang.
    The NASA Exploration account is cut by $303.3 million, or 
7.7 percent, below the budget request. Within this overall 
account, we are disappointed that funding for Commercial Crew 
Development is cut by $538 million, or 63 percent, below the 
level in the President's request. The requested level is 
necessary for ensuring that American-built and operated 
spacecraft will be able to transport astronauts to the 
International Space Station (ISS) as soon as possible, so that 
the United States can minimize the amount of time it needs to 
rely on Russian Soyuz spacecraft for crew transportation to the 
ISS. This funding cut is not a true savings; the United States 
will need to pay Russia at least $63 million per seat, for a 
longer period of time, to fly to the Space Station on Soyuz 
spacecraft.
    NASA Education is funded at $137.9 million, a cut of $7.6 
million (5.3 percent) below FY 2011. We are pleased that the 
Committee mark maintains funding for the Minority University 
Research and Education Program at $31.4 million, an increase of 
nearly $800,000 above the FY 2010 level. However, we are 
disappointed that there are very significant cuts below FY 2010 
in the NASA Space Grant program (-$18.9 million, or 41.4 
percent) and the Experimental Program to Stimulate Competitive 
Research (EPSCOR) program (-$15.8 million, or 63 percent).

                            RELATED AGENCIES

    Title IV provides a total of $815 million for the bill's 
related agencies, a cut of $103 million below FY 2011 and $177 
million below the request.
    The establishment of justice is one of six primary purposes 
identified in the Preamble to the Constitution. The access to 
justice mission of the Legal Services Corporation (LSC), 
therefore, is among the most important of all the agencies 
funded through the bill. Therefore, we are deeply disturbed 
that the bill provides only $300 million for LSC, a cut of $104 
million or 26 percent. FY 2012 funding would be equal to the 
LSC appropriation in FY 1999. A cut of this magnitude would 
result in 235,000 fewer eligible Americans having access to 
legal services. This cut falls predominately on some of the 
most vulnerable members of our society, with women and children 
representing three out of four users of legal services.
    The bill provides $366 million for the Equal Employment 
Opportunity Commission, $19 million below the request. Funding 
at this level would require a furlough of the entire EEOC 
workforce for nearly four weeks, and would result in the loss 
of 20 trial attorneys, 30 to 40 fewer cases filed, and a 13 
percent increase in the pending charge inventory.

                          COMMITTEE AMENDMENTS

    During Committee consideration of the bill, two amendments 
were adopted that we find particularly troubling. First, the 
Committee adopted an amendment that would prevent the 
enforcement of a reporting requirement finalized by the Office 
of Management and Budget just days before Committee 
consideration of the bill. Under this new requirement, firearms 
dealers would report multiple sales of certain semi-automatic 
rifles--those greater than .22 caliber that also have the 
ability to accept a detachable magazine--to the same individual 
within a five-day period in the four Southwest border states.
    This reporting requirement is identical to one that has 
existed for decades for handguns and in no way does it hinder 
the ability of any law-abiding person to purchase as many 
rifles as they like. The very narrow expansion of the existing 
reporting requirement is an important tool for federal law 
enforcement in the effort to uncover illegal trafficking 
operations intended to supply semi-automatic weapons to the 
violent drug gangs across the border.
    Another amendment adopted in Committee would also prohibit 
the Executive Branch from carrying out its legal 
responsibilities under federal law. The Department of Justice 
is responsible for enforcing the Gun Control Act of 1968, and 
under that law, firearms cannot be imported if they have 
characteristics that are not consistent with sporting purposes. 
In recent years, however, there has been a certain amount of 
confusion about how the Gun Control Act should be applied to 
shotguns with characteristics that are similar to military 
style or law enforcement style rifles and, in effect, this 
uncertainty has made shotgun importers very cautious about what 
they import.
    In January of this year, ATF published a study which 
concluded that shotguns with certain characteristics--such as a 
grenade launcher mount, a flash suppressor, a magazine with 
more than five rounds or a drum magazine--are not designed for 
sporting purposes and should not be imported. This is 
consistent with the criteria used for rifles. The new rule, 
which has not yet gone into effect, will provide certainty to 
importers while it would have no impact on the ability to 
manufacture, sell or distribute domestically-made shotguns.
    This Committee simply has no business in tying the hands of 
law enforcement agencies as they attempt to carry out federal 
law. If Members want to change the laws of the land, there is a 
process for that, and it begins with the authorizing 
committees.
    We want to reiterate our appreciation for the Subcommittee 
Chairman's adherence to regular order in drafting the bill and 
throughout the appropriations process. It is all the more 
unfortunate, therefore, that the process has been unable, so 
far, to overcome the limitations imposed by the bill's 
inadequate allocation. Funding levels throughout the bill would 
have significant deleterious consequences on the basic 
capabilities and missions of the bill's departments and 
agencies--missions that are fundamentally important to the 
security and economic competitiveness of the -Nation.

                                   Norm Dicks.
                                   Chaka Fattah.

                                  
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